ORDERS:
CONSENT ORDER
This matter was initiated by citations issued by the South Carolina Law Enforcement Division (SLED) against Respondents on
February 8, 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 12-21-2720(A)(3) (Supp. 1999)) at a "single place or premises." Respondents were also charged with "failing to affix owner/operator
identification" in violation of S.C. Code Ann. Section 12-21-2748 (Supp. 1999). The South Carolina Department of Revenue
(Department) issued its Final Department Determination sustaining these violations and imposing monetary fines against each
licensee, revoking Class III machine licenses, and also prohibiting the use of Class III machines at the locations for a period of six
months. Respondents 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 of February 8, 2000, Respondents agree to the revocation of the Class III licenses on the video poker machines
at the locations at the time of the violation. Because these licenses have expired during the pendency of this appeal, the Department
does not require their surrender.
2. Respondents further agree not to operate or allow the operation of Class III machines at the physical location of the areas doing
business as "Caribbean G10" and "Caribbean G11," located at 2272 Cherokee Street, Blacksburg, South Carolina on February 8,
2000 for a period of six months beginning July 1, 2000.
3. Respondents further agree to the payment of a fine in the amount of $2,500.00. Respondents agree that this amount will be
deducted from any refunds requested by them on the unexpired portion of their video poker licenses.
4. In consideration of the above, 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. AND IT IS SO ORDERED.
______________________________
Honorable Ralph King Anderson, III
Administrative Law Judge
October 4, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:______________________________
Zoe Sanders-Nettles
Attorney for Respondents |
