ORDERS:
CONSENT ORDER
On June 13, 1996, Revenue Officers observed premises at 2115 Highway 501, Myrtle
Beach, South Carolina, containing machines licensed under S.C. Code Ann. § 12-21-2720(A)(3)
(Supp. 1996) that did not have an employee on the premises even though the premises were open
for business. Petitioner cited Respondents Will D. Wheeler and Happy Jack Amusement Co.,
Inc., with administrative violations for violating S.C. Code Ann. § 12-21-2804(A) (Supp. 1996).
Respondents consent to the revocation of the licenses cited below. Respondents agree not to
operate or to allow the operation on the premises of the suites cited below any machine licensed
under S.C. Code Ann. § 12-21-2720(A)(3) (Supp. 1996) for a period of six months from May 1,
1997.
The Respondents consent to the revocation of the following Class III video poker licenses
that were on the premises of 2115 Highway 501, Myrtle Beach, South Carolina, on June 13,
1996:
Room 4: 036379
036378
036377
036381
036380
Respondents further consent to the effective date of revocation of the permits cited above
to be midnight on Wednesday, April 30, 1997, and will deliver these permits to the Department
of Revenue, Myrtle Beach Office, on Thursday, May 1, 1997.
Petitioner agrees not to seek the revocation of other permits in the structure of 2115
Highway 501, Myrtle Beach, South Carolina, and further agrees not to seek a monetary penalty
for this offense. Petitioner and Respondents further agree that this agreement also resolves the
single place or premises violation written at this same location on October 2, 1996. The room
where Respondents are consenting to license revocation and agreeing not to operate video poker
machines for six months, is the same room and the same machines cited on October 2, 1996.
The parties further agree that this consent order does not resolve the dispute between the parties
concerning an alleged failure to post owner identification on video poker machines on October 2,
1996.
I find that the agreement of the parties is a satisfactory resolution of the contested matter
between the parties, is fair and reasonable, and hereby order its adoption.
IT IS SO ORDERED.
_____________________________
JOHN D. GEATHERS
ADMINISTRATIVE LAW JUDGE
May 1, 1997
Columbia, South Carolina
I SO MOVE:
______________________________
Nicholas P. Sipe
Attorney for Petitioner
South Carolina Department of Revenue
Post Office Box 125
Columbia, South Carolina 29214
(803) 737-4440
I CONSENT:
______________________________
Douglas L. Hinds, Esquire
Hinds, Cowan, Strange, Geer & Lumpkin
Post Office Drawer 1410
Georgetown, South Carolina 29442
(803) 527-2441 |
