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 Gateway Enterprises, Inc., Coastal Coin, Inc., and James K. Police
(both individually and doing business as "River City Amusements" and "JP's") 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 21, 2000. The Regulatory violation and
assessment report issued by the Department sought the imposition of $10,000 in fines, the revocation of 10 Class III machine licenses,
and the closure of the two rooms found to be in violation (doing business as "JP's" and "River City Amusement") for a period of six
months. A Final Agency Determination issued by the Department on July 26, 2000, sustained the fines and penalties.
This matter was transmitted to the Administrative Law Judge Division 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. The Respondents admit to a violation of the single place or premise requirement contained in Section 12-21-2804(A) on or about
January 21, 2000.
2. The Respondents have removed all Class III video game machines from the rooms doing business as River City Amusements and
JP's. Respondent Police further agrees, in the event that Class III machines are, subsequent to this Order, deemed to be legal to
operate in the State of South Carolina, to refrain from operation any such machines on the premises of these rooms for a period of six
months commencing on September 1, 2000.
3. The Respondent Police further agrees to pay a fine in the amount of $1,000 for each violation for a total fine of $2,000 and to make
payment of such fine to the Department of Revenue within thirty (30) days of the date of this Order.
4. The Respondents Gateway Enterprises and Coastal Coin agree to the administrative revocation of the nine (9) Class III COD
licenses in use at the above named two locations which expired on May 31, 2000.
5. The Respondent Coastal Coin, Inc. further agrees to either remit COD license number 3162102 (exp. May 31, 2001) or to pay the
present value of said license ($1,328.00) to the Department within thirty (30) days of the date of this Order.
6. 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.
7. 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 H. Buck Cutts
Counsel for Regulatory Litigation Attorney for the Respondents
S.C. Department of Revenue Post Office Box 14520
Post Office Box 125 Surfside Beach, S.C. 29575
Columbia, S.C. 29214 (843) 238-3442
(803) 898-5172
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
October 20, 2000
Columbia, South Carolina |
