ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on April
20, 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)) at a single place or premises. A Final Department Determination was issued sustaining
this violation and imposing a $5,000 fine against each licensee, revoking five 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 April 20, 1999, Respondents agree to the revocation of the following Class III licenses: 3951949,
3951950, 3011887, 3011888, and 3011889. Because the licenses 3951949 and 3951950 have expired during the pendency
of this appeal, the Department does not require their surrender. Respondents agree to surrender the three remaining licenses
no later than 5:00 p.m., December 1, 1999.
2. Respondents further agree to pay a fine in the amount of $500.00, no later than 5:00 p.m. on December 1, 1999.
Respondents also agree not to operate or allow the operation of Class III machines at the location Britt's Gameroom, 1026
Mt. Gallant Rd., Rock Hill, South Carolina, for a period of six months from December 1, 1999 (this physical premises is
accurately depicted on the attached diagram).
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 Carolyn C. Matthews
Administrative Law Judge
September 29, 1999.
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:______________________________
Zoe Sanders Nettles
Attorney for Respondent Tripp's Amusement Company, Inc.
By:
Randolph Hough
Attorney for Respondent Britt's Inc. |