South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Roger L. Landingham, d/b/a Video Station

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Roger L. Landingham, d/b/a Video Station
 
DOCKET NUMBER:
98-ALJ-17-0162-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondent for violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(B) (Supp. 1996)]. On October 29, 1997, Respondent was cited for advertising the play of video poker machines in violation of Section 12-21-2804(B) by placing a sign which read "Vegas Games," and "Blackjack poker," in front of his video poker location. A Department Determination was issued sustaining the imposition of the violation and imposing a $2,000.00 monetary penalty for this violation.

Prior to the hearing on this matter, 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. Respondent agrees not to advertise the play of video poker machines in any manner as prohibited by Section 12-21-2804(B) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). Respondent further agrees to remit to the Department a monetary fine of $500.00, no later than 5:00 pm. on April 3, 1998.

2. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation.

I find the above terms 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



Carol I. McMahan

Counsel for Regulatory Litigation

Roger Landingham

Respondent



April 15, 1998

Columbia, South Carolina





NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, CAROL I. MCMAHAN


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