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 13, 1996, Respondents were cited for having more
than five licenses acquired pursuant to SC. 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 Martha A. Worrell, Michael Rodney Spence, and Midland Gaming Corporation's ten
(10) Class III licenses, that no licensees will be used for the operation of machines at this 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 July 16, 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 follow:
1. Respondents agree not to operate or to allow the operation of Class III machines in
the room doing business as Sports Page Amusement located at 10029 Broad River Road, Irmo, South
Carolina, for a period of six months. (This room is accurately depicted on the attached diagram).
This six month suspension begins upon receipt of this signed 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. As the ten licenses located at 10029 Broad
Rive Rd., Irmo, South Carolina, on June 13, 1997, have expired, the Department no longer seeks
their revocation.
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:_____________________
Dana R. Krajack
Attorney for Respondents
AND IT IS SO ORDERED.
_______________________________
Honorable Ralph King Anderson, III
Administrative Law Judge
July 9, 1997
Columbia, South Carolina |
