ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal by the Respondents of a citation issued by the Petitioner South Carolina
Department of Revenue (Department) against Respondents by the South Carolina Law Enforcement Division for a violation
of S.C. Code Ann. Section 12-21-2804(A) and Regulation 117-190 on February 23, 1998. The Regulatory violation and
assessment report issued by the Department sought the imposition of two $5,000.00 fines against Grand Strand Management
Associates LLC/Mulligans, Inc. d/b/a McGuires I and McGuires II as well as the machine owners Rosemary Coin Machines,
Inc. And High Tech, Inc. The Department sought the revocation of all Class III machine licenses in use at these two
locations and the prohibition on their operation of Class III machines for a period of six months for this violation. A Final
Agency Determination issued by the Department on December 18, 1998, sustained the fine and penalty.
This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on March 4, 1999. Prior
to a hearing being held 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 premises provision contained in Section 12-21-2804(A).
2. The Respondent Grand Strand Management d/b/a Mulligans agrees to refrain from the operation of any Class III video
game machines at the locations licensed to do business as McGuires I and McGuires II and as further identified on the
attached diagram, for a period of six months beginning January 1, 2000 and ending on July 1, 2000.
3. The Respondent Grand Strand Management, LLC, further agrees to pay two fines in the amount of $500.00, for fines
totaling $1,000.00, and to make payment of such fine to the Department of Revenue within thirty (30) days of the date of
this Order.
4. The Class III COD licenses which the Department sought revocation of in this matter all expired effective May 31, 1999.
The revocation of these licenses is therefore considered moot by the parties for the purposes of this agreement.
5. In consideration for the above stated agreed-upon six month prohibition on the operation of Class III machines and
payment of a $1,000.00 fine, the Department agrees to waive the remaining monetary fines previously sought in this action.
6. 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, Esquire Kenneth E. Allen, Esquire
Counsel for Regulatory Litigation Attorney for the Respondents
P.O. Box 125 1201 Main Street, Suite 1980
Columbia, S.C. 29214 Columbia, S.C. 29201
(803) 898-5172 (803) 748-1335
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
December 13, 1999
Columbia, South Carolina |
