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 9, 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 impostion of the violation based on Respondents' failure to have a separate employee
on each premises as required by Regs. 117-1909. The determination sought revocation of
Respondent James R. McDonald, Jr.'s five (5) Class III licenses that no licensese 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 partaiese entered into a consent agreement resolving the
matter. That agreement is incorporated into this Order.
The agreement between the partiese 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 busineses hours, Respondents James R. McDonald, Jr. agrees to
the revocation of the five class III licenses in use at Ace in the Hole (License numbers 038630,
038698, 039401, 039413, and 038619), located at the intersection of Highways 214 and 321,
Blackstock, South Carolina, on January 9, 1997. As 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 phycical location of the room, at the time of the violation, doing business as "Ace
in the Hole", located at the intersection of Highways 214 and 321, Blackstock, South Carolina, for
a period of six months (this room is accurately depicted on the attached diagram). This six month
suspension begins March 1, 1998.
3. Respondents further agree to remit to the Department a monetary fine in the amount
of $500.00 for each room in violation, totaling $500.00. This payment will be remitted to the
Department no later than 5:00 p.m. on March 1, 1998.
4. In consideration of the above, the Department agrees that the revocation of the
licenses as set forth above does not afftect 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 Respondet.
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 18, 1998
Columbia, South Carolina
We Consent:
Carol I. McMahan
Counsel for Regulatory Litigation
Richard A. Harpootlian
Robert G. Rikard
Attorneys for Respondents
NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, CAROL I.
MCMAHAN. PLEASE SEE FILE FOR ATTACHMENT OF DIAGRAM AS REFERRED
TO IN PARAGRAPH NO. 2 HEREINABOVE. |
