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 Gaming Machines Act S.C. Code Ann. Section 12-21-2804(A)(Supp. 1998). On
December 4, 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. Regs. 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 Second Chance Enterprises agrees to remit to the Department a monetary fine in the amount of $1500.00, no
later than September 1, 1999.
2. Respondents further agree not to operate or allow the operation of any Class III licenses or machines at the physical
location of the rooms designated as Jupiter, Saturn, or Pluto at 2211 2nd Loop Road, Florence, South Carolina for a period
of six months beginning on September 1, 1999.
3. Forfeiture of licenses 3017313, 3017314, 3017315, 3017341, 3017342, 3017316, 31017317, 3017318, 3017319,
3017320, 3017326, 3017327, 3017328, 3017329, 3017330 on or before September 1, 1999.
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 Respodents no longer require a hearing in this matter, I also order this
matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
_________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
August 6, 1999.
Columbia, South Carolina.
WE SO CONSENT:
_________________________________
Jeffrey Nelson
Attorney for the Petitioner
_________________________________
Zoe Sanders Nettles
Attorney for the Respondents
Stephen Lipscomb d/b/a American Amusement Co.
________________________________
Randy Hough
Attorney for the Respondent
Second Chance Enterprises |
