South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Tim's Amusements, Inc., GAMECO, Inc. d/b/a Play to Win, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tim's Amusements, Inc., GAMECO, Inc. d/b/a Play to Win, GAMECO, Inc. d/b/a Win 2 Play, and GAMECO, Inc. d/b/a Anything Wild
 
DOCKET NUMBER:
99-ALJ-17-0645-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondents by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. Section 12-21-2804(A) and Regulation 117-190 on March 3, 1999. The Regulatory Violation and Assessment Report issued by the Department sought the imposition of $15,000.00 in fines, the revocation of 15 Class III machine licenses and the closure of the three rooms found to be in violation for a period of six months. A Final Agency Determination issued by the Department on December 9, 1999 sustained the fine.

This matter was transmitted to the Administrative Law Judge Division to for a contested case hearing on May 12, 2000, and subsequently rescheduled for June 1, 2000. Prior to a hearing being scheduled in this matter, the parties informed the Court that they had reached a compromise under the following terms and conditions:

1. Respondents admit to a violation of the single place or premise requirement contained in Section 12-21-2804(A) on or about March 9, 1999.

2. The Respondent GAMECO, Inc. agrees to remove all Class III video game machines from the rooms doing business as "Play to Win" and "Win 2 Play" and to refrain from operating any such machines on the premises of these rooms for a period of six months commencing on June 1, 2000.

3. The Respondent GAMECO, Inc. further agrees to pay a fine in the amount of $1,000 and to make payment of such fine to the Department of Revenue within thirty (30) days of the date of this Order.

4. As to the Respondent Tim's Amusement, the fifteen (15) Class III licenses at issue in this matter all expired on May 31, 1999 and their revocation is therefore considered moot for the purposes of this agreement. Further, on the basis of the South Carolina Supreme Court's Order in the matter of S.C. Dept. of Revenue v. Collins Entertainment Corp. (Op.No. 25110, Apr. 17, 2000) and the lack of any evidence that Tim's Amusements was directly involved in the business operation of GAMECO, Inc. or the premises found to be in violation, the Department hereby waives the monetary fines previously sought against Tim's Amusements.

4. In consideration for the above stated agreement and payment, the Department agrees to waive the remaining monetary fines and penalties sought against GAMECO, Inc. in this action.

5. The parties agree and understand that this constitutes a final settlement of this matter.

Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.



_________________________ __________________________

Jeffrey M. Nelson James M. Griffin

Counsel for Regulatory Litigation Attorney for the Respondent

S.C. Department of Revenue Post Office Box 5

P.O. Box 125 Columbia, S.C. 29202

Columbia, SC 29214 (803) 779-4600

(803) 898-5172 Attorney for Tim's Amusements, Inc.





__________________________

David E. Belding

P.O. Box 11964

Columbia, SC 29201

(803) 748-1222

Attorney for GAMECO, Inc.









IT IS SO ORDERED







_________________________

Hon. John D. Geathers

Administrative Law Judge





________________, 2000

Columbia, SC


Brown Bldg.

 

 

 

 

 

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