ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina
Department of Revenue ("Department") against the Respondent for a violation of the Video Games Machines Act ("Act"),
S.C. Code Ann. Sec. 12-21-2804(B) (Supp. 1998) occurring on November 6, 1998. The citation issued to Respondents on
that date was for a violation of that provision of the Act prohibiting the operation of more than five Class III machines at a
single place or premise. S.C. Code Ann. Sec. 12-21-2804(A). Specifically, the Department alleged that the Respondents
Shirley and King of operating a location without the presence of an employee in violation of 27 S.C. Code Regs. Ann.
117-190. The Regulatory Violation and Assessment Report sought the imposition of a $5,000.00 monetary penalty against
Shirley and King d/b/a Azel's Place, as the owner/operator of the location in which the machines were being operated, and
against Tim's Amusement as the owner of the machines. The Department further sought the revocation of five Class III
licenses and the closure of the location for a period of six months. A Final Agency Determination was issued by the
Department sustaining the imposition of the penalty assessed in the violation report.
A hearing was scheduled in this matter before the Administrative Law Judge Division. Prior to the hearing, an agreement
was reached between the parties resolving this matter on the following terms and conditions:
1. The Respondents Shirley and King agree to close the location and premises doing business as Azel's Place (as further
shown on the attached diagram of ASports Club of Abbeville") for a period of six months from the date of the signing of this
Order.
2. The Respondent Tim's Amusements agrees to surrender the three (3) year 2000 Class III Coin Operated Device licenses
sought by the Department in this matter (license numbers 3006435, 306387, and 3006584) to the Department of Revenue by
not later than October 1, 1999. The other two licenses sought in this matter expired on May 31, 1999 and the revocation of
these licenses is therefore considered moot for the purposes of this agreement.
3. In consideration of the voluntary closure of the location for six months and the surrender of the licenses, valued at
approximately $3,900 as of October 1, 1999, the Department waives the remaining monetary fines sought in this action.
Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption and dismiss the Petition in this
matter with prejudice.
_________________________ _______________________
Jeffrey M. Nelson James M. Griffin
Counsel for Regulatory Litigation Attorney for the Respondents
P.O. Box 125 P.O. Box 5
Columbia, SC 29214 Columbia, SC 29202
(803) 898-5172 (803) 779-4600
__________________, 1999 ____________________, 1999
IT IS SO ORDERED.
__________________________
Hon. John D. Geathers
Administrative Law Judge
Columbia, South Carolina
September 29, 1999 |
