ORDERS:
CONSENT ORDER OF DISMISSAL
This matter came before the Court from an appeal by Respondent, Capital Greetings Inc.
of America of a Final Determination and citation by Petitioner for violations of the Video Game
Machines Act. Respondent was charged with a violation of S.C. Code Ann. Section 12-21 -28040(A) and Regulation 117- 190 for a single place or premise violation by not having an
employee in the game room, D.J.X.
The Final Determination issued by the Department sought the imposition of $ 10,000 in
fines, revocation of five video game licenses and the closing of one game room, D.J.X., for a
period of six months.
This matter was set for a contested hearing before the undersigned for May 20, 1999.
Prior to the hearing, the parties requested the hearing be canceled based upon an agreed to
settlement.
The settlement agreed upon is as follows:
1. Respondent agrees to pay a fine of $ 1,000 to the Department within thirty (30)
days of the signing of this Order.
2. Respondent agrees to close the game room doing business as D.J.X. at Big Shots,
1614 Highway 17 South in North Myrtle Beach for a period of six (6) months,
beginning June 1, 1999.
3. The Department agrees and consents to the automatic lifting of any remaining
time on this six months closure period should the South Carolina Supreme Court
render a final decision in the case of Gateway Enterprises Inc. vs. S.C.
Department of Revenue, 96-CP-26-3209, which affirms the Circuit Court Order
finding the six-month closure an inappropriate penalty under the language of the
Video Game Machines Act.
4. It further appears that all five Class III COD licenses in used in D.J.X. expire
within days, the revocation of same is waived by the Petitioner.
5. Petitioner further waives its demand for the remainder of the monetary fine sought
in the Final Determination.
6. The parties agree and consent to this as a final settlement of all issues and
violations presented before the Court in this matter.
Having reviewed the Prehearing Statements and the terms of the agreement, and having
determined it to be fair and equitable to all parties, I hereby ORDER its adoption and dismiss
the Petition in this matter, with prejudice.
Jeffrey M. Nelson, Esquire H. Buck Cults, Esquire
Attorney for Petitioner Attorney for Respondents
PO. Box 125 P.O. Box 14520
Columbia, SC 29214 Surfside Beach, SC 29587
(803) 898-5172 (843) 238-3442
IT IS SO ORDERED.
John D. Geathers
Administrative Law Judge
May 28, 1999
Columbia, SC |
