ORDERS:
CONSENT ORDER
This matter was initiated by citations issued by the South Carolina Law Enforcement Division (SLED) against Respondents
on November 17, 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 ten Class III machine licenses, and also prohibiting the use of Class III machines at the locations 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 resolved the matter. That resolution is incorporated in this Order.
The agreement between the parties is as follows:
1. For the violation on November 17, 1999, Respondents agree to the revocation of the ten Class III licenses on the video
poker machines at the locations at the time of the violation, Lic. Nos. 3024251, 3024252, 3024253, 3024254, 3024255,
3024256, 3024249, 3024257, 3024258, and 3024250. Because these licenses have expired during the pendency of this
appeal, the Department does not require their surrender.
2. Respondents further agree not to operate or allow the operation of Class III machines at the physical location of the
areas doing business as "Jehlum Room" and "Beas
Room" on the date of the violation, located at I-85, Exit 4, Cherokee Run, Fairplay, South Carolina, for a six month period
beginning June 29, 2000 (this area is accurately depicted on the attached diagram).
3. Respondents further agree to remit to the Department a fine in the amount of $1,000, no later than June 29, 2000.
4. 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
July 6, 2000
Columbia South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney For Petitioner
By:
Robert P. Lusk
Attorney for Respondents
***[NOTE: SEE CASE FILE FOR ATTACHED DIAGRAM
REFERRED TO IN THIS CONSENT ORDER]*** |
