ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Hugh Gaming Corp. of
a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the
Respondent for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(A) (Supp. 1997) on March 13, 1998. The violation was written against a location operated by
the Respondent doing business as "Magic Carpet", located at 1505 Charleston Hwy. in West
Columbia. Respondents were cited for violating the single place or premises provision of Section 12-21-2804(A), and in particular, the separate employee requirement of 27 S.C. Code Regs. Ann. 117-
190. The Regulatory Violation Report sought the revocation of the five (5) Class III Coin Operated
Device licenses in use at the location at the time of the violation, the closure of the location for a
period of six months, and the imposition of a $5,000.00 monetary penalty against the Respondent. A
Final Agency Determination was issued by the Department sustaining the imposition of the proposed
penalties.
A hearing was scheduled in this matter before the Court on November 18, 1998. Prior to the
hearing, an agreement was reached between the parties resolving this matter on the following terms
and conditions:
1. The Respondent Hugh Gaming Corp. agrees to surrender 1999 Class III COD licenses
#3939141, 3939142, 3939143, 3939144, and 3939145 on or before November 18, 1998 to the
Petitioner. The value of such licenses on that date having been estimated by the Department to
total $5,330.00.
2. The Respondent further agrees to close the room doing business as "Magic Carpet", and
as further indicated as "Room D" on the attached diagram, for a period of six months running
from November 18, 1998 to May 18, 1999.
3. 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 Respondent.
Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption
and dismiss the Petition in this matter with prejudice.
Jeffrey M. Nelson Kenneth E. Allen
Counsel for Regulatory Litigation Attorney for Respondent
PO Box 125 Hugh Gaming Corp.
Columbia, SC 29214 1201 Main Street, Suite 1980
(803) 737-4426 Columbia, SC 29201
(803) 748-1335
IT IS SO ORDERED.
John D. Geathers
Administrative Law Judge
October 28, 1998
Columbia, South Carolina |
