ORDERS:
CONSENT ORDER
This matter was initiated by citations issued by the South Carolina Law Enforcement Division (SLED) against Respondents on
February 17, 2000, 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 12-21-2702(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 licenses, and prohibiting the use of licenses for a six month period. Respondent 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 February 17, 2000, Respondents agree to the revocation of the following five Class III licenses: 3150222,
3150223, 3150224, 3150225, and 3150229. These licenses will be surrendered to the Department no later than 5:00 p.m. on
September 7, 2000.
2. Respondents also agree not to operate or allow the operation of Class III machines at the physical location of the area doing
business as the "Anne Dee's" located at 1350 Sand Bar Ferry Road, Beech Island, South Carolina, for a six month period beginning
July 1, 2000. Respondents also agree to remit to the Department a monetary fine of $1,000.00 no later than 5:00 p.m. on September
7, 2000.
3. In consideration of the above, and based on the facts of this case, 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 require a hearing on this matter, I also Order this matter Dismissed with
Prejudice.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
September 6, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:
Eric Bland
Attorney for Respondents |
