SC Administrative Law Court Decisions

This matter came before the Court from an appeal of the Respondent D & H Inc. of seven citations issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for violations of S.C. Code Ann. Sec. 12-21-2804(A) and 23 S.C. Code of Regs. 117-190. The citations issued to the Respondent were for seven separate violations of the single place or premises requirement contained in Section 12-21-2804(A) of the South Carolina Video Gaming Act. The Regulatory violation and assessment report issued by the Department sought the imposition of a $5,000.00 fine for each violation against the retail licensee. The Respondent subsequently appealed the citation to the Department. A Final Agency Determination was issued by the Department on April 27, 2000 which sustained a fine of $45,000 and sought the revocation of 45 Class III licenses.

This matter was set for a contested case hearing before the Administrative Law Judge Division on January 16, 2001. Prior to the hearing, the parties reached an agreement of compromise based on the following terms and conditions:

• The Respondent D & H admits to nine violations of the single place or premises requirement contained in Section 12-21-2804(A) on April 27, 2000 in the nine gamerooms (doing business as Lucky's A-C and Lucky's E-J) containing Class III machines bearing the license numbers 3007861-30007865, 3007879, 30007880, 3007858-3007860, 3007886-3007890, 3007906-3007909, 3021202, 3007881, 3007882, 3007875, 3007874, 3007885, 3157981-3157985, 3157986-3157989, 3157980, 3007749, 3007878, 3157976, 3157979, 3021206-3021210.
• The Respondent D & H agrees to pay a fine in the amount of $7,000.00 for these nine violations.
• In exchange for the Respondent's admission and agreement to pay a fine of $7,000.00, the Petitioner Department agrees to waive the remaining amount of the fines sought in this action.
• The parties agree and understand that this agreement is entered into by the Department under the authority granted to it under the S.C. Code Ann. Section 12-4-320(3).

Having reviewed the terms of this agreement between the parties as set forth herein, and finding it to be a fair and equitable settlement of this matter, I hereby ORDER its adoption and dismiss the Petitioner in this matter with prejudice.

Jeffrey M. Nelson, Esq. Robert G. Rikard, Esq.

Counsel for Regulatory Litigation Richard A. Harpootlian, P. A.

S.C. Department of Revenue Attorney for D & H Inc.

P. O. Box 125 P. O. Box 1090

Columbia, SC 29214 Columbia, SC 29202

(803) 898-5172 (803) 252-4848

IT IS SO ORDERED.

RAY N. STEVENS

Administrative Law Judge

January 23, 2001

Columbia, South Carolina

RAY N. STEVENS

Administrative Law Judge

Edgar A. Brown Building

1205 Pendleton Street

Columbia, South Carolina 29201