ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Clark & Grainger, Inc.
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"), S.C. Code Ann. Sec. 12-21-2804(B) (Supp. 1996) on January 6, 1997. The citation issued to Respondents on that date was
for a violation of that provision of the Act prohibiting the advertising of the playing of Class III video
game machines. S.C. Code Ann. Sec. 12-21-2804(B); 27 S.C. Code Regs. Ann. 117-190.2. The
Regulatory Violation and Assessment Report sought the imposition of a $2,000.00 monetary penalty
against the Respondent for this violation. A Final Agency Determination was issued by the
Department sustaining the imposition of the penalty assessed in the violation report.
A hearing was scheduled in this matter before the Court on March 265, 1998. Prior to the
hearing, an agreement was reached between the parties resolving this matter on the following terms
and conditions:
1. The Respondent Clark & Grainger, Inc., d/b/a Inlet BP, agrees to pay a fine of
$500.00 and to make payment of the fine to the Department within fifteen (15) 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 Respondents.
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. 12-4-320(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 W. Clark
Counsel for Regulatory Litigation Pro Se as President of Respondent
P. O. Box 125 Clark & Grainger, Inc.
Columbia, SC 29214 P. O. Box 1884
(803) 737-4426 Murrells Inlet, SC 29576
IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
January 30, 1998
Columbia, South Carolina
NOTE: Consent Order was prepared by Petitioner's attorney, Jeffrey M. Nelson. |
