ORDERS:
CONSENT ORDER
STATEMENT OF THE CASE
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondents for violation of the Video Game Machines Act
[S.C. Code Ann. Section 12-21-2804(A) (Supp. 1996)]. On June 7, 1996, Respondents were
cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3)(Supp. 1996) (referred to a Class III licenses) at a single place or premises, in violation
of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1996). A Department
Determination was issued sustaining the imposition of the violation. The determination sought
revocation of Respondent Baird and Cavalcante, Inc.'s eight (8) Class III licenses, that no licenses
will be used for the operation of machines at that location for a period of six (6) months and a
total monetary penalty in the amount of $5,000.00 against Respondents.
A hearing on this matter was scheduled by the Administrative Law Judge Division for
April 9, 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 Baird and Cavalcante, Inc., agrees to the revocation of and to
surrender the following eight (8) Class III machine licenses that were on the premises of the
Room Royal Video Games and Room 2 (No retail license) located at 208 Rosemary Street,
Williston, South Carolina, to the Department no later than ten days following the entry of this
Order:
Royal Video Games Room 2, (No Retail License)
025535 025503
025536 025502
025537 025501
025504 025500
2. Respondents further agree not to operate or to allow the operation of the
machines at the rooms cited above, for a period of six months. This six month suspension also
begins no later than ten days following the entry of this Order.
3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for
this violation as to the Respondents set forth herein. The Department further agrees that the
revocation of the licenses cited above does not affect the machines to which those licenses are
attached, and those machines may be re-licensed on another premises.
4. The parties agree that this is a settlement of a contested matter and is not an
admission of wrongdoing by the licensees.
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: _________________________
James M. Griffin
Attorney for Respondents
AND IT IS SO ORDERED.
___________________________________
Honorable Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
March 31, 1997 |
