ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondents of a citation issued
by the Petitioner South Carolina Department of Revenue ("Department") against the Respondents
for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21 -2804(B)
(Supp. 1997) occurring on October 15, 1997. The citation issued to Respondents on that date was
for a violation of that provision of the Act prohibiting the operation of more than five Class III
machines at a single place or premise. S.C. Code Ann. Sec. 12-21-2804(A). Specifically, the
Department alleged that the Respondent Gameco of operating a location without the presence of
an employee in violation of 27 S.C. Code Regs. Ann. 117-190. The Regulatory Violation and
Assessment Report sought the imposition of a $5,000.00 monetary penalty against each of the
named Respondents, the revocation of five Class III licenses and the closure of the location for a
period of six months. A Final Agency Determination was issued by the Department sustaining
the imposition of the penalty assessed in the violation report.
A hearing was scheduled in this matter before the Court on October 20, 1998. Prior to the
hearing, an agreement was reached between the parties resolving this matter on the following
terms and conditions:
1. The Respondent Gameco, Inc. agrees to pay a fine of $500.00 and to make
payment of the fine to the Department within 15 days of the date of this Order.
2. The Respondent Gameco, Inc. agrees to close the location and premises doing
business as "Draw Poker" (as further shown on the attached diagram of"Spinners" on St.
Andrews Road in Columbia) for a period of six months from the date of the signing of this
Order.
3. Due to all Class III licenses in dispute in this matter having expired on May 31,
1998, the requested revocation of such by the Department is considered moot for the purposes of
the settlement and compromise between the parties.
4. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp.
1997) to waive the remaining monetary penalties sought for this violation from the Respondents.
Having reviewed this agreement and settlement in compromise, and having questioned the
parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and
dismiss the Petition in this matter with prejudice.
Jeffrey M. Nelson Warren C. Powell, Jr.
Counsel for Regulatory Litigation ATTORNEY FOR GAMECO, INC.
P.O. Box 125 P.O. Box 61110
Columbia, SC 29214 Columbia, SC 29260-1110
(803) 898-5172 (803) 252-7693
James M. Griffin ATTORNEY FOR TIM'S AMUSEMENT
P.O. Box 5
Columbia, SC 29202
(803) 779-4600
IT IS SO ORDERED.
Hon. John D.Geathers
Administrative Law Judge
Columbia, South Carolina
November 10, 1998 |
