ORDERS:
CONSENT ORDER OF DISMISSAL
This matter came before this Court upon petition of the South Carolina Department of Revenue ("DOR") from appeals by the
Respondents of several violation reports issued by SLED investsigators. The Final Determination appealed was dated December 29,
1998. The determination set forth allegations of single place or premises violations [§12-21-2804(A)Supp1997] and allegations of
advertising.
A hearing was held before the undersigned in Columbia, SC on June 16, 1999. It now appears the parties have reached a settlement
and compromise of the matter on the following terms and conditions:
1. Respondent, Mid-South, Inc., admits to a violation of the single place or premises
charge as to ten game rooms at Sand Dollars Saloon in Surfside Beach and agrees
to pay a fine of $2,500 and to not operate machines in those rooms for six months.
2. Petitioner agrees, in view of the recent decision by the South Carolina Supreme
Court in Video Gaming Consultants, Inc. vs. DOR, Opinion 25177, that all
advertising violations are dropped.
3. Petitioner agrees to waive any remaining fines or penalties previously sought for
these violations as to Mid-South, Inc., Coastal Coin, Inc., and Sand Dollars
Saloon, Inc.
4. This Agreement and Compromise constitutes a final resolution of the issues set
forth in both Final Determinations and is entered into by the DOR under the
authority granted to it under S.C. Code Ann. Section 12-4-320(Supp. 1999).
Having reviewed the terms of this agreement, I hereby ORDER its adoption and dismiss the Petition with prejudice.
I CONSENT FOR RESPONDENTS I CONSENT FOR PETITIONER
H. Buck Cutts Jeffrey M. Nelson
Attorney for Respondents Attorney for Petitioner
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
This 5th day of September, 2000
Columbia, South Carolina |