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. § 12-21-2804(A) (Supp. 1996)]. On June 13, 1996, Respondents were cited for
having more than five licenses acquired pursuant to S.C. Code Ann. § 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 Chases's and Sutherlin'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 monetary penalty in
the amount of $5,000.00 against each Respondent.
A hearing on the matter was scheduled for July 8, 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. Respondents agree not to operate or to allow the operation of Class III machines
in the rooms doing business as French Riviera and Nevada located at 2907 Highway 17 North,
Atlantic Beach, South Carolina, for a period of six months. (These rooms are accurately depicted
on the attached diagram). This six month suspension begins no later than 5:00 p.m. on
Wednesday, May 21, 1997.
2. In consideration of the above, and pursuant to S.C. Code Ann. § 12-4-320(3)
(Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for this
violation as to each of the Respondents set forth herein. As the ten licenses located at 2907
Highway 17 North, Atlantic Beach, South Carolina on June 13, 1997, have expired, the
Department no longer seeks their revocation.
3. 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 MOVE:
By: _______________________________
Carol I. McMahan
Counsel For Regulatory Litigation
Attorney For Petitioner
WE SO CONSENT:
By:________________________________
Richard A. Harpootlian
Attorney For Respondents
AND IT IS SO ORDERED.
___________________________
JOHN D. GEATHERS
Administrative Law Judge
June 2, 1997
Columbia, South Carolina |
