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)]. On December 3, 1996, Respondents
were cited for operating more than five machines licensed pursuant to S.C. Code Ann. Section
12-21-2720 (A)(3)(Supp. 1996)(commonly referred to as "Class III machines and licenses"),
in 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 thirty-nine Class III
licenses, that no Class III licenses will be allowed for use in the location for a period of six
months and a $5,000.00 monetary penalty as to each Respondent (total monetary penalties of
$30,000.00).
Prior to the hearing, the parties entered into an agreement resolving the matter. That
agreement is incorporated in this Order.
The agreement between the parties is as follows:
1. Respondents admit that on December 3, 1996, at the time of the South Carolina
Law Enforcement agent's inspection at 1429 Savannah Highway, Charleston, South Carolina,
there were no employees on the premises of the areas doing business as "Rainbow Racing
Adventures" (Room #0), "Golden Nugget Saloon" (Room #5), "Goldmine Pizzeria" (Room
#6). These areas were operated with retail license numbers 010-568290, 010-588893, and
010-585501, respectively.
2. Respondents further agree to the revocation of Class III license numbers
3807662, 039402, 028822, 028823, 3807661, 028821, 028816, 028814, 028817, 028815,
039827, 039828, 039826, and 039398. As these licenses have expired during the pendency
of this appeal, the Department does not require their surrender.
3. Respondents further agree not to operate or allow the operation of any Class
III licenses or machines at the physical location of the three areas noted in No. "1" above for
a period of six months from October 19, 1998 (these areas are identified as areas "0,", "5," and
"6" on the attached diagram).
4. Respondents further agree to remit to the Department a monetary fine in the
amount of $1,500.00 ($500.00 for each area in violation), no later than 5:00 p.m., on October
19, 1998.
5. In consideration of the above, the Department agrees to waive the remaining
penalties sought for this violation as to each Respondent.
I find this agreement to be fair and equitable, approve such agreement, and hereby
Order its adoption. This Court retains continuing jurisdiction to enforce this Order. As the
Respondents no longer require a hearing on this matter, I also order this matter Dismissed with
Prejudice.
AND IT IS SO ORDERED.
_______________________________
Ralph King Anderson, III
Administrative Law Judge
October 27, 1998
Columbia, South Carolina
WE SO CONSENT:
By:_____________________
Carol I. McMahan
Attorney for Petitioner
By: ______________________
Richard A. Harpootlian
Attorney for Respondents James R. McDonald,
d/b/a McDonald's Amusements, Inc. and David Brooks
By:______________________
Thomas E. Dudley, III
Attorney for Respondents Gold Nugget Saloon, Inc.
Quinn Marinacci, Rainbow Inn & Deli, Inc., and Rainbow
Holdings, Inc. |