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." The South Carolina Department of Revenue
(Department) issued its Final Department Determination sustaining these violations and imposing monetary fines against each
licensee, revoking licenses, and prohibiting the use of licenses for a six month period. 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 on February 8, 2000, Respondents agree to the revocation of the following Class III licenses: 3011546, 3011547,
3011548, 3011549, 3011550, 3011541, 3011565, 3011545, 3011543, 3011544, 3011557, 3011558, 3011559, 3011580, 3012636,
3011552, 3011553, 3011554, 3011555, and 3011813. Because these licenses have expired during the pendency of this appeal, the
Department does not require their surrender.
2. Respondents also agree not to operate or allow the operation of Class III machines at the physical location of the areas doing
business as "Lots of Luck," "Oasis III," "Oasis," and "Palm Island," located at 2976 Hwy 21, Fort Mill, South Carolina, for a six
month period beginning November 15, 2000. Respondents also agree to remit to the Department a monetary fine of $1,000.00 no
later than 5:00 p.m. on November 15, 2000.
3. In consideration of the above, and based on the facts of this case, the Department agrees to waive the remaining penalties sought
for this violation.
4. The parties further agree that this settlement is with prejudice.
I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retain continuing
jurisdiction to enforce this Order.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
November 16, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:
Robert Rikard
Attorney for Respondents |