ORDERS:
CONSENT ORDER OF DISMISSAL
This contested case involves an alleged violation of two (2) statutes regulating the use of
Class III video game machines in South Carolina; (1) §12-21-2720(A)(3), Code of Laws of South
Carolina, 1976 (as amended), which requires each Class III video game machine maintained for use
in this State to have a two (2) year license issued by the South Carolina Department of Revenue; and
(2) Code §12-21-2738, which provides that the required license is to be attached to the machine. The
Petitioner alleges that the Respondent maintained a Class III machine for use with an expired license,
and the Respondent alleges that a license had been applied for and properly procured but had yet to
be affixed to the video game machine in question.
A hearing on the merits of these allegations was scheduled for July 14, 1997. The Court is
informed; however, that the parties have reached an amicable settlement of the dispute as follows:
the Respondent will pay a Five Hundred Dollar ($500.00) civil penalty to the South Carolina
Department of Revenue on Monday, July 14, 1997, in consideration of the Petitioner's dismissal
with prejudice of the contested case within. The parties agree that a license had been procured for
the machine in question but that the Respondent had failed to comply with the technical requirement
to affix the license to the Class III machine.
Given the exigencies and equities of the transaction in issue, the parties have agreed to the
settlement outlined herein as a fair and reasonable disposition of this matter.
Now, with the consent of the parties hereto, through counsel, each of whom expressly certify
that they are authorized to enter into a settlement and bind the parties thereto, it is hereby
ORDERED, that the settlement proposed by the parties is approved by the Court, and the
hearing scheduled for July 14, 1997, is hereby cancelled. This Court retains jurisdiction to enforce
the settlement agreed upon herein upon a petition by either party to enforce the terms thereof.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
July 18, 1997
I CONSENT: I CONSENT:
____________________________ ______________________________
David E. Belding Nicholas P. Sipe
Attorney for Respondent Attorney for Petitioner |
