ORDERS:
ORDER AND DECISION
This matter comes before me on the citation issued by the Department of Revenue and Taxation
against James McDonald for violating the provisions of the Video Game Machines Act relating to
operating more than eight machines in a single place or premise. After notice to the parties, a
hearing was scheduled for May 31, 1995. At the hearing, the parties reached a settlement of the
issues involved and incorporate the terms into this Order.
The agreement between the parties is as follows:
1. The respondents will reduce the total number of class III machines in operation in the location
known as Carowinds Boulevard Mall at 2740 Highway 21, Fort Mill, South Carolina by
5:00 p.m. Wednesday, May 31, 1995. This includes all businesses located within the structure at
that address. The reduction in the number of machines may be accomplished by unplugging the
machines not in use and turning them around so that the back of the machine faces outward.
2. No more than eight class III machines will be operated or permitted to operate at the structure
located at 2740 Highway 21 known as Carowinds Boulevard Mall in Fort Mill, South Carolina
until the effective date of the regulations issued by the Department and approved by the
legislature defining the term "single place or premise". The anticipated effective date is June 23,
1995. In the event, the regulations do not become effective on June 23, 1995, additional
machines may be placed in operation in the structure only upon consent of the Department.
3. No more than eight class III machines will be operated or permitted to operate at the structure
located at 2740 Highway 21, known as Carowinds Boulevard Mall in Fort Mill, South Carolina
until all separate businesses in that structure are in full compliance with the pending regulations
defining a "single place or premise". Any structural changes shall be in full compliance with the
appropriate building code. This compliance will be determined by an inspection by an agent of the
Department. A disagreement as to compliance will be immediately brought before the
Administrative Law Judge Division, and all parties waive all notice periods.
4. James McDonald agrees to pay a $25,000 fine within ten days of the date of this Order.
5. Nothing in the agreement set forth in this Order shall be construed as an admission of any
violation on the part of the Respondents.
Based upon the foregoing consent agreement by the parties, it is
ORDERED, that the above agreement is approved and the case is DISMISSED.
AND IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge
May _____, 1995
Columbia, South Carolina |