ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on
February 26, 1999, for a violation of
S.C. Code Ann. Section 12-21-2804(A) and 23 S.C. Code Ann. Regulation 117-190 (Supp. 1998), for operating and
maintaining more than five Class III machines (Class III machines are video poker machines licensed pursuant to S.C. Code
Ann. Section 12-21-2720(A)(3)). A Final Department Determination was issued sustaining this violation and imposing a
$5,000 fine against each licensee, revoking four Class III machine licenses, and also prohibiting the use of Class III machines
at this location for a period of six months. Respondent 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 February 26, 1999, Respondents agree to the revocation of the following Class III licenses:
3932777, 3932779, 3932780, and 3932782. Because the licenses have expired during the pendency of this appeal, the
Department does not require their surrender.
2. Respondents further agree to pay a fine in the amount of $500.00, no later than 5:00 p.m. on November 1, 1999.
Respondents also agree not to operate or allow the operation of Class III machines at the location USA Express 3, located at
989 S. Anderson Road, Rock Hill, South Carolina, for a period of six months from November 1, 1999 (this physical
premises is accurately depicted on the attached diagram). Respondent has admitted he does not intend to reopen.
3. 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 requires a hearing on this matter, I also Order this
matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
______________________________
Honorable Ralph King Anderson, III
Administrative Law Judge
October 26, 1999
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:______________________________
James M. Griffin
Attorney for Respondents |
