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 March 21, 1998, 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 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190
(Supp. 1997). A Department Determination was issued sustaining the imposition of the
violation. The determination sought revocation of fifteen Class III 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 March 21, 1998, at the time of the South
Carolina Law Enforcement agent's inspection of the Class III video gaming location at 6195
Rivers Ave., North Charleston, South Carolina, there were no employees on the premises of the
areas doing business as "8N8" and "3N3."
2. Respondents further agree to the revocation of the nine Class III licenses in
these areas at the time of the violation: 3924359, 3924360, 3924378, 3924380, 3924388,
3924368, 3924369, 3924370, and 3924371. Respondents agree to surrender these licenses to the
Department no later than 5:00 p.m. on January 19, 1999.
3. Respondents further agree not to operate or allow the operation of any
Class III licenses or machines at the physical location of the two areas noted in the attached
diagram as "8N8" and 3N3" for a period of six months beginning on January 19, 1999.
Respondents further agree to remit to the Department a monetary fine in the amount of $5,000.00
no later than 5:00 p.m. on January 19, 1998.
4. In consideration of the above, the Department agrees to waive the
remaining 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 Ralph King Anderson, III
Administrative Law Judge
January 12, 1999
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:_______________________________
Gaines W. Smith
Attorney for Respondents
See File for Attachment. |
