ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondent for a violation of the Video Game Machines Act
[S.C. Code Ann. Section 12-21-2804(A)(Supp.1997)]. On April 16, 1998, Respondent was
cited for operating more than five machines licensed pursuant to S.C. Code Ann. Section 12-21-2720 (A)(3)(Supp. 1997)(commonly referred to as "Class III machines and licenses"), in
a single place or premises, in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs.
117-190(Supp. 1997). A Department Determination was issued sustaining the imposition of
the violation. The Determination sought revocation of five Class III licenses, that no Class III
licenses will be allowed for use in the location for a period of six months and a $5,000.00
monetary penalty.
Prior to the hearing scheduled for November 4, 1998, the parties entered into an
agreement resolving the matter. That agreement is incorporated in this Order.
The agreement between the parties is as follows:
1. Respondent admits that on April 16, 1998, at the time of the South Carolina
Law Enforcement agent's inspection at 738C Main Street, S. Congaree, South Carolina, there
was no employee on the premises of the gaming area doing business as "Ferrari."
2. Respondent further agrees to the revocation of Class III license numbers
3939131, 3939132, 3939133, 3939134, and 3939135. Respondent agrees to surrender these
licenses no later than 5:00 p.m. on November 4, 1998.
3. Respondent further agrees not to operate or allow the operation of any Class
III licenses or machines at the physical location of "Ferrari" noted in No. "1" above for a
period of six months from November 4, 1998 (this area is accurately depicted on the attached
diagram).
4. In consideration of the above, the Department agrees to waive the remaining
monetary penalties sought for this violation.
I find this agreement to be fair and equitable, approve such agreement, and hereby
Order its adoption. This Court retains continuing jurisdiction to enforce this Order. As the
Respondents no longer require a hearing on this matter, I also order this matter Dismissed with
Prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
October 28, 1998
Columbia, South Carolina
WE SO CONSENT:
By:_____________________
Carol I. McMahan
Attorney for Petitioner
By: ______________________
Kenneth E. Allen
Attorney for the Respondent |