ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondent 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 S.C. 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 Ingram Investments,
Inc.'s eight (8) 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 monetary penalty in the amount of $5,000.00 against each
Respondent.
Prior to the hearing on September 26, 1997, the parties worked out an agreement of this
matter. That agreement is incorporated into this order.
1. Respondent Ingram Investments, Inc. admits they are the owner of Class III license
Nos. 3800043, 3800042, 3800041, 3800047, 026374, 026373, 026356, and 026357 maintained for the
operation of video poker machines at Hwy 17A, Hardeeville, South Carolina, in the locations known
as Cherry Fruit Stand and Blackjack Video, on June 13, 1996.
2. They further admit that the locations known as Cherry Fruit Stand and Blackjack
Video located at Hwy 17A, Hardeeville, South Carolina, were open for business on June 13, 1996.
Also, Ingram Investments, Inc. admits that the location did not meet the requirements of
Section 12-21-2804(A) and Regs. 117-190 on June 13, 1996.
3. Respondent Ingram Investments, Inc. admits the violation and submits to
revocation of the eight (8) licenses noted above.
4. Respondent agrees not to operate, and to prohibit the use of Class III licenses and
machines at the locations Cherry Fruit Stand and Blackjack Video, located at Hwy 17A, Hardeeville,
Williston, South Carolina, for a period of six months. This six month suspension is effective within
ten (10) days of my signing this order. (Cherry Fruit Stand and Blackjack Video are accurately
depicted on the attached diagram.)
5. That Respondent agrees to surrender to the Department Class III license Nos.
3800043, 3800042, 3800041, and 3800047 within ten (10) days of my signing this order.
6. In consideration of the above, the Department waives the remaining monetary
penalty in satisfaction of Ingram Investment, Inc.'s liability as to this violation.
7. As Class III license Nos. 026374, 026373, 026356, and 026357, located at
Hwy 17A, Hardeeville, South Carolina on June 13, 1996, have expired, the Department no longer
seeks their surrender.
I find the above settlement to be fair and equitable to all parties, approve such
settlement, and hereby order its adoption. This 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.
WE SO MOVE:
By: ____________________________
Carol I. McMahan
Counsel for Regulatory Litigation
Attorney for Petitioner
WE SO CONSENT:
By: ____________________________
Donald B. Clark
Attorney for Respondent
AND IT IS SO ORDERED.
______________________________
Honorable Stephen P. Bates
Administrative Law Judge
October 16, 1997
Columbia, South Carolina
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NOTE: PLEASE SEE FILE FOR ATTACHED DIAGRAMS WHICH ARE PART OF THIS
ORDER (THREE PAGES OF ATTACHMENTS) |