ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division (SLED) against Respondents
(B&L 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 December 14, 1999, B&L 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 five 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 of December 14, 1999, Tim's agrees to the revocation of the following Class III licenses:3006685,
3006684, 3006683, 3006682, and 3006681. Because the licenses have expired during the pendency of this appeal, the
Department no longer requires their surrender.
2. B&L and Tim's, further agree not to operate or to allow the operation of Class III machines at the physical location of
Spinners#1 located at Highway 76, Laurens, South Carolina, for a period of six months. This six month suspension begins
on June 1, 2000. 3. B&L and Tim's , further agree to remit to the Department a fine of $500.00, no later than 5:00 p.m.
on June 8, 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 Marvin F. Kittrell
Chief Administrative Law Judge
June 13, 2000
WE SO CONSENT:
By:
Carol I. McMahan
Attorney For Petitioner
By:
James M. Griffin
Attorney For Respondents |
