ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Lady Luck Cafe and Games, Inc. of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. Section 12-21-2802(A) and Regulation 117-190 on October 29, 1997. The Regulatory violation and assessment report issued by the Department sought the imposition of $5000.00 fines against the each of the Respondents for these violations, that the ten Class III COD licenses in these two locations be revoked and that both locations be prohibited from the use of Class III machine licenses for a period of six months subsequent to such revocation. A Final Agency Determination issued by the Department on December 21, 1998 sustained these fines and penalties.
This matter was transmitted to the Administrative Law Judge Division to for a contested case hearing on February 17, 1999. Prior to a hearing being scheduled in this matter, the parties informed the court that they had reached a compromise under the following terms and conditions:
1. Respondents admit to a violation of the single place or premise requirement of Section 12-21-2804(A) on October 29, 1997 at Lady Lucks Cafe and Games.
2. The Respondents agree to the revocation of the ten (10) Class III COD licenses sought by the Department in this matter. Licenses numbered 3924178, 3924179, 392418O, 3924181, 3924182, 3924168, 3924169, 392417O, 3924171, and 3924172 will be turned over to the Department of Revenue by the Respondents by not later than April 21, 1999.
3. The Respondents further agree to abstain and desist from the use of any Class III video game licenses or machines at the two place or premises at 4650 Ladson Rd. in Summerville, South Carolina which were operating as "Lady Luck Room 2" and "Lady Luck Room 3" as agreed to by the parties and as shown as rooms 4 and 5 on the diagram of the location which is attached hereto as Exhibit A. This six month prohibition on the use of Class III video game machines shall commence on April 1, 1999 and end on October 1, 1999.
4. In consideration for the above stated admission and voluntary revocation and room closures, the Department agrees to waive the monetary fines and penalties sought in this action.
5. The parties agree and understand that this constitutes a final settlement of this matter.
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and
dismiss the Petition in this matter with prejudice.
Jeffrey M. Nelson James H. Harrison
Counsel for Regulatory Litigation Attorney for the Respondents
South Carolina Department of Revenue 1819 Hampton Street
Post Office Box 125 Columbia, S.C. 29201
Columbia, SC 29214 (803) 256-0049
(803) 898-5172
IT IS SO ORDERED
John D. Geathers
Administrative Law Judge
April 21, 1999
Columbia, SC |
