Johnson v. Collins Entertainment Co.

199 F.3d 710, 1999 U.S. App. LEXIS 33892, 1999 WL 1256145
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 27, 1999
DocketNos. 98-2225, 99-1601, 99-1709
StatusPublished
Cited by85 cases

This text of 199 F.3d 710 (Johnson v. Collins Entertainment Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Collins Entertainment Co., 199 F.3d 710, 1999 U.S. App. LEXIS 33892, 1999 WL 1256145 (4th Cir. 1999).

Opinions

Vacated and remanded with directions by published opinion. Chief Judge WILKINSON wrote the opinion, in which [715]*715Senior Judge MAGILL joined. Judge LUTTIG wrote an opinion concurring in the judgment.

OPINION

WILKINSON, Chief Judge:

Plaintiffs are habitual gamblers who have sued South Carolina video poker operators as part of an effort to kick their habits. They requested an injunction to prevent the video poker operators from paying out more than $125 daily to a customer at one location. Plaintiffs also sought damages based on alleged violations of the payout limit and other statutes. The district court granted the injunction based on its interpretation of state law and ruled in plaintiffs’ favor on a question of state unfair competition law. In doing so, however, the district court improperly interfered with a state regulatory scheme whose design is at the heart of the state’s police power. The district court should instead have abstained under the doctrine of Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943). We therefore vacate the injunction and remand this case with directions to dismiss or remand to state court all claims for equitable relief and to stay proceedings on claims for damages pending the resolution by the state courts of disputed questions of state law. We do so in the belief that the resolution of the volatile questions surrounding video poker must be committed above all to the legislative, judicial, and regulatory processes of South Carolina.

I.

Video poker has arguably been the most hotly contested issue in South Carolina in recent years. For nearly two centuries, South Carolina law prohibited gambling. This ban did not extend, however, to “coin operated nonpayout machines with a free play feature” so long as the machines did not disburse “money or property” to a player. S.C.Code Ann. § 16-19-60 (Law. Co-op.1976). A 1986 amendment to this provision simply deleted the words “or property.” See Act effective June 18, 1986, Part II, § 26B, 1986 S.C. Acts 540.

In 1991, the South Carolina Supreme Court interpreted the amended provision as authorizing cash payouts to players of video gaming machines so long as the money was dispensed by a person and not by a machine. See State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991). The ruling encouraged the exponential growth of the video poker industry and the intense debates that have accompanied it. As of March 1999, there were nearly 34,000 reported video poker machines in the state. See South Carolina Dep’t of Revenue, South Carolina Video Game Machine Quarterly Reports, 1st Quarter 1999 (1999). Over $2.5 billion was deposited into these machines in 1998. See South Carolina Dep’t of Revenue, South Carolina Video Game Machine Quarterly Reports, 4-th Quarter 1998 (1999).

South Carolina has employed a variety of legislative, administrative, and judicial mechanisms to regulate this multi-billion dollar business. These mechanisms constitute an interdependent state network aimed at the comprehensive regulation of video poker.

The South Carolina General Assembly has been engaged in extensive efforts to regulate the video poker industry. For example, in 1993 the legislature enacted the Video Game Machines Act (VGMA), S.C.Code Ann. §§ 12-21-2770 et seq. (West Supp.1998), to impose licensing requirements and a wide range of other restrictions on the industry. The statute requires detailed quarterly reports on the location, use, and profitability of each video poker machine. See S.C.Code Ann. § 12-21-2776(B). The statute also limits the number of machines at a single place or premises to five, see S.C.Code Ann. § 12-21-2804(A), and forbids businesses that provide cash payouts for video poker from operating within three hundred feet of municipal schools, playgrounds, and places of worship, see S.C.Code Ann. § 12-21-2793. [716]*716Other provisions deal with everything from the mechanical requirements of machines, see S.C.Code Ann. § 12-21-2774, to the permissible hours of machine operation, see S.C.Code Ann. § 12-21-2804(E). The statute also prescribes various remedies for violations of its terms. See, e.g., S.C.Code Ann. § 12-21-2788 (revocation or denial of license for illegal placement of machines); S.C.Code Ann. § 12-21-2794 (criminal sanctions for tampering with machines); S.C.Code Ann. § 12-21-2804(F) (civil and criminal sanctions for various types of violations). The General Assembly has revisited the problems of video poker regulation frequently since 1993, balancing the revenue gained from licensing and taxation of video poker against the social costs of gambling addiction.

State administrative agencies have also been involved with the regulation of video poker. The South Carolina Department of Revenue (DOR) and State Law Enforcement Division (SLED) share responsibility for enforcement of the state’s gaming laws. See S.C.Code Ann. §§ 12-21-10, 23-3-15 (Law. Co-op.1976 & West Supp.1998); see also Exec. Order No. 96-13 (1996). The DOR and SLED have enforced these laws, inter alia, by conducting on-premise inspections and levying fines against video poker operators for infractions.

The General Assembly has also vested the Department of Revenue with the authority to promulgate regulations governing video poker machines and operators. See S.C.Code Ann. § 12-21-2798. The DOR has issued dozens of regulations, rulings, and letters designed to notify video poker operators of the steps necessary to comply with the law. The requirements cover topics ranging from the meaning of “single place or premises,” see 27 S.C.Code Ann. Regs. 117-190 (West Supp.1997), to the minutiae of the licensing process, see, e.g., Info. Ltr. 94-11 (April 26,1994), to the VGMA’s application to multi-player video gaming devices, see Rev. Rui. 95-10 (June 28,1995).

The Attorney General of South Carolina likewise issues opinions on a wide range of video poker matters. See, e.g., 1997 WL 323785 (S.C. Att’y Gen. May 23, 1997) (local law enforcement of VGMA); 1995 WL 805829 (S.C. Att’y Gen. Oct. 17, 1995) (municipal tax on video, poker). And as the state’s chief law enforcement officer, the Attorney General advises the governor on how to tackle problems of enforcement.

In 1993, the legislature created the Administrative Law Judge (ALJ) Division, which deals in part with the issues arising from regulation of the video poker industry. See S.C.Code Ann. § 1-23 500 et seq. (West Supp.1998). Most importantly, the ALJ Division has appellate jurisdiction over DOR license denials and revocations. See S.C.Code Ann. § 12-60-1320 (West Supp.1998). The ALJ Division hears scores of cases each year involving the interpretation and enforcement of gaming laws. See, e.g., South Carolina Dep’t of Revenue v. B & C Enterprises, No. 99-ALJ-17-0297-CC, 1999 WL 787789 (S.C.A.L.J.Div. September 9, 1999) (addressing meaning of “single place or premises”); South Carolina Dep’t of Revenue v. Branch, No. 99-ALJ-17-0138-CC, 1999 WL 675071 (S.C.A.L.J.Div. August 9,1999) (penalties for failure to procure license from DOR). In the course of these adjudications, the ALJ Division has presumably developed substantial expertise in the peculiar

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199 F.3d 710, 1999 U.S. App. LEXIS 33892, 1999 WL 1256145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-collins-entertainment-co-ca4-1999.