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 7, 1996,
Respondents were cited for having more than five licenses acquired pursuant to S.C. Code
Ann. Section 12-212720(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 Tim's Amusement Co.'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 total monetary penalty in the amount of
$5,000.00 against each Respondent, for total monetary penalties of $10,000.00.
A hearing on this matter was scheduled by the Administrative Law Judge
Division for September 26, 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. Respondent Tim's Amusement Co. agrees to the revocation of and to surrender the
Class III licenses 3803948 and 3803949 within ten days of this Order. As the remaining
Class III licenses at issue have expired, the Department does not require their surrender.
2. Respondents further agree not to operate or to allow the operation of Class III
machines at 1305 Lockhart Hwy, Union, South Carolina, in the Room depicted as
"WRM, Inc." on the attached diagram for a period of six months. Such suspension begins
no later than days from the entry of this Order.
3. In consideration of the above, the Department agrees to waive the monetary
penalty sought for this violation as to each Respondent set forth herein. The Department
further agrees that the revocation of the licenses cited above does not affect the machines
to which those licenses are attached, and those machines may be re-licensed on other
premises.
I find the above settlement to be fair and equitable, approve such settlement, and
hereby Order its adoption. This court retains continuing jurisdiction to enforce the terms
of this Order. As the parties no longer require a hearing on this matter I also Order this
matter Dismissed with Prejudice.
WE SO CONSENT:
By:______________________________
Carol I. McMahan
Counsel for Regulatory Litigation
Attorney for Petitioner
By: ______________________________
James M. Griffin
Attorney for Respondents
AND IT IS SO ORDERED.
__________________________
Honorable Stephen P. Bates
September 30, 1997
Columbia, South Carolina
NOTE: SEE CASE FILE FOR ATTACHMENT TO THIS ORDER |
