ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on
August 5, 1999, for a violation of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp.
1999), for operating and maintaining more than five Class III machines (Class III machines are video poker machines
licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1999)) at a "single place or premises." The South
Carolina Department of Revenue (Department) issued its Final Department Determination sustaining this violation and
imposing a $5,000 fine against each licensee, revoking Class III machine licenses, and also prohibiting the use of Class III
machines at this location for a period of six months. Respondents appealed the matter and it was transmitted to the
Administrative Law Judge Division (Division).
Prior to the hearing on this matter, 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. For the violation on August 5, 1999, Respondents agree to the revocation of the following Class III licenses on the video
poker machines at the location at the time of the violation: Nos. 3157743, 3157744, 3157750, 3157775. Respondents
agree to surrender these licenses to the Department no later than 5:00 p.m. on April 21, 2000.
2. Respondents further agree not to operate or allow the operation of Class III machines at the physical locations of the
area doing business as "Savway, Amber's" located at 310 Fairview Road, Simpsonville, South Carolina, for a six month
period beginning April 21, 2000 (this area is accurately depicted on the attached diagram).
3. In consideration of the above, the Department agrees to waive the remaining penalties sought for these violations.
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 Respondents no long 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
April 13, 2000
Columbia, South Carolina |