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 |