ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Michael Wayne Gault 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 12-21-2804(A) (Supp. 1998) of the South Carolina Video Games Machine Act on November 19, 1997. The citation issued to the Respondent was for violating the single place or premise provision of S. C. Code Ann. Section 12-21-2804(A) and S.C. Code of Regulations Reg. 117-190. The Regulatory violation and assessment report issued by the Department sought the imposition of a $5,000.00 fine against the Respondent, the revocation often (10) Class III COD licenses (ail of which expire on May 31, 1999) and the prohibition on the use of Class III machines on the premises of the two offending premises for a period of six months. A Final Agency Determination was issued by the Department on July 7, 1998 which sustained the fines and penalties.
This matter was set for a contested case hearing before the Administrative Law Judge
Division on June 23, 1999. Prior to the hearing, the parties reached an agreement to compromise
and settle this matter on the following terms and conditions:
1. The Respondent Gault agrees to make payment to the Department within thirty days of the signing of this Order in the amount of $500 for each premises found to be in violation, for a total agreed payment of $ 1,000. The Respondent further agrees to make payment of this amount by not later than June 1, 1999.
2. The Respondent further agrees to cease and desist from the placement, use or operation of any Class III COD machines and/or licenses at the locations doing business as "Lucky's II" and "Lucky's III" located at 241 Battleground Rd. in Cowpens, South Carolina, and as further shown on the diagram attached hereto as Exhibit A, for a period of six months commencing on June 1, 1999 and ending on November 30, 1999.
3. In consideration for the above agreed to fines and penalties, the Department waives the remaining fines and penalties sought by it in this action.
4. The parties agree and understand that this constitutes s a final settlement of this violation and administrative appeal.
Having reviewed this agreement, and terms and conditions contained herein, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.
Jeffrey M. Nelson Kenneth E. Allen
Counsel for Regulatory Litigation Attorney for Michael W. Gault
S.C. Department of Revenue Suite 1980
Post Office Box 125 1201 Main Street
Columbia, South Carolina 29214 Columbia, South Carolina 29201
(803) 898-5172 (803) 748-1335
IT IS SO ORDERED.
John D. Geathers
April 22, 1999
Columbia, South Carolina |
