ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against
Respondent for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998)]. On
October 23, 1998, Respondent was cited for failing to have an employee present in each business 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. Respondent agrees to the revocation of the following machine licenses: 3007760, 3007777, 3007779. These licenses will
be surrendered to the Department no later than 5:00 p.m. August 30, 1999
2. Respondent further agrees that no Class III machines will be permitted to operate at the physical location doing business
as "Lucky's Corner", 3715 East North Street, Greenville, South Carolina, for a period of six months from August 30, 1999
(see attached diagram).
3. The above referenced machines will be able to be relicensed and operated at any other location during the 180-day
period.
4. In consideration of the above, the Department agrees to waive the remaining monetary fines sought for this violation.
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 Respondent no longer require a hearing on this matter, I also Order the
matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
_______________________________
Honorable Ralph King Anderson III
Administrative Law Judge
August ____, 1999
Columbia, South Carolina
WE SO CONSENT:
By: _____________________
Carol I. McMahan
Attorney for Petitioner
_____________________
Steve W. Sumner
Attorney for Respondent
MSM, Inc., d/b/a Lucky's Corner
State of South Carolina
Department of Revenue
301 Gervais Street, P.O. Box 125, Columbia, South Carolina 29214
August 4, 1999
STEVE W SUMNER
ATTORNEY AT LAW
114 MANLY STREET
GREENVILLE SOUTH CAROLINA 29601
RE: South Carolina Department of Revenue v. MSM, Inc., d/b/a Lucky's Corner
Docket Number 99-ALJ-17-0284-CC
Dear Mr. Sumner:
Enclosed is the Consent Order for the above referenced matter. Please sign and return to me at your earliest convenience.
If you have any questions or need additional information, please do not hesitate to call me at (803) 898-5163.
Sincerely,
Carol I. McMahan
Counsel for Regulatory Litigation
CIM/cpc
Enclosure
STEVE W SUMNER
ATTORNEY AT LAW
114 MANLY STREET
GREENVILLE SOUTH CAROLINA 29601 |
