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 November 22, 1996, 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 Respondents' failure to have a separate employee
on each premises as required by Regs. 117-190. The determination sought revocation of Respondent
James V. Poore's ten and Jamey Kennedy's three, 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. For the violation of Section 12-21-2804(A) and Regs. 117-190, failure to have an
employee on each premises during business hours, Respondents James V. Poore and Jamey Kennedy
agree to the revocation of the thirteen Class III licenses in use at J.V. Amusement & Service, J. V.
Amusements and Big Screen Video, located at 1415 Hwy 17 S., N. Myrtle Beach, South Carolina,
on November 22, 1996. As all thirteen of these licenses have expired, 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 rooms, at the time of the violation, doing business as J. V.
Amusement & Service, J. V. Amusements and Big Screen Video, 1415 Hwy 17 S., N. Myrtle Beach,
South Carolina, for a period of six months (these rooms are accurately depicted on the attached
diagram). This six month suspension begins March 15, 1998.
3. Respondents further agree to remit to the Department a monetary fine in the amount
of $500.00 for each of the three rooms in violation. This payment will be remitted to the Department
no later than 5:00 p.m. on March 15, 1998.
4. In consideration of the above, the Department agrees that the revocation of the
licenses 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
February 24th, 1998
Columbia, South Carolina
We Consent:
Carol I. McMahan
Counsel for Regulatory Litigation
James V. Poore
James Kennedy
NOTE: Consent Order prepared by Petitioner's attorney, Carol I. McMahan. Also, please
note that diagram referred to in Paragraph No. 2 is attached to original Order in file. |
