ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondents for a violation of the Video Game Machines Act [S.C. Code
Ann. Section 12-21-2804(A) (Supp. 1997)]. On July 1, 1997, Respondents were cited for having
more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997)
(referred to as "Class III" machines and 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. 1997). A Department Determination
was issued sustaining the imposition of the violation. The determination sought revocation of
Respondent Executive Enterprises, Inc.'s fifteen Class III machine licenses, that no licenses will be
allowed for use in the location for a period of six months from the date of revocation and a $5,000.00
monetary penalty against each Respondent.
At the time scheduled for a hearing on this matter, the parties stipulated to the following
consent order.
The agreement between the parties is as follows:
1. Respondents admit that on July 1, 1997, they violated the provisions of
Section 12-21-2804(A) and Regs. 117-190, by failing to have an employee on the premises of the
"Palace," "Park Place," and "Showboat," located at 834 Inlet Square Dr., Murrells Inlet, South
Carolina. Each of these areas contained five Class III video poker machines and licenses. Executive
Enterprises Inc., agrees to the revocation of the fifteen Class III licenses in use at these areas. These
license nos. are 3806375, 3806374, 3806373, 3812471, 3812469, 3929710, 3929711, 3929712,
3929713, 3929714, 3812473, 3808383, 3808374, 3808382 and 3808381. Respondents further agree
to surrender these licenses to the Department, no later than 5:00 p.m. on May 15, 1998.
2. Respondents further agree not to operate or allow the operation of any Class
III machines at the physical location of the rooms, at the time of the violation, doing business as the
Place, Park Place, and Showboat, located at 834 Inlet Square Drive, Murrells Inlet, South Carolina,
as depicted on the attached diagram as the shaded areas, for a period of six months from May 15,
1998. Respondents further agree to remit to the Department the $10,000.00 monetary penalty
($5,000 as to each Respondent) no later than May 15, 1998.
3. The Department accepts the terms set forth above in satisfaction of this
violation.
4. All parties understand and agree that the terms as set forth above constitute
the full and final resolution of this matter.
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
June 1, 1998
Columbia, South Carolina
WE SO CONSENT:
BY:
Carol I. McMahan, Counsel for
Regulatory Litigation
Attorney for Petitioner
BY:
Debra Chapman
Attorney 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. |
