ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondent for violation of the Video Game Machines Act [S.C. Code Ann.
Section 12-21-2802 (Supp. 1997)]. On January 22, 1997, Respondent was cited for failing to post
penalty signs as required by Section 12-21-2802. A Department Determination was issued
sustaining the imposition of the violation and imposing a $600.00 monetary penalty for this violation
($200.00 for each machine that failed to have a penalty sign).
Prior to a hearing, the parties resolved the matter. Their agreement is incorporated into this
Order.
The agreement between the parties is as follows:
1. Respondent agrees to place the required penalty signs on or above the machines
licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997). Respondent further
agrees to remit to the Department a monetary penalty in the amount of $400.00 ($200.00 for each
failure to have the required penalty signs) no later than 5:00 p.m., on March 27, 1998.
2. In consideration of the above and based on the facts of this case, the Department
agrees to waive the remaining monetary penalties sought for this violation.
I find the above settlement to be fair and equitable, approve such settlement, and hereby
Order its adoption. This 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
Carol I. McMahan
Counsel for Petitioner
James H. Harrison
Attorney for Respondent
March 20, 1998
Columbia, South Carolina
NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, CAROL I.
MCMAHAN. |