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 October 23, 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 the 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 in this Order.
The agreement between the parties is as follows:
1. Respondents admit that on October 23, 1997, at the time of the South Carolina
Law Enforcement agent's inspection at 4390 McConnell's Highway, Rock Hill, South Carolina,
there were no employees on the premises of the area doing business as " Nolan's Video Room."
2. Respondents further agree to the revocation of the three Class III licenses
in this area at the time of the violation. Respondents agree to surrender Class III license Nos.
3931946, 3931947, and 3931948, no later than 5:00 p.m. on March 1, 1999.
3. Respondent further agree not to operate or allow the operation of any Class III
licenses or machines at the physical location of this area noted in the attached diagram for a period
of six months beginning on March 1, 1999.
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.
Marvin F. Kittrell
Chief Judge
March 4, 1999
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I . McMahan
Attorney for the Petitioner
By:
Zoe Sanders Nettles
Attorney for the Respondent Tripp's Amusement Co., Inc.
By:
A. Randolph Hough
Attorney for Respondent Nolan Snelling |
