ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against
Respondents on July 14, 1999, for violations of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code
Ann. Regulation 117-190 (Supp. 1998), 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)) at a "single place or premises." The South Carolina Department of Revenue (Department)
issued its Final Department Determination sustaining this violation and imposing monetary fines against each
licensee, revoking the Class III video poker machines 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, 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 July 14, 1999, Respondents agree to the revocation of the five Class III licenses on
the video poker machines at the location at the time of the violation. Respondents have surrendered these
licenses to the Department.
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 Palmetto Risk #104 located at
307 East Main Street, Ridge Spring, South Carolina (see attached diagram). Respondent agrees to remove
this room from the structure no later than March 30, 2000.
3. Respondents further agree to remit to the Department a monetary penalty of $1,000.00. This fine was
remitted to the Department on February 29, 2000.
4. In consideration of the above, the Department agrees to waive the remaining penalties sought for this
violation.
5. The parties further agree that they enter into this agreement freely and voluntarily, with a full
understanding of the agreement's terms and conditions.
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 longer require a hearing on
this matter, I also Order this matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
______________________________
Honorable C. Dukes Scott
Administrative Law Judge
March 1, 2000
Columbia, South Carolina
WE SO CONSENT:
By:______________________________
Carol I. McMahan
Attorney for Petitioner
By:______________________________
William A. McDaniel
President, Little Billy Food Stores, Inc. and
Palmetto Risk Corp., Inc.
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(NOTE: PLEASE SEE CASE FILE FOR COPY OF ATTACHMENT) |
