South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Flamingo Video of Broad River Road, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Flamingo Video of Broad River Road and Ernest Jack Tatum, III
 
DOCKET NUMBER:
95-ALJ-17-0171-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

Upon motion of the Respondents, by and with the consent of the Petitioner, it appearing unto this division that the agreement set forth below is a fair and reasonable settlement of the dispute between the parties, it is ordered that this case be and it hereby is dismissed upon the following terms:

1. The Respondents have renovated the premises to be in compliance with the new regulation promulgated by the Department of Revenue (SC Reg. 117-190);

2. The Respondents have met with DOR representatives who have inspected the premises and found that the renovations are in compliance with the new regulation;

3. The Respondents will pay by certified check, or as otherwise agreed to between the parties, the sum of $16,000.00 to the Department of Revenue no later than August 31, 1995;

4. For this particular violation, the Department of Revenue will not revoke any of the machine licenses granted to the Respondents or any one of them;

5. The Respondents acknowledge and agree that their failure, as determined by the Department of Revenue, to comply with all of the terms of this agreement or to continue to comply with all of the terms of the statutes and regulations governing the operation of video gaming machines licensed under S.C. Code § 12-21-2720 (A)(3) will result in the reinstitution of these proceedings before this Division at which the Department of Revenue may seek the revocation of all business licenses, machine licenses, and the prohibition of operating any video gaming machines at the location for a period of six months ' that any hearing sought before the Division with regard to these matters will be conducted as expeditiously as the schedule of the Division allows and that all notice periods otherwise applicable to contested cases are waived.



______________________________

Judge Stephen P. Bates

Administrative Law Judge

______________________, 1995

Columbia, South Carolina

WE SO MOVE:

___________________________

Gerald M. Finkel , Esq.

Attorney for Respondent

P.O. Box 1799

Columbia, SC 29202

(803) 765-2935

FAX (803) 252-0786

WE CONSENT:



_____________________________

William L. Todd, Couns

for Regulatory Litigation

Office of General Counsel

S.C. Department of Revenue

P.O. Box 125

Columbia, SC 29214

(803) 737-0238

FAX (803) 737-9881


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