ORDERS:
SETTLEMENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondent Brantley's Amusement, ("Brantley") for violation
of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A)(Supp.1995)]. On
June 17, 1996, Respondent Brantley was cited for having more than five Class III machine
licenses at a single place or premises, in violation of S.C. Code of Laws Ann. Section
12-21-2804(A)(Supp.1995) and S.C. Code Ann. Regs. 117-190 (Supp.1995). A Department
Determination was issued on November 19, 1996, sustaining the imposition of the violation.
The determination sought revocation of Respondent Brantley's nine Class III machine licenses,
that no licenses will be issued for use in that location for a period of six (6) months and a
$5,000.00 monetary penalty.
A hearing by the Administrative Law Judge Division was scheduled for February 12, 1997. Prior
to the hearing, the parties worked out an agreement resolving the matter. That agreement is
incorporated into this Order.
The agreement between the parties is as follows:
1. Respondent Brantley agrees to surrender the following Class III machine licenses to the
Department no later than 5:00 pm on February 12, 1997: Nos. 025015, 025013, 025011, 025012,
025014, 025094, 025093, 025085, 025362.
2. Respondents further agree to submit to a six month suspension of licensing for Class III
machines at the two areas known as Trader Jacks Video Poker Parlor, Retail License No.
00604583-5 and Trader Jacks Video Poker Parlor, Retail Licenses No. 0060407-7 located at
1112-1/2 Dunbarton Rd., Barnwell, South Carolina. This suspension also begins February 12,
1997.
3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3)
(Supp.1995), Petitioner agrees to waive the $5,000.00 monetary penalty sought for this violation.
I find the above settlement to be fair and equitable, approve such settlement and hereby Order its
adoption. As the parties no longer require a hearing on this matter I also Order this matter
Dismissed with prejudice.
WE SO CONSENT:
By:________________________
Carol I. McMahan, Counsel for
Regulatory Litigation
Attorney for Petitioner
By:__________________________
Kenneth E. Allen
Attorney for Respondent
By:__________________________
Michael Pirtle
d/b/a Trader Jack's Video Poker Parlor
AND IT IS SO ORDERED.
______________________________
Honorable Ralph King Anderson, III
February 11, 1997
Columbia, South Carolina |
