ORDERS:
CONSENT ORDER
This matter was initiated by citations 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 January 22, 1997, Respondents were cited for
having more than five licenses acquired pursuant to S.C. Code Ann. Section 1221-2720(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 Richard Company's ten Class III licenses, that no licenses will be used for the operation
of machines at this location for a period of six (6) months and a monetary penalty in the amount of
$5,000.00 against each Respondent. Respondent Ellico Inc. was also issued a citation for failure to
post penalty signs as required by S.C. Code Ann. 12-21-2802 (Supp. 1996). The Department issued
its Final Determination imposing a monetary penalty in the amount of $600.00, for this violation.
At the time scheduled for hearing on this matter, the parties entered into a consent
agreement resolving the matter. That agreement is incorporated into this Order.
The agreement between the parties is as follows:
1. Due to the violation, Respondent Richards Company agrees to the revocation of
the ten Class III licenses in use on January 22, 1997 at 1970 Ashley River Road, Charleston, South
Carolina. They further agree to surrender Class III license Nose 3801914 and 3801915 no later than
5:00 p.m. on Friday, November 21, 1997. As the remaining eight licenses 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 in the physical location of the rooms, at the time of the violation, doing business as
"Sports" and "SCS" located at 1970 Ashley River Road, Charleston, South Carolina.. (These rooms
are accurately depicted on the attached diagram). This six month suspension begins Friday,
November 21, 1997. Each Respondent further agrees to remit to the Department a monetary fine in
the amount of $500.00 for this violation no later than Friday, November 21, 1997 (total monetary
fines in the amount of $1,000.00).
3. Respondent Ellico Inc., further agrees to remit to the Department a monetary fine
in the amount of $600.00 for the violation of Section 12-21-2802, no later than Friday, November
21, 1997.
4. In consideration of the above, the Department agrees that the revocation of the
licenses and the suspension of licensing as set forth above does not affect the machines to which
those licenses were attached, and those machines may be re-licensed on other premises. The
Department further 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.
AND IT IS SO ORDERED.
Honorable John D. Geathers
Administrative Law Judge
November 19, 1997
Columbia, South Carolina
We Consent:
Carol I. McMahan
Counsel for Regulatory Litigation
Bradley D. Churdar
Attorney for Respondent The Richards Co., Inc.
James H. Harrison
Attorney for Respondent Ellico, Inc. |
