ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondents of a Final Agency Determination issuied by the
Petitioner South Carolina Department of Revenue ("Department"). The Determination arose from a citation issued against
the Respondents by the South Carolina Law Enforcement Division for violations of S.C. Code Ann. Section 12-21-2804(A)
(Supp. 1999) on June 21, 1999. The Final Agency Determination issued by the Department sought the imposition of
$10,000.00 in fines against the Respondents for this violation as well as the revocation of ten Class III licenses and a six
month moratorium on the operation of Class III machines on the cited premises.
This matter was transmitted to the Administrative Law Judge Division on January 28, 2000. Prior to a hearing being set in
this matter, the parties reached a settlement on thematter on the following terms and conditions:
1. Respondents admit to a violation of the single place of premise provision contained in Section 12-21-2804(A)
2. The Respondent Sparky's Pecan Outlet, Inc. agrees to refrain from the operation of
any Class III video game machines at the locations licenses to do business as Sparky's Fireworks B and Sparky's and as
further identified on the attached diagram, for a period of six months from the entry of this Order.
3. The Respondents Sparky's Pecan Outlet, Inc. and Stephen E. Lipscomb agree to each pay a fine in the amount of $500,
for fines totaling $1,000, and to make payment of such fines to the Department of Revenue within thirty (30) days of the
date of this Order.
4. The Class III COD licenses which the Department sought revocation of in this matter all expired effective September 30,
1999. The revocation of these licenses is therefore considered moot by the parties for the purposes of this agreement.
5. In consideration for the above stated agreed upon six month prohibition on the operation of Class III machines and
payment of $1,000 in fines, the Department agrees to waive the remaining monetary fines previously sought in this action.
6. The parties agree and understand that this constitutes a final settlement of this matter.
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter
with prejudice.
_________________________________ ___________________________________
Jeffrey M. Nelson, Esq. Zoe Sanders Nettles, Esq.
Counsel for Regulatory Litigation Attorney for Stephen E. Lipscomb
S.C. Department of Revenue Nelson, Mullins, Riley & Scarborough, P.A.
P.O. Box 125 P.O. Box 11070
Columbia, SC 29214 Columbia, SC 29211
(803) 898-5172 (803) 799-2000
_________________________
Todd R. Ellis, Esq.
Attorney for Sparky's Pecan Outlet, Inc.
Smith, Ellis & Stuckey, P.A.
1720 Main Street, Suite 304
Columbia, SC 29201
(803) 933-9800
IT IS SO ORDERED
_____________________________ C. Dukes Scott
Administrative Law Judge
March 7, 2000
Columbia, SC
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(NOTE: PLEASE SEE CASE FILE FOR ATTACHED DIAGRAM) |
