ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division (SLED) against Respondents
(Simpsonville and Tim's) for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp.
1999) and 27 S.C. Code Ann. Reg. 117-190 (Supp. 1999)]. On November 4, 1999, Simpsonville and Tim's, were cited for
violating the "single place or premises" requirement of Section 12-21-2804(A) and Regulation 117-190. A Department
Determination was issued sustaining the imposition of the violation. The determination sought revocation of Tim's four
Class III licenses (licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1999) are commonly
referred to as "Class III" machines and licenses), that no licenses may be used for the operation of machines at that location
for a period of six months and a monetary fine against both licensees. The licensees appealed and the matter was transmitted
to the Administrative Law Judge Division.
Prior to the hearing, the parties resolved the matter. That resolution is incorporated into this Order.
The agreement between the parties is as follows:
1. For the violation on November 4, 1999, Tim's agrees to the revocation of the following Class III licenses: 3005613,
3005616, 3005615, and 3005614. Because the licenses have expired during the pendency of this appeal, the Department no
longer requires their surrender.
2. Simpsonville and Tim's, further agree not to operate or to allow the operation of Class III machines at the physical
location of Simpsonville Shortstop, Inc., d/b/a Simpsonville Shortstop, IV, located at 430 SE Main Street, Simpsonville,
South Carolina, for a period of six months. This six month suspension begins on June 14, 2000.
3. Simpsonville, further agrees to remit to the Department a fine of $500.00, no later than 5:00 p.m. on June 14, 2000.
3. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation.
4. The parties agree that this agreement constitutes the full and final resolution of the violation as set forth herein.
I find the above agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. As the parties
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
July 6, 2000
WE SO CONSENT:
By:
Carol I. McMahan
Attorney For Petitioner
By:
James M. Griffin
Attorney for Tim's Amusement, Inc.
By: ____________________________
J. Chris Brown
Attorney for Simpsonville Shortstop, Inc. |
