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 4, 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 Ann. Regs. 117-190 (Supp. 1996). A
Department Determination was issued sustaining the imposition of the violation. The
determination sought revocation of Respondent Collins Entertainment Corporation'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 each
Respondent.
A hearing on the matter was scheduled for June 19, 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. As the ten licenses located at 1000 N. Pine Street, Spartanburg, South Carolina
on June 4, 1996, have expired, the Department no longer seeks their surrender.
2. Leisure Recreation and Entertainment, Inc., the current retailer at 1000 N. Pine
Street, Spartanburg, South Carolina, agrees not to operate or to allow the operation of Class III
machines in the rooms doing business as Lucky Lady and O'Aces at the location for a period of
six months. (These rooms are accurately depicted on the attached diagram). This six month
suspension is effective upon the signing of this order.
2. 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 each of the Respondents set forth herein.
3. The parties agree that this is a settlement of a contested matter and is not an
admission of wrongdoing by the licensees, pursuant to Section 12-4-320(3).
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:
James H. Harrison
Attorney For Respondents
AND IT IS SO ORDERED.
Honorable Ralph King Anderson, III
Administrative Law Judge
July 3 , 1997
Columbia, South Carolina |
