ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on January 26,
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 various penalties. Respondents appealed the
matter, and it was transmitted to the Administrative Law Judge Division (Division).
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 on January 26, 2000, Respondents agree to the revocation of the ten Class III licenses on the video poker
machines at the location at the time of the violation. Because eight of these licenses have expired, the Department does not require
their surrender. Further, Respondents agree that they have submitted to the South Carolina Department of Revenue Class III license
nos. 3158147 and 3158146 for issuance of a refund of the unexpired term of these licenses. Respondents agree that they are not
entitled to the refund for these two licenses because they have been revoked pursuant to the terms of this consent agreement.
2. Respondents also agree to remit to the Department a fine in the amount of $1,000.00 for this violation. This amount will be paid no
later than 5:00 p.m. on August 21, 2000. Respondents also agree not to operate or allow the operation of Class III machines at the
physical locations of the areas doing business as "Goody's Restaurant" and "Aces Game Room" for a six month period, such
suspension beginning August 21, 2000. (These areas are accurately depicted on the attached diagram).
3. In consideration of the above, the Department agrees to waive the remaining penalties sought for these violations.
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.
______________________________
John D. Geathers
Administrative Law Judge
August 18, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:_____________________________
Randall S. Hiller, Attorney for Respondents |
