ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina Department
of Revenue ("Department") against the
Respondents by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. Section 12-21-2804(A) and
Regulation 117-190 on January 27, 1999. The regulatory violation and assessment report issued by the Department sought the
imposition of $10,000.00 in fines, the revocation of 5 Class III machine licenses, and the closure of the room (Sundown") found to be
in violation for a period of six months. A Final Agency Determination issued by the Department on March 9, 2000 sustained the fine.
This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on July 20, 2000. Prior to the
hearing being scheduld in this matter, the parties informed the Court that they reached a compromise under the following terms and
conditions:
1. Respondents admit to a violation of the single place or premise requirement contained in Section 12-21-2804(A) on or about
January 27, 1999.
2. The Respondents agree to pay a fine in the amount of $1,000 and to make payment of
such fine to the Department of Revenue within thirty (30) days of the date of this Order.
3. The Respondent Dove further agrees to the revocation of five (5) Class III licenses at issue in this matter all of which expired on
May 31, 1999 and May 31, 2000 and their revocation is therefore considered moot for purposes of this agreement.
4. In consideration for the above stated agreement and payment, the Department agrees to waive the remaining monetary fines and
penalties sought against the Respondents in this
action.
5. The Respondent Gates further agrees to a six month prohibition on the operation and use of Class III machines at the location doing
business as "Sundown" beginning August 1, 2000,
in the event that such are determined to be legal in the State of South Carolina subsequent to the entry of this Order.
6. The parties agree and understand that this constitutes a final settlement of this matter.
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with
prejudice.
___________________________ ______________________
Jeffrey M. Nelson, Esq. Robert G. Rikard, Esq.
Counsel for Regulatory Litigation Attorney for the Respondents
S.C. Department of Revenue Post Office Box 1090
P.O. Box 125 Columbia, South Carolina 29202
Columbia, South Carolina 29214 (803) 252-4848
(803) 898-5172
IT IS SO ORDERED.
Hon. John D. Geathers
Administrative Law Judge
August 28, 2000
Columbia, SC |
