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 |