ORDERS:
CONSENT ORDER
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 as Class III licenses) at a single place or premises, in
violation of Section 12-21-2804(A) and 27 S.C. Code Regs. 117-190 (Supp. 1996). A
Department Determination was issued sustaining the imposition of the violation. The
determination sought revocation of Respondent American Amusement's ten (10) 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 monetary penalty in the amount of $5,000.00 against Respondent
American Amusement Company.
Prior to the hearing on August 12, 1997, the parties worked out an agreement of this
matter. That agreement is incorporated into this order.
1. Respondent American Amusement admits they are the owner of Class III license
Nos. 043690, 043687, 043689, 043688, 043686, 025289, 025291, 025290, 025288, and 025287
maintained for the operation of video poker machines at 811 Church Street, Williston, South
Carolina, in the locations known as Little Vegas and Church Street Station, on June 7, 1996.
2. They further admit that the locations known as Little Vegas and Church Street
Station at 811 Church Street, Williston, South Carolina, were open for business on June 7, 1996.
Also, American Amusement Co. admits that the location did not meet the requirements of
Section 12-21-2804(A) and Regs. 117-190 on June 7, 1996.
3. Respondent American Amusement Co. admits the violation and submits to
revocation of the ten (10) licenses noted above and to a monetary penalty in the amount of
$500.00.
4. That Respondent John O. Huggins, owner of the location at issue, agrees not to
operate, and to prohibit the use of Class III licenses and machines at the location Little Vegas,
located at 811 Church Street, Williston, South Carolina, for a period of six months. This six
month suspension is effective upon my signing of this order. (Little Vegas is accurately depicted
on the attached diagram.)
5. In consideration of the above, the Department waives the remaining monetary
penalty in satisfaction of American Amusement Co.'s liability as to the violation.
6. That as the ten licenses located at 811 Church Street, Williston, South Carolina on
June 7, 1996, have expired, the Department no longer seeks their surrender.
7. That American Amusement Company no longer does business at this location and
agrees not to operate any Class III machines at this location for a period of six months.
I find the above settlement to be fair and equitable to all parties, approve such settlement,
and hereby order its adoption. This Court retains continuing jurisdiction to enforce this order.
As the parties no longer require a hearing on this matter I also order this matter dismissed with
prejudice.
WE SO MOVE:
By: ________________________________
Carol I. McMahan
Counsel For Regulatory Litigation
Attorney For Petitioner
WE SO CONSENT:
By: ________________________________
Zoe Sanders Nettles
Attorney For Respondent, American Amusement Co.
WE SO CONSENT:
By: ________________________________
John O. Huggins
AND IT IS SO ORDERED.
___________________________
Honorable John D. Geathers
Administrative Law Judge
August 7, 1997
Columbia, South Carolina |
