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 December 8, 1998, 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.
Regulations 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").
Prior to the hearing, the parties entered into an agreement resolving the matter.
That agreement is incorporated in this Order.
The agreement between the parties is as follows:
1. For the violation on December 8, 1998 at Units 2 and 3 at 3599 Highway
51 North, Fort Mill, South Carolina, Respondents agree to remit to the Department a monetary
fine in the amount of $1,000.00 ($500.00 as to each Respondent), no later than July 6, 1999.
2. Respondents further agree not to operate or allow the operation of any
Class III licenses or machines at the physical location of these areas noted in the attached
diagram, Units 2 and 3, for a period of six months beginning on July 6, 1999.
3. Respondents agree to the revocation of the Class III licenses involved on
the date of violation. As the licenses have expired, the Department does not require their
surrender.
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 the matter Dismissed with
Prejudice.
AND IT IS SO ORDERED.
_______________________________
Honorable John D. Geathers
Administrative Law Judge
June 24, 1999
Columbia, South Carolina
WE SO CONSENT:
By: _____________________
Carol I. McMahan
Attorney for Petitioner
_____________________
Zoe Sanders Nettles
Attorney for Respondents
Tripp's Amusement Co., Inc.
and Tripp's Inc. |