South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Cynthia L. Keith and Executive Enterprises, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Cynthia L. Keith and Executive Enterprises, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0776-CC

APPEARANCES:
n/a
 

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.


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