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 May 20, 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) 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 American Amusement Co., Inc.'s fourteen Class III machine licenses, that no licenses
will be allowed for use in the location for a period of six months and a $5,000.00 monetary penalty
against each Respondent.
Prior to the hearing, the parties worked out an agreement resolving the matter. That
agreement is incorporated into this Order.
The agreement between the parties is as follows:
1. Respondents admit that there were no employees on the premises of each of
the three video gaming rooms at the time of the agent's inspection. Respondents Stephen Lipscomb
and American Amusement Co., Inc., further agree to the revocation of Class III machine license
numbers 3815432, 3815433, 3815434, 3815435, 3815436, 032672, 032688, 033867, 033868, and
3814676. Respondents further agree to surrender these licenses (with the exception of Nos. 032672,
032688, 033867, and 033868, which have expired during the pendency of this appeal), to the
Department no later than 5:00 p.m. on April 15, 1998.
2. Respondents further agree not to operate or allow the operation of any Class
III machines at the location 4725 Augusta Road, Greenville, South Carolina, for a period of six
months from April 15, 1998.
3. In consideration of the above, the Department agrees to waive the remaining
monetary penalties sought for this violation as to each Respondent.
I find the above settlement to be fair and equitable, approve such settlement,
and hereby Order its adoption. As the parties no longer require a hearing on this matter I also Order
this matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
_____________________________________
Honorable Marvin F. Kittrell
Chief Administrative Law Judge
April 8, 1998
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan, Counsel for
Regulatory Litigation
Attorney for Petitioner
By:
Zoe Sanders Nettles, Attorney for all Respondents |