ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondents for violations of the Video Game Machines Act. On November 4, 1997,
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 12-212804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). Respondent
Huskey was also issued a violation for advertising the playing of the Class III machines in violation of S.C. Code
Ann. Section 12-21-2804(B) (Supp. 1997) and 27 S.C. Code Ann. Regs. 117-190.2 (Supp. 1997). Respondent
Huskey advertised in the yellow pages by using the word "casino." Department determinations were issued
sustaining the imposition of the violations. The Department's determination sought revocation of Respondent
James McDonald, Jr.'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) for the violation of Section 12-21-2804(A). For the violation of Section 12-212804(B)
(advertising), the Department's determination imposed a monetary penalty in the amount of
$2,000.00 against Respondent Huskey.
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 4, 1998, at the time of the South Carolina
Law Enforcement agent's inspection, they were in violation of Section 12-21-2804(A).
Respondents further agree to the revocation of Class III license numbers 3929071, 3929070,
3929046, 3929075, and 3929072. Respondent agrees to surrender these licenses to the
Department no later than 5:00 pm on September 1, 1998.
2. Respondents further agree not to operate or allow the operation of any Class III
licenses or machines at the physical location of the area doing business as "Casino Grand" on
November 4, 1998, located at 4304 Sea Mountain Hwy., Little River, South Carolina, for a
period of six months from September 1, 1998 (this location is accurately depicted on the attached
diagram).
3. Respondents further agree not to advertise in any manner for the playing of
video poker as prohibited by Section 12-21-2804(B). Respondent Huskey agrees to remit to the
Department a monetary fine in the amount of $ 1,000.00 for the advertising violation of
November 4, 1997, no later than 5:00 pm on September 1, 1998.
4. 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. 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
August 28, 1998
Columbia, South Carolina
WE SO CONSENT:
By:
Carol McMahan,
Attorney for Petitioner
Robert Rikard
Attorney for Respondents |