ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
(herein after "Department") against the 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 (5) licenses acquired pursuant to S. C. Code Ann. § 12-21-2720(A)(3) (Supp.1996)
(hereinafter "Class III Licenses") at a single placed or premises, in violation of §12-21-2804(A) and
27 S.C. Code Regs. 117-190 (Supp.1996). The Respondents made written protest of the citation and
the Department issued a Final Determination and Amendment to Violation on January 17, 1997,
sustaining the imposition of the violation. The determination sought revocation of Respondent
Capital Amusements, Inc.'s fifteen (15) Class III Licenses, that no licenses be used at the location
for a period of six (6) months and a monetary penalty in the amount of Five Thousand and no/100
($5,000.00) Dollars against each Respondent.
The parties have reached an agreement to resolve the matter and have incorporated said
agreement into this Order.
The agreement between the parties is as follows:
1. Capital Amusements, Inc. will surrender the fifteen (15) licenses listed in the Final
Determination dated January 17, 1997, to the Department within ten (10) days of the entry of this
Order.
2. Respondents agree not to operate or to allow the operation of Class III machines in
the rooms doing business as Black Jack, Wild Jack and Room 3, said rooms being shown on the
diagram attached hereto and incorporated into his Order as Exhibit A for a period of six (6) months.
The six (6) month suspension shall be effective upon the signing of this Order.
3. In consideration of the above, and pursuant to S. C. Code Ann. § 12-4-320(3) (Supp.
1996), the Department agrees to waive the Five Thousand and no/100 ($5,000.00) Dollar monetary
penalty sought for this violation as to each of the Respondent set forth herein.
4. The parties agree that this is a settlement of a contested matter and is not an admission
of wrongdoing by the licensees, pursuant to § 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 that this matter
be Dismissed with Prejudice.
AND IT IS SO ORDERED.
_________________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
July 22, 1997
WE SO MOVE:
___________________________
Nicholas P. Sipe
Chief Counsel Regulatory Litigation
Attorney for the Petitioner
WE CONSENT:
___________________________
W. Joseph Moore, Jr.
Attorney for the Respondents |