South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. George Okun

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
George Okun
 
DOCKET NUMBER:
97-ALJ-17-0657-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent George Okun of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for a violation of the Video Games Machines Act ("Act") on October 23, 1996. The citation issued to Respondent on that date was for a violation of that provision of the Act prohibiting the advertising or offering of special inducements to a person for the playing of Class III video game machines under Section 12-21-2804(B)(Supp.1997) and Regulation 117-190. The Regulatory Violation and Assessment Report sought the imposition of six $2,000.00 penalties against the Respondent for this violation, one per each of the six rooms, or "premises" at the business location, for fines totaling $12,000.00. A final Agency Determination was issued by the Department sustaining the imposition of the penalties assessed in the violation report.

A hearing was scheduled in this matter before the Court on February 10, 1998. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent George Okun agrees to pay a fine of $3,000.00 and make payment of the fine to the Department within 30 days of the date of this Order.

2. 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 Respondent.

3. The parties further agree and understand that this is a compromise and settlement of a contested penalty and is entered by the Department under the authority provided it in S. C. Code Ann. 1204-320(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 James H. Harrision

Counsel for Regulatory Litigation ATTORNEY FOR RESPONMDENT

PO Box 125 1819 Hampton Street

Columbia,SC 29214 Columbia, SC 29201

(803) 898-5172 (803) 256-0049

IT IS SO ORDERED





____________________________-

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

Februry 17, 1998


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