ORDERS:
CONSENT ORDER
This matter was initiated by citations issued by the South Carolina Law Enforcement Division (SLED) against Respondents on July
15, 1999, for violations of S.C. Code Ann. Section 12-21-2804(A) and 27-S.C. Code Ann. Regulation 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 monetary fines against each licensee,
revoking licenses, and prohibiting the use of licenses for a six month period. Respondents appealed the matter and it was transmitted
to the Administrative Law Judge Division (Division). Prior to the hearing on this matter, Respondent Punjab Petroleum Inc.,
withdrew its request for a hearing, accepting the Department's Final Determination.
Also, prior to the hearing, the Stephen E. Lipscomb and the Department resolved the matter. That resolution is incorporated in this
Order.
The agreement between the parties is as follows:
1. For the violation on July 15, 1999, Respondent Lipscomb agrees to the revocation of the fifteen licenses on the premises of each
location. As these licenses have expired, the Department does not require their surrender.
2. Respondent Lipscomb also agrees not to operate or allow the operation of Class III machines at the physical location of the areas
doing business as the "Washington Room," "Grant Room," and "Lincoln Room" on the date of the violation, located at 1625
Whitehorse Road, Greenville, South Carolina, for a six month period beginning July 1, 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 this violation.
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 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
August 25, 2000
Columbia, South Carolina
WE SO CONSENT:
By:________________________________
Carol I. McMahan
Attorney for Petitioner
By:________________________________
Zoe Sanders Nettles
Attorney for Respondent Stephen Lipscomb |
