ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner
South Carolina Department of Revenue ("Department") against the Respondent for violations of the Video
Games Machines Act ("Act"), S.C. Code Ann. § 12-21-2804 (A) (Supp. 1997) on December 12, 1996. The
citation issued to Respondents on that date was for violations of that provision of the Act. Specifically, the
Department alleges that the Respondents have violated the "one separate employee" requirement of South
Carolina Code of Regulations Reg. 117-190 (Supp. 1997). The Regulatory Violation and Assessment Report
sought the imposition of a $5,000.00 monetary penalty against the Respondents for each violation for a total
penalty of $20,000 per Respondent. A Final Agency Determination was issued by the Department sustaining
the imposition of the penalty assessed in the violation report.
Prior to the hearing, an agreement was reached between the parties resolving this matter on the following
terms and conditions:
1. The Respondents Julian F. Adams, Sr., Julian F. Adams, Sr. d/b/a Lucky Seven Art
Gallery, Sevens Amusement, Inc., d/b/a Mardi Gras, agree to pay a total fine of $5,000.00 and to
make payment ofthe fine to the Department within 30 days ofthe date ofthis Order. In addition the
Respondents agree to close the rooms marked three (3) and four (4) in the "SLED" report filed after
inspection of the premises.
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 including
the dropping of all penalties against the room masked two (2) in the aforementioned "SLED"
report.
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 James H. Harrison
Counsel for Regulatory Litigation Attorney for Respondents
P.O. Box 125 1819 Hampton Street
Columbia, SC 29214 Columbia, S.C. 29201
(803) 737-4426 (803) 256-0049
IT IS SO ORDERED.
_____________________
Alison Renee Lee
Administrative Law Judge
June 1, 1998
Columbia, South Carolina |