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(A) (Supp. 1998) occurring on January 8, 1999. The citation issued to the Respondent 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 the Respondent of
operating a location without the presence of an employee and without separate electric utility meter 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 the Respondent, 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 Court on October 4, 1999. Prior to the hearing, an agreement was reached
between the parties resolving this matter on the following
terms and conditions:
1. The Respondent Hudson River Trading Ltd. agrees to close the location doing business as Gold River at 239 Herring
Rd., Fair Play, South Carolina, for a period of six months effective November 4, 1999 through May 3, 2000.
2. The Respondent further agrees to either: the voluntary revocation of five (5) Class III COD licenses (numbers 3007689,
3007690, 3007691, 3007698, and 3007686) to be remitted to the Department on November 4, 1999, OR, the payment of a
fine in the amount of $5,800 to the Department of Revenue on November 4, 1999; such amount representing the value of the
aforesaid licenses on that date.
3. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1998) to waive the remaining monetary
penalties sought for this violation from the Respondent.
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 Robert P. Lusk, Esq.
Counsel for Regulatory Litigation Attorney for the Respondent
P.O. Box 125 P.O. Box 1286
Columbia, SC 29214 Anderson, SC 29622
(803) 898-5172 (864) 224-2597
IT IS SO ORDERED.
___________________________
Hon. C. Dukes Scott
Administrative Law Judge
Columbia, South Carolina
October 25, 1999 |