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 January 30, 1998, Respondents were cited for
operating more than five machines licensed pursuant to S.C. Code Anno. Section 12-212720(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. 117-190
(Supp. 1997). A Department Determination was issued sustaining the imposition of the violation.
The termination sought revocation of Respondent W. Stuart Pace's 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 $10,000.00).
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 January 30, 1998, at the time of the South Carolina Law
Enforcement agent's inspection, there was no employee on the premises of the area doing business
as Buttons, Inc., d/lo/a Button's Awards, located at 1206L, West Parker Road, Greenville, South
Carolina. Respondents further agree to the revocation of Class III license numbers 3816532,
3816533, 3816531, 3816525, and 3816529. As these licenses have expired during the pendency
of this appeal, the Department does not require their surrender.
2. Respondents further agree to operate or allow the operation of not more than 5 Class III
licenses or machines at the physical location of a building located at 1206L West Parker Road,
Greenville, South Carolina, for a period of six months from October 1, 1998. This area was
formerly two separate premises known as 1206L and 1206K.
3. Respondents further agree to remit to the Department a monetary fine in the amount of
$500.00, no later than 5:00 p.m. on October 1, 1998.
4. In consideration of the above, the Department agrees to waive the remaining monetary
penalties sought for this violation.
I find this agreement to be fair and equitable, approve such agreement, and hereby Order
its adoption. This Court retains continuing jurisdiction to enforce this Order. As Respondents no
longer require 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 28, 1998
Columbia, South Carolina
WE CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
L. Lesesne Hendricks, Jr.
Attorney for Respondents |
