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 November 22, 1996, Respondents were cited for
operating more than five machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3)
(Supp. 1997) (commonly referred to as "Class III machines and licenses"), in a single place or
premises in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117190 (Supp. 1997). A
Department Determination was issued sustaining the imposition of the violation. The determination
sought revocation of Respondent Great Games ten Class III machine licenses, that no Class III licenses
will be allowed for use in the location for a period of six months and a $5,000.00 monetary penalty as
to each Respondent (total monetary penalties of $15,000 00)
Prior to the hearing, the parties entered into an agreement resolving the matter. That
agreement is incorporated in this Order.
The agreement between the parties is as follows:
1. Respondents admit that on November 22, 1996, at the time of the South
Carolina Law Enforcement agent's inspection, there was no employee on the premises of each
of the areas doing business as "Loves Room" and "Kenny's Place" located at Highway 28,
Clarks Hill, South Carolina. Respondents further admit that ten Class III machines were in
operation on that premises. These Class III machines were licensed with South Carolina Class
III license nos. 025326, 025322, 025325, 3800143, 3800144, 3800146, 3800145, 3800142,
025324, 025323, licensed to Great Games, Inc. and Jimmy L. Martin.
2. Respondent Great Games, Inc. and Jimmy L. Martin further agree to the
revocation of the Class III licenses nos. in "1 " above. As the licenses have expired, the
Department does not require their surrender.
3. Respondents further agree not to operate or allow the operation of any Class
III machines at the location doing business as "Loves Room" and "Kenny's Place" at Highway
28, Clarks Hill, South Carolina, for a period of six months from August 28, 1998 (this location
is accurately depicted on the attached diagram).
4. Respondents further agree to remit to the Department a monetary fine in the
amount of $1,000.00 ($500.00 for each area in violation), no later than 5:00 pm, on August 28,
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 this agreement to be fair and equitable, approve such agreement, and
hereby Order its adoption. The Court retains continuing jurisdiction to enforce this order. As
Respondents no longer requires a hearing on this matter, I also Order this matter Dismissed with
Prejudice.
AND IT IS SO ORDERED.
Honorable John D. Geathers
Administrative Law Judge
September 1, 1998
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
C. Tyrone Courtney
Attorney for Respondents |
