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. Section 12-21-2804(A) (Supp. 1996] which occurred on January 9, 1997. On
May 29, 1997, 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 Regs. 117-190
(Supp. 1996). A Department Determination was issued sustaining the imposition of the
violation. The determination sought revocation of Respondent Sammy J. Coley's seven (7) and
Respondent Diversified Enterprises, Inc. of Fort Mill's two (2) 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 against each Respondent.
A hearing on the matter was scheduled for September 25, 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. As the nine Class III licenses located at Route 2, Box 98 Chester Highway,
Winnsboro, South Carolina on January 9, 1997, have expired, the Department no longer seeks
their surrender.
2. Sammy J. Coley, the current retailer at Route 2, Box 98 Chester Highway,
Winnsboro, South Carolina, agrees not to operate or to allow the operation of Class III machines
in the room doing business as Sammy J. Coley at this location for a period of six months. (This
room is accurately depicted on the attached diagram). This six month suspension is effective
upon the signing of this order.
3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for
this violation as to each of the Respondents set forth herein.
I find the above settlement to be fair and equitable, approve such settlement, and hereby
Order its adoption. This Court maintains 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: __________________________
Richard A. Harpootlian
Attorneys For Respondents
AND IT IS SO ORDERED.
____________________________
Honorable John D. Geathers
Administrative Law Judge
August 12, 1997
Columbia, South Carolina |
