ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondents for violation of the Video Game Machines Act
[S.C. Code Ann. Section 12-21-2805(A) (Supp. 1996)]. On June 13, 1996, Respondents were
cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1996) (referred to as Class III licenses) at a single place or premises, in
violation of Section 12-21-2804(A) and 27 S.C. Code Ann Regs. 117-190 (Supp. 1996). A
Department Determination was issued sustaining the imposition of the violation. The
determination sought revocation of Respondents Capital Amusements, Inc.'s and Castle
Amusements, Inc.'s ten (10) Class III licenses, that no licenses will be used for the operation of
machines at that location for a period of six (6) months and a monetary penalty in the amount of
$5,000.00 against each Respondent.
The parties worked out an agreement resolving the matter. That agreement is
incorporated into this Order.
The agreement between the parties is as follows:
1. As the ten licenses located at 505 Hwy 544, Conway, South Carolina on June
13, 1996, have expired, the Department no longer seeks their surrender.
2. Respondents agree not to operate or to allow the operation of Class III
machines in the rooms doing business as 544 Superstore and Hide Away III at the location for a
period of six months. (These rooms are accurately depicted on the attached diagram). This six
month suspension is effective upon the signing of this order.
3. In consideration of the above, and pursuant to S.C. Code Section 12-4-320(3)
(Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for this
violation as to each of the Respondents set forth herein.
4. The parties agree that this is a settlement of a contested matter and is not an
admission of wrongdoing by the licensees, pursuant to Section 12-4-320(3).
I find the above settlement to be fair and equitable, approve such settlement, and
hereby Order its adoption. As the parties no longer require a hearing on this matter I also Order
this matter Dismissed with Prejudice.
WE SO MOVE:
By: ____________________________
Carol I. McMahan
Counsel for Regulatory Litigation
Attorney for Petitioner
WE SO CONSENT:
By: ______________________________
W. Joseph Moore
Attorney for Respondents
AND IT IS SO ORDERED.
_____________________________
Honorable Stephen P. Bates
Administrative Law Judge
June 30, 1997
Columbia, South Carolina
[NOTE: SEE CASE FILE FOR THE "ATTACHED DIAGRAM"] |