ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal by the Respondents of a citation
issued by the South Carolina Department of Revenue for violations of the Video Game Machines
Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(A)(Supp. 1996), on June 13, 1996. The citation
issued to Respondents on that date was for violations of the provisions of the Act limiting the
licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann.
Section
12-21-2804(A); 27 S.C. Code Regs. Ann. 117-190. The Regulatory Violation and Assessment
Report sought revocation of twenty (20) Class III licenses, fifteen (15) issued to Respondent
McDonald Amusements and five (5) to Respondent Oscar Tysinger, that no licenses be issued for
the operation of machines at the Riverboat Games location for a period of six (6) months, and a
monetary penalty in the amount of $5,000 each against Respondents McDonald, Tysinger, and
Martin. A Final Agency Determination was issued by the Department sustaining the imposition
of the fines and penalties assessed in the violation report.
A hearing was schedueled in this matter before the Court on August 25, 1997. Prior to
the hearing, an agreement was reached with all parties resolving this matter on the following
terms and conditions:
1. The licenses on the machines located at the Riverboat Games establishment expired
on, or prior to, May 30, 1997. The issue of license revocation is therefore moot and no longer at
issue.
2. That Jeff Martin and James R. McDonald, Jr., d/b/a McDonald Amusements, agree
not to operate or allow the operation of Class III machines in rooms and or premises doing
business as Riverboat Games B, C, and D located at 92 #5, Hwy. 17 South, North Myrtle Beach,
South Carolina for a period of six (6) months. The aforesaid six (6) month period is effective
upon the signing of this Order.
3. In consideration of the above, the Department agrees to allow the continued operation
of five (5) licensed Class III machines in the room/place operated by Respondent Martin doing
business as Riverboat Games A. The Department further agrees, pursuant to S.C. Code Ann.
Section 12-4-320(3) (Supp. 1996) to waive the monetary penalties sought for this violation from
each of the Respondents in this case.
4. The parties further agree and understand that this is a compromise and settlement of a
contested penalty and is entered by the Department under the authority provided in S.C. Code
Ann. Section 12-4-320(3) to compromise such matters.
Having reviewed this agreement and settlement in compromise, and having questioned
the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption
and dismiss the Petition in this matter with prejudice.
______________________________ __________________________________
Jeffrey M. Nelson, Esq. Richard A. Harpootlian, Esq.
Counsel for Regulatory Litigation Attorney for Respondents James R. McDonald
Attorney for the Petitioner and Jeff Martin
___________________________________
Darrell Thomas Johnson, Jr.
Attorney for Respondent Oscar W. Tysinger, III
IT IS SO ORDERED
__________________________
Stephen P. Bates
Administrative Law Judge
November 10, 1997 |
