ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue (Department)
against Respondents for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998)]. On January 21, 1997, Respondents were cited for maintaining more than five
licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998) (referred to as "Class
III" machines and licenses) at a single place or premises, in violation of Section 12-21-2804(A) and Regs.
117-190. A Department determination was issued sustaining the imposition of the violation. The
determination sought revocation of Respondent McNickel's, Inc., 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
against each Respondent.
Prior to the hearing, the parties resolved the matter. That resolution is incorporated into this Order.
1. For the violation of January 21, 1997, Respondent McNickel's, Inc., agrees to the revocation of the five
Class III licenses located at 13 Northridge Plaza, Hilton Head Island, South Carolina on that date, Nos.
026470, 026471, 026433, 026473, and 026472. As these licenses have expired during the pendency of this
appeal, the Department does not require their surrender.
2. Respondents further agree not to operate or allow the operation of Class III machines at the physical
location of the area doing business as "Heritage Driftwood" (as it existed on January 21, 1997) for a period
of six months beginning February 3, 2000 (this area is accurately depicted on the attached diagram).
Respondents also agree to remit to the Department a fine in the amount of $500.00 no later than 5 p.m. on
February 3, 2000.
3. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought
for this violation as to Respondents.
I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption.
The Court retains continuing jurisdiction to enforce this Order. As parties 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
March 16, 2000
Columbia, South Carolina
WE SO CONSENT:
_____________________________
Carol I. McMahan
Attorney for Petitioner
_____________________________
H. Fred Kuhn, Jr.
Attorney for Respondent |