ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondent on
March 29, 1999, for a violation of S.C. Code Ann. Section 12-21-2804(B) (Supp. 1999), for inducing the play of machines
licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3)(Supp. 1999) (commonly referred to as "Class III"
machines and licenses). The South Carolina Department of Revenue (Department) issued its Final Department
Determination sustaining this violation and imposing a fine against Respondent (Vixen). Vixen appealed the determination
and it was transmitted to the Administrative Law Judge Division (Division) for a hearing.
Prior to the hearing, the parties resolved the matter. That resolution is incorporated in this Order.
The agreement between the parties is as follows:
1. For the violation on March 29, 1999, Vixen agrees to remit to the Department a monetary fine of $500.00 no later than
5:00 p.m. on March 31, 2000. Vixen further agrees not to advertise nor provide inducements for the play of Class III video
poker machines in the future.
.
2. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation.
3. The parties further agree that this constitutes the full and final resolution of this matter.
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 Vixen no longer requires 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
April 4, 2000
Columbia, South Carolina
WE SO CONSENT:
By:_____________________________
Carol I. McMahan
Attorney for Petitioner
By:______________________________
David Belding, Attorney for Respondent |