ORDERS:
ORDER OF DISMISSAL
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondents for violation of the Video Games Machines Act [S.C. Code
Ann. Section 12-21-2804(A) (Supp. 1997)]. On July 17, 1997, Respondents were cited for having
more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997)
(referred to as Class III licenses) at a single place or premises, in violation of Section 12-21-2804(A)
and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). The Final Department Determination sustained
the violation based on Respondents' failure to have a separate employee on the premises as required
by Regs. 117-190. The determination sought revocation of Respondents' thirty Class III licenses,
that no licenses will be used for the operation of machines at this location for a period of six months,
and a monetary penalty in the amount of $30,000 against each Respondent.
Prior to a hearing on this matter, the parties entered into a consent agreement resolving the
matter. That agreement is incorporated into this Order.
The agreement between the parties is as follows:
1. Respondents P.I. Leasing and Management and Will Darwin Wheeler violated
Section 12-21-2804(A) and Regs. 117-190, by failing to have an employee on the premises of six
game rooms during business hours on July 17, 1997.
2. Respondents agree to the revocation of the thirty Class III licenses in use in Game
Rooms 1-6, located at 2394 Highway 501, Conway, South Carolina, on July 17, 1997. As these
licenses have expired, the Department does not require their surrender.
3. Respondents further agree not to operate or allow the operation of Class III machines
in the physical location of the six game rooms for a period of six months. These areas are accurately
depicted on the attached diagram. This six month suspension begins February 12, 1999.
4. Respondents further agree to remit to the Department a monetary fine in the amount
of $5,000.00. This payment will be remitted to the Department within thirty days from the date of
this Order.
5. In consideration of the above, the Department agrees that the revocation of the
licenses as set forth above does not affect the machines to which those licenses were attached, and
those machines may be re-licensed on other premises. The Department further agrees to waive the
remaining monetary penalties sought for this violation as to each Respondent.
I find the above agreement to be fair and equitable, approve such settlement, and hereby
Order its adoption. The Court retains continuing jurisdiction to enforce this Order. As the parties
no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
____________________________
Alison Renee Lee
Administrative Law Judge
November 13, 1998
Columbia, South Carolina. |
