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RICK'S AMUSEMENT, INC. v. STATE

No. 25359.

351 S.C. 352 (2001)

570 S.E.2d 155

RICK'S AMUSEMENT, INC., B & B Amusement, Tripp's Amusement Company, Fascination of S.C., Britt's Inc. d/b/a Tripp's Convenience, Crenshaw Technology, Inc., Southern Amusements, Ballard Amusements, Inc., Wilkinson Fuel Company d/b/a Nu-Way Marketing, Greenwood Music Co., Inc., McDonalds Amusements, Inc., Cherokee Trail, Sonoco Amusements, and JSW Amusement, and all those similarly situated, Plaintiffs, of whom Rick's Amusements, Inc., B & B Amusement, Tripp's Amusement Company, Fascination of S.C., Britt's Inc. d/b/a Tripp's Convenience, Crenshaw Technology, Inc., Southern Amusements, Ballard Amusements, Inc., Wilkinson Fuel Company d/b/a Nu-Way Marketing, Greenwood Music Co., Inc., McDonalds Amusements, Inc., Cherokee Trail, Sonoco Amusements, and JSW Amusement are, Appellants, v. STATE of South Carolina, Respondent. and Leslie Mart, Inc., and all those similarly situated, Plaintiff, of whom Leslie Mart, Inc., is Appellant, v. State of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided November 5, 2001.

Attorney(s) appearing for the Case

A. Camden Lewis and Ariail E. King of Lewis Babcock & Hawkins, L.L.P., and Richard A. Harpootlian of Richard A. Harpootlian, P.A., of Columbia, for appellants.

Ronald K. Wray, II, and Denise L. Bessellieu, of Gallivan, White & Boyd, P.A., of Greenville, and Nathan Kaminiski, Jr., and Christie N. Barrett, of Office of Attorney General, of Columbia, for respondent.

JUSTICE BURNETT:

Appellants, owners of video gaming machines and operators of commercial establishments providing video gaming machines, appeal the circuit court's order granting Respondent State of South Carolina's (the State's) Rule 12(b)(6), SCRCP, motion to dismiss. We affirm.

BACKGROUND

In July 1993, the legislature enacted South Carolina Code Ann. § 12-21-2806 (2000) (local option law) which permitted counties to hold a referendum...

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