ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondent for a violation of the Video Game Machines Act
[S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998)]. On February 13, 1997, Respondent was
cited for operating more than five machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998) (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. 1998). A Department Determination was issued sustaining the imposition of the
violation. Respondent appealed the matter and it was transmitted to the Administrative Law
Judge Division ("Division").
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. Respondent admits that on February 13, 1997, at the time of the South
Carolina Law Enforcement agent's inspection at 10030 Dorchester Road, Summerville, South
Carolina, there was no employee on the premises of the area doing business as "Lady Luck 2."
2. Respondent further agrees to the revocation of the Class III licenses in this
area at the time of the violation. Because these licenses have expired during the pendency of this
appeal, the Department does not require their surrender.
3. Respondent further agrees not to operate or allow the operation of any
Class III licenses or machines at the physical location of the area noted in the attached diagram as
"No. 5" for a period of six months beginning on April 1, 1999. The Respondent also agrees to
remit to the Department a monetary fine in the amount of $500.00, no later than 5:00 p.m. on
April 1, 1999.
4. In consideration of the above, the Department agrees to waive the
remaining penalties sought for this violation as to the 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
March 24, 1999
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:__________________________________
James H. Harrison
Attorney for Respondent |