ORDERS:
CONSENT ORDER
These matters were initiated by citations issued by the South Carolina Department of
Revenue ("Department") against Respondents for violations of the Video Game Machines Act [S.C.
Code Ann. Sections 12-21-2804(A), 12-21-2802, and 12-21-2748 (Supp. 1997)]. On July 24, 1997,
Respondents Phillip Monday, Oscar Tysinger, III, and MIT, Inc., were cited for maintaining 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). Also on October 3, 1997,
Respondent MIT, Inc., was cited for a violation of Section 12-21-2748, for failing to affix
owner/operator identification to two Class III machines. Similarly, on October 3, 1997, Respondent
Phillip Monday was cited for a violation of Section 12-21-2802, for failing to display the penalty
signs as required for Class III machines. Department Determinations were issued sustaining the
imposition of the violations. The determinations sought revocation of Respondent Oscar Tysinger's
three, and Respondent MIT, Inc.'s seven, Class III machine licenses, that no Class III 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 as to each Respondent, Phillip Monday, Oscar Tysinger, and MIT, Inc.
A determination also imposed a monetary penalty in the amount of $1,000.00 against MIT, Inc., for
the violation of Section 12-21-2748. A determination also sought a monetary penalty of $300.00,
against Phillip Monday for the violation of Section 12-21-2802.
Prior to the hearings on these matters, the parties worked out an agreement resolving the
matters. That agreement is incorporated into this Order.
The agreement between the parties is as follows:
1. Respondents admit that on July 24, 1997, there were no employees on the
premises of the areas doing business as "Treasures" and " Treasures Video, " located Hwy. 17,
Hardeeville, South Carolina. Each of these two areas contained five Class III video poker machines
and licenses. Respondents agree to the revocation of these ten licenses. Respondents further agree
to surrender these Class III licenses with nos. 3800624, 3800625, 3800626, 3921224, 3921225,
3921169, 3921170, 3921222, 3921223, and 3921231, to the Department, no later than 5:00 p.m. on
May 29, 1998.
2. Respondents further agree not to operate or allow the operation of any Class
III machines at the physical location of the rooms as set forth in "1" above (as depicted on the
attached diagram as the shaded areas), for a period of six months from May 29, 1998.
3. Respondent Monday, further agrees to remit to the Department a monetary
fine in the amount of $200.00, for the violation of Section 12-21-2802, that occurred on October 3,
1997.
4. In consideration of the above, the Department agrees to waive the remaining
monetary penalties sought for the single place or premises violation as to the Respondents. The
Department further agrees to waive all penalties sought for the violation of Section 12-21-2748.
These penalties were imposed on multi station machines that did have at least one owner
identification attached at the time of the inspection. The Department further agrees to waive the
remaining monetary penalties sought for the violation of Section 12-21-2802, as to Respondent
Monday, as this is his first such offense of this nature.
5. 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.
Honorable Marvin F. Kittrell
Chief Administrative Law Judge
May 28, 1998
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan, Counsel for
Regulatory Litigation
Attorney for Petitioner
By:
Darrell Thomas Johnson, Jr.
Attorney for Respondents |