ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondent on April 21, 1998, for a violation of S.C. Code Ann. Section 12-21-2748 (Supp. 1998) for failing to affix owner/operator identification to a machine licensed
pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998) (commonly referred to as "Class
III" machines and licenses), that was visible for inspection purposes. A Department Determination
was issued sustaining the imposition of the violation and imposing a fine of $2,500.00. Respondent
appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").
At the hearing on this matter on June 11, 1999, the parties entered into a consent order
resolving the matter. That agreement is incorporated in this Order.
The agreement between the parties is as follows:
1. Respondent admits that on April 21, 1998, at the time of the South Carolina Law
Enforcemtn agent's inspection at 1415 S. Main Street, Greenwood, South Carolina, its Class III
licensed machine No. 3939507, failed to have an owner identification sticker visible for inspection
purposes. The parties further agree that this sticker was not visible because another sticker was taped
over the identification card. This sticker had the following language written on it in large bold type,
"Know your limits. It's the only way to play. If you have a problem with gambling, call the SCCPG
HELP LINE. 1-800-522-4700."
2. Respondent further agrees to remit to the Department a fine of $500.00 for this
violation no later than July 12, 1999.
3. In consideration of the above, the Department agrees to waive the remaining penalties
as to this violation.
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 Marvin F. Kittrell
Chief Administrative Law Judge
July 13, 1999
Columbia, South Carolina
WE SO CONSENT:
By: ______________________
Carol I. McMahan
Attorney for Petitioner
By: ______________________
Thomas E. Hite
Attorney for Respondent |