ORDERS:
CONSENT ORDER
On July 23, 1998, the Administrative Law Judge Division issued its Order, South Carolina
Department of Revenue vs. Edward L. Brown and Bryan McNalley, Jimmy L. Martin, Great Games,
Inc., Docket No. 97-ALJ-17-0774-CC. In that Order, Respondents were found in violation of S.C.
Code Ann. Section 12-21-2804(A) (Supp. 1997) and 23 S.C. Code Ann. Regs. 117-190 (Supp.
1997). Respondents McNalley and Brown were ordered to pay a monetary penalty of $3,000.00 to
the South Carolina Department of Revenue ("Department"). The Court also ordered that no
machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (commonly
referred to as "Class III" machines and licenses) should be operated at the location for a period of
six months.
On November 18, 1998, the Department filed a Notice and Motion for Contempt of the
Order referenced above alleging Respondents had not paid the fines imposed and that the game
rooms ordered suspended from operation continued to operate and maintain Class III machines.
Prior to a hearing on the Motion, Respondents paid the fines due and agreed to comply with
the six month suspension of licensing. Respondents agree the suspension period actually began on
September 14, 1998, and will end six months after that date.
As Respondents have come into compliance with the Order of this tribunal, I hereby dismiss
the Department's Motion for Contempt as well as the hearing on the Rule to Show Cause. This
Court retains continuing jurisdiction to enforce this Order.
IT IS SO ORDERED.
__________________________
Ralph King Anderson, III
Administrative Law Judge
December 21, 1998
Columbia, South Carolina
We So Consent:
_______________________
Carol I. McMahan
Counsel for Regulatory Litigation
_______________________
C. Tyrone Courtney
Counsel for Respondents |
