ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on January 11,
2000, for a violation 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)) at a "single place or premises." The South Carolina Department of Revenue (Department)
issued its Final Department Determination sustaining this violation and imposing fines against Larry O Kelly, revoking Class III
machine licenses, and also prohibiting the use of Class III machines at this location for a period of six months. Respondent Sonco
Amusements Inc. appealed the matter, and it was transmitted to the Administrative Law Judge Division (Division). Respondent Okelly
did not appeal the Department's Final Department Determination.
Prior to the hearing on this matter, the parties entered into an agreement resolving the matter. That agreement is incorporated in this
Order.
The agreement between the parties is as follows:
1. For the violation at issue, Sonco Amusements Inc. (Sonco) agrees to the revocation of the ten Class III licenses on the video poker
machines at the location at the time of the violation. Sonco agrees to surrender license Nos. 315774, 315771, 315773, 3157768,
3157769, 3157770, and 3157772, to the Department, no later than 5:00 pm on August 25, 2000. The remaining licenses at issue have
expired during the pendency of this appeal, and the Department does not require their surrender.
2. Sonco also agrees not to operate or allow the operation of Class III machines at the physical locations of the area doing business as
"Larry's Place" and "Donna's Place" located at 6601 Highway 24, Townville, South Carolina, for a six month period which began
July 1, 2000.
3. The Department consents to the terms so stated herein.
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 require a hearing on this matter, I also Order this matter Dismissed with
Prejudice.
AND IT IS SO ORDERED.
______________________________
Honorable John D. Geathers
Administrative Law Judge
August 24, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:_____________________________
James M. Griffin
Attorney for Sonco Amusements Inc. |
