ORDERS:
ORDER OF SETTLEMENT AND DISMISSAL WITH PREJUDICE
These matters come before me on the citations issued by the Department of Revenue and
Taxation against respondents for violation of the South Carolina Video Game Machines Act,
S.C. Code Ann. § 12-21-2770, et seq. Respondents are cited for having more than eight
machines licensed under the S.C. Code Ann. § 12-21-2720 (Supp. 1994) in a single place or
premise. Hearings were scheduled for August 8, 1995. Prior to the hearings, the parties reached
an agreement resolving this matter, and that agreement is incorporated into this Order.
(1) Michael W. Mims agrees to pay a $5,000.00 fine within 30 days of the date of entry of this
Order.
(2) This settlement is deemed and found to be a compromise of a settled and disputed claim and
is not deemed or found to be in violation of the Video Game Machines Act.
(3) With regard to the violations written at Hair Force of Columbia, Inc. d/b/a Lady Luck Video
Parlor and Kenneth J. King d/b/a Columbia Backgammon Club, the total number of C.O.D.
machines has been reduced to five machines. Any increase in the number of machines will be in
compliance with the requirements of the Video Game Machines Act and regulations.
(4) With regard to the violations written at Lucky 7's and Lucky 7's II, these are two "single
places and premises" for the purposes of the Video Game Machines Act.
Based upon the foregoing consent agreement by the parties, it is ordered that the above
agreement is approved and these cases are dismissed with prejudice.
WE SO CONSENT:
NELSON MULLINS RILEY & SCARBOROUGH, L.L.P.
By:____________________________________
Dwight F. Drake
Carey T. Kilton
1330 Lady Street, Third Floor
Post Office Box 11070
Columbia, SC 29211
(803) 799-2000
Attorneys for Respondents
By:_____________________________________
Nicholas P. Sipe
Chief Counsel for Regulatory Litigation
Attorney for Petitioner South Carolina
Department of Revenue and Taxation
IT IS SO ORDERED.
_____________________________
Judge Stephen P. Bates
Administrative Law Judge
August 11, 1995
Columbia, South Carolina |