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 August 12, 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 12-21-2804(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 ten 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 into this Order.
The agreement between the parties is as follows:
1. Respondents admit that on August 12, 1997, at the time of the South Carolina
Law Enforcement agent's inspection at 1111 Main Street, Summerville, South Carolina, there
were no employees on the premises of the areas doing business as "Jackpot Video Games" and
"The Donut Hole."
2. Respondents further agree to the revocation of the ten Class III licenses in these
areas at the time of the violation. As these licenses have expired during the pendency of this
appeal, the Department does not require their surrender.
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
"Jackpot Video" and "The Donut Hole" for a period of six months beginning on December 4,
1998. (See attached diagram in file.) Respondents further agree to remit to the Department a
monetary fine in the amount of $1,000.00 ($500.00 for each area in violation), no later than 5:00
p.m., on December 16, 1998. Should the Gateway decision eliminate the six month suspension
penalty, Respondents will be free to reopen.
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.
___________________________
Ralph King Anderson, III
Administrative Law Judge
December 29, 1998 |
