ORDERS:
CONSENT ORDER OF DISMISSAL
This matter came before the Court from an appeal of the Respondent Tripp's
Amusement Co. Inc., and Tripp's Inc. of a citation by the Petitioner South Carolina
Department of Revenue ("Department") for an alleged violation of the Video Games Machines
Act ("Act"), S.C. Code Ann. § 12-21-2804(A)(Supp. 1997) on March 20, 1998. The citation
issued on that date was for a violation of that provision of the Act limiting the licensing and
use of five (5) Class III machines per single place or premise. S.C. Code Ann. § 12-21-2804(A); 27 S.C. Code Regs Ann. 117-190. The Regulatory Violation and Assessment Report
sought
- revocation of twenty (20) Class III licenses 3931920, 3931919, 3931918, 3931917,
3931916, 3931921, 3931922, 3931923, 3931924, 3931925, 3931951, 3931952,
3814453, 3814454, 3914455, 3814322, 3931900, 3931899, 3814457, and 3814456
issued to the Respondent Tripp's Amusement Co. Inc. and located at 1633 and 1635
Memorial Park Road, Lancaster, South Carolina;
- that no licenses be issued for the operation of machines in the rooms denominated as
"1L, 2L, 6L, and Tripp's Amusement" for a period for six (6) months, and
- the imposition of $5,000.00 monetary penalties against both Respondents.
A final Agency Determination was issued by the Department sustaining the imposition of the
fines and penalties assessed in the violation report.
A hearing was scheduled in this matter before the Court on January 13, 1999. Prior
to the hearing, an agreement was reached between the parties resolving this matter on the
following terms and conditions:
1. Fourteen of the twenty Class III licenses in dispute, 3931920, 3931919,
3931918, 3931917, 3931916, 3931921, 3931922, 3931923, 3931924, 3931925, 3931951,
3931952, 3931900, and 3931899, are revoked as of February 10, 1999, and will be submitted
to the Department by February 10, 1999.
2. Six of the Class III licenses at issue 3814453, 3814454, 3814455, 3814322,
3814457, and 3814456 expired May 1998 and do not need to be submitted to the Department.
3. Respondents further agree to not place, maintain, or operate any Class III video
games machines in rooms denominated as "1L, 2L, 6L, and Tripp's Amusement" (see attached
diagram with rooms at issue designated) for a period for six (6) months commencing on
February 10, 1999. The Department agrees that from the date of this Order until February 10,
1999, that the Respondents are and shall be allowed to continue to operate any video game
machines currently located in the rooms at issue; provided, however, that Respondents
otherwise follow and obey all statutes, regulations and court decisions pertaining to the
licensing and operation of such machines.
4. The Department agrees, pursuant to S.C. Code Ann. § 12-4-320(3)(Supp.1997)
to reduce the remaining monetary penalties sought for this violation from $10,000 to
$2,000.00 due February 10, 1999.
Having reviewed this agreement, I hereby ORDER its adoption and dismiss the
Petition in this mater with prejudice.
IT IS SO ORDERED.
_____________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
November 23, 1999
THE BELOW COUNSEL SO CONSENT:
_________________________ _____________________________
Carol I. McMahan Zoe Sanders Nettles
Counsel for Regulatory Litigation Attorney for Respondents Tripp's
PO Box 125 Amusement Co. Inc. and Tripp's Inc.
Columbia, SC 29214 |