ORDERS:
CONSENT ORDER BETWEEN PETITIONER AND THE
RESPONDENTS MSM, INC.
This matter came before the Court from an appeal of the Respondents Randy K. Lollis
and MSM, Inc. of a citation issued by the Petitioner South Carolina Department of Revenue
("Department") against the Respondents for violations of the Video Games Machines Act ("Act"),
S.C. Code Ann. Sec. 12-21-1804(B) (Supp. 1997) on May 20, 1997. The citation issued to
Respondents on that date was for a violation of that provision of the Act requiring the presence of
a separate employee on each separate "place or premises" operating Class III video game machines
during business hours. Additionally, the Respondent MSM was cited for violating that provision of
the Act requiring owner identification on each Class III machine. S.C. Code Ann. Secs. 12-21-2804,
12-21-2748; 27 S.C. Code Regs. Ann. 117-190.2.
The Regulatory Violation and Assessment Report sought the imposition of a $5,000.00
monetary penalty against both Respondents for the single place or premise violation and $7,500
against MSM, Inc. for three owner identification violations. A Final Agency Determination was
issued by the Department sustaining the imposition of the penalties assessed in the violation report
for the single place or premise violation. The owner identification violation was reduced from
$7,500 to $2,500 on the basis that the three violations had been written and assessed for three
stations of a single multi-station machine.
A hearing was scheduled in this matter before the Court on August 19, 1998. Prior to the
hearing, an agreement was reached between the Respondent MSM, Inc. and the Petitioner
Department of Revenue resolving this matter between them on the following terms and conditions:
1. The Respondent MSM, Inc., agrees to pay a find of $3,500.00 and to make payment of
the fine to the Department within 30 days of the date of this Order.
2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996)
to waive the remaining monetary penalties sought for this violation from the Respondents.
3. The parties further agree and understand that this a compromise and settlement of a
contested penalty and is entered by the Department under the authority provided it in S.C. Code Ann.
Section 12-4-320(3) to compromise such matters.
4. The parties to this agreement also agree and understand that the Respondent Randy K.
Lollis is not a party to this agreement and that this agreement fully and finally settles this dispute
only between the Department and MSM, Inc. Further, that this agreement will not be altered or
amended by the continuing legal action between the Department and the Respondent Lollis.
Having reviewed this agreement and settlement in compromise, and having questioned the
parties or their respective counsel regarding the terms thereof, I hereby ORDER this adoption and
dismiss the Petition in this matter with prejudice.
_____________ss//__________________ ____________ss//________________
Jeffrey M. Nelson Michael Green
Counsel for Regulatory Litigation Pro Se as President of MSM, Inc.
P.O. Box 125 3715 E. North Street
Columbia, SC 29214 Greenville, SC 29615-2363
(803) 737-4426
AND IT IS SO ORDERED.
ss// JOHN D. GEATHERS
ADMINISTRATIVE LAW JUDGE
Post Office Box 11667
Columbia, South Carolina 29211-1667
July 21, 1998
Columbia, South Carolina |
