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 March 13, 1999. The Regulatory violation and assessment report
issued by the Department sought the imposition of $20,000.00 in fines, the revocation of 10 Class III machine licenses and to prohibit
the use of machines on the premises for six months. A Final Agency Determination issued by the Department on August 3, 2000,
sustained the fines and the revocations.
This matter was transmitted to the Administrative Law Judge Division on August 29, 2000, and scheduled for a contested case
hearing on November 30, 2000. 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 March
13, 2000, at a multi-room video poker casino doing business under the name "Wishbones" located at 346 Broad Street in Sumter,
South Carolina.
2. The Respondents Coastal Coin, Inc., Mid-South, Inc., and Video Gaming Consultants, Inc., agree to remove all Class III video
game machines from the rooms doing business as "Wishbones" and to refrain from operating any such machines on the premises of
these rooms for a period of six months commencing on October 1, 2000.
3. The Respondents Coastal Coin, Inc., Mid-South, Inc., and Video Gaming Consultants, Inc., further agree to pay a fine in the
amount 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. In consideration for the above-stated agreement and payment, the Department agrees to waive the remaining monetary fines and
penalties sought against Coastal Coin, Inc., Mid-South, Inc., and Video Gaming Consultants, Inc., in this action.
5. 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 Respondent
S.C. Department of Revenue Post Office Box 14520
Post Office Box 125 Surfside Beach, S.C. 29587
Columbia, S.C. 29214 (843)238-3442
(803)898-5172 Attorney for Coastal Coin, Inc., Mid-South, Inc., and Video Gaming Consultants, Inc.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
October 5, 2000
Columbia, South Carolina |
