ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Rosemary Coin Machines, Inc. ("Rosemary Coin") of
a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the above captioned
Respondents for a violation of the Video Games 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 a violation of that provision of the Act limiting
the licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann. Sec. 12-21-2804(A); 28
S.C. Code Regs. Ann. 117-190. The Regulatory Violation and Assessment Report sought revocation of fifteen (15) Class
III licenses issued to the Respondent Rosemary Coin, that no licenses be issued for the operation of machines at Mulligans
and any other business located at 212 Highway 17 North, North Myrtle Beach, for a period of six (6) months, and the
imposition of $5,000.00 monetary penalties against each of the named Respondents. 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 scheduled in this matter before the Court on September 30, 1997. Prior to the hearing, an agreement was
reached between the parties resolving this matter on the following terms and conditions:
1. The licenses in dispute on the fifteen (15) video game machines situated at 212 Highway 17 North, North Myrtle Beach,
have expired and the issue of their revocation is therefore moot.
2. The Respondents Russell Eddings ("Eddings") and Bob Topping ("Topping"). d/b/a D.K. Games, further agree to pay a
fine of $1500.00;$500.00 for each of the three locations cited and at issue in this matter. Respondents Eddings and
Topping further agree that they are jointly and severally liable for the payment of the aforesaid fine and to make payment to
the Department in the amount of $1,500.00 within thirty (30) days of receiving service of this Order.
3.The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996) to waive the remaining monetary
penalties sought for this violation from the Respondents.
4. Respondents further agree to not place, maintain, or operate any Class III video game machines at 212 Highway North,
North Myrtle Beach, South Carolina, for a period of six (6) months commencing on November 1, 1997. The Department
agrees that from the date of this Order until November 1, 1997 that the Respondents are and shall be allowed to continue to
operate any video game machines currently located at Mulligan's; provided, however, that Respondents otherwise follow
and obey all statutes and regulations pertaining to the licensing and operation of such machines.
5. The parties further agree and understand that this is a compromise and settlement of a contested penalty, is not an
admission of guilt by the Respondents, and is entered by the Department under the authority provided it in S.C. Ann. 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 Zoe Sanders Nettles
Counsel for Regulatory Litigation Attorney for Respondent
P.O. Box 125 Rosemary Coin Machines, Inc.
Columbia, SC 29214 Nelson, Mullins, Riley, & (803) 737-4426 Scarborough
P.O. Box 11070
Columbia, SC 29211
(803) 799-2000
Russell Eddings
Pro Se Respondent
Bob Topping
Pro Se Respondent
IT IS SO ORDERED.
JOHN D. GEATHERS
Administrative Law Judge
Columbia, South Carolina
September 29, 1997 |
