ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Nic's Pic Kwik of
South Carolina, Inc. ("Nic's") of a citation issued by the South Carolina Law Enforcement Division
("SLED") against Nic's for a violation of the Video Games Machines Act ("Act"), S. C. Code Ann.
Sections 12-21-2748 and 12-21-2802 (Supp. 1996) on January 23, 1997 at Respondent's store
located at 101 Tatum Avenue, McColl, South Carolina. The citation issued to Respondent on that
date was for three separate violations each of the provisions of the Act regarding owner/operator
identification (Sec. 12-21-2748) and penalty signs (Sec. 12-21-2802) on Class III machines. A
proposed assessment was issued to the Respondent by the South Carolina Department of Revenue
("Department') on June 19, 1997. The assessment report imposed monetary penalties against Nic's
in the amount of $2,500 per machine for violations of the owner identification provision of the Act
and $300.00 per machine for violations of the penalty sign provision of the Act. A Final Agency
Determination was issued by the Department on November 5, 1997, sustaining the imposition of
fines for the above listed offense totaling $8,400.
The Department transmitted the Respondent's appeal to the Administrative Law Judge
Division on November 17, 1997. This case was assigned to Judge Stevens and the Department
subsequently filed and served a Prehearing Statement and Exchange of Evidence with the ALJD and
Respondent on December 4, 1997. Prior to a hearing being scheduled in this case, an agreement was
reached between the parties resolving this matter on the following terms and conditions:
1. The Respondent agrees to pay a fine of $1,800.00; $500.00 for each of the three
violations of the owner/operator identification provision of Section 12-21-2748 and $300.00 for each
of the three violations of the penalty sign provision of Section 12-21-2802. Respondent further
agrees to pay the aforesaid amount to the Departments within 15 days of the signing of this Order
by the Court.
2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp.
1996) to waive the remaining monetary penalties sought for this violation from the Respondents.
3. The parties further agree and understand that this is a compromise and settlement of
a contested penalty and is entered by the Department under the authority provided it in S.C. Code
Ann. 12-4-320(3) to compromise such matters.
Having reviewed this agreement and settlement in compromise, and having questioned the
parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and
dismiss the Petition in this matter with prejudice.
Jeffrey M. Nelson Ken Nichols
Counsel for Regulatory Litigation Pro Se, on behalf of Respondent
P. O. Box 125 Nic's Pic Kwik of South Carolina, Inc.
Columbia, SC 29214 P. O. Box 1206
(803) 737-4426 Laurinburg, NC 283-1626
IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
January 5, 1998
Columbia, South Carolina
Please Note: Consent Order prepared by Petitioner's Attorney, Jeffrey M. Nelson. |