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 8, 2000. The Regulatory violation and assessment report issued by
the Department sought the imposition of $5,000.00 in fines, the revocation of 5 Class III machine licenses and the closure of the room
found to be in violation for a period of six months. A Final Agency Determination issued by the Department on July 14, 2000
sustained the fine.
This matter was transmitted to the Administrative Law Judge Division to for a contested case hearing. Prior to a hearing being
scheduled in this matter, the parties informed the court that they had 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 8, 2000.
2. The Respondent Robert B. Stall agrees to refrain from operating any Class III video game machines on the premises of "Shamrocks
I" for a period of six months commencing on August 1, 2000.
3. The Respondent Stall further agrees to pay a fine in the amount of $1,000.00. Payment of the fine in this amount was recieved by
the Department of Revenue on or about August 2, 2000.
4. As to the Respondent Angela M. Crider, the five (5) Class III licenses at issue in this matter all expired on May 31, 2000 and their
revocation is therefore considered moot for the purposes of this agreement. Further, on the basis of the South Carolina Supreme
Court's Order in the matter of S.C. Dept. of Revenue v. Collins Entertainment Corp. (Op.No. 25110, Apr. 17, 2000) and the lack of
any evidence that Angela M. Crider d/b/a ABM Vending was directly involved in the business operation of Shamrocks I, the
Department hereby waives any monetary fines previously sought against her.
5. 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.
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 John G. O'Day
Counsel for Regulatory Litigation Attorney for the Respondents
S.C. Department of Revenue Post Office Box 4025
P.O. Box 125 West Columbia, S.C. 29171
Columbia, SC 29214 (803) 794-7727
(803) 898-5172
IT IS SO ORDERED
_________________________
Ralph K. Anderson, III
Administrative Law Judge
August 16, 2000
Columbia, SC |
