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. 1998)]. On November 1, 1996, Respondents were 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. Respondents
appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").
At the hearing on this matter, the parties stipulated to the following in satisfaction of the
violation. That agreement is incorporated in this Order.
The agreement between the parties is as follows:
1. Respondents admit the violation.
2. Respondents further agree to the revocation of the Class III licenses at this location. Because they have expired during the pendency of the appeal, the Department does not require their surrender.
3. Each Respondent further agrees to remit to the Department a monetary fine
in the amount of $1,000.00 each, for total penalties of $3,000.00. This amount will be remitted to
the Department no later than April 23, 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.
____________________________
Ralph King Anderson, III
Administrative Law Judge
May 28, 1999
Columbia, South Carolina
WE SO CONSENT:
__________________________
Carol I McMahan, Esquire
Attorney for Petitioner
__________________________
James M. Griffin, Esquire
Attorney for Hugh Andrews
__________________________
S. Jahue Moore, Esquire
Attorney for Slots of Fun, Inc. and
New Wave Enterprises, Inc. |
