ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondents for a violation of the Video Game Machines Act, S.C. Code
Ann. § 12-21-2804(A) (Supp. 1997). On June 13, 1996, Respondents were cited for having more
than five licenses acquired pursuant to S.C. Code Ann. § 12-21-2720(A)(3)(Supp.1997) (referred
to as "Class III" machines) at a single place or premise, in violation of § 12-21-2804(A) and 27 S.C.
Code Ann. Regs. 117-190(Supp. 1997) at 1618 Charleston Highway, West Columbia, S.C. A
Department determination was issued sustaining the imposition of the violation. The determination
sought revocation of ten Class III machine licenses, that no licenses will be allowed for use in the
location for a period of six (6) months from the date of revocation and a $5,000.00 monetary penalty
against each Respondent.
Prior to the hearing on this matter scheduled for September 4, 1998, 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. Respondents agree to pay a fine in the amount of $4,000 within 10 days from the entry of this Order.
2. All licenses that the Department seeks to revoke expired during the appeal of this violation;
3. Respondents are no longer operating any video game machines at the
subject location as the businesses are now closed and will remain
closed for at least six months from the date of this Order;
4. The Department agrees to waive the remaining monetary penalties
sought for this violation as to each Respondent.
I find the above settlement to be fair and equitable, approve such settlement, and hereby
ORDER its adoption. The Court retains continuing jurisdiction to enforce this Order. As the parties
no longer require a hearing on this matter, I also Order this matter dismissed with prejudice.
IT IS SO ORDERED.
________________________________
Ralph King Anderson, III
Administrative Law Judge
September 3, 1998
Columbia, South Carolina
WE SO CONSENT:
___________________________
Jeff Nelson
Attorney for Petitioner
__________________________
James M. Griffin
Attorney for Respondent Hugh Andrews
__________________________
S. Jahue Moore
Attorney for Respondents New Wave Enterprises
and Slots of Fun, Inc. |
