ORDERS:
CONSENT ORDER
This matter was initiated by a citation 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 16, 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 Ann. Regs. 117-190 (Supp. 1996). A Department Determination was
issued sustaining the imposition of the violation based on Respondent' s failure to have an employee
on the premises as required by Regs. 117-190. The determination sought revocation of Respondent
Dixie Food Marta's five Class III licenses, that no licenses will be used for the operation of machines
at this location for a period of six months and a monetary penalty in the amount of $5,000.00 against
each Respondent.
Prior to a 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 Dixie Food Mart, Inc., agrees to the revocation of
the five Class III licenses in use on January 16, 1997, at Route 1, Box 801J, Great Falls, South
Carolina, in the room doing business as "Lamars." As these licenses have expired during the
pendency of this appeal, 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 room, at the time of the violation, doing business as
"Lamars" located at Route 1, Box 801J, Great Falls, South Carolina, for a period of six months (this
room is accurately depicted on the attached diagrams). This six months suspension begins ten days
from the signing of this Order.
3. Respondents further agree to remit to the Department a monetary fine in the amount
of $500.00 for this violation. This payment will be remitted to the Department no later than 5:00
p.m., ten days from the signing of this Order.
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.
RAY N. STEVENS
Administrative Law Judge
January 23, 1998
Columbia, South Carolina
We Consent:
Carol I. McMahan
Counsel for Regulatory Litigation
Attorney for Petitioner
Francis L. Bell, Jr.
Attorney for Respondents
NOTE: Consent Order prepared by Petitioner's Attorney, Carol I. McMahan. Please see file for
Attachment of Diagrams. |
