ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the above-named Respondents of a citation issued by the Petitioner
South Carolina Department of Revenue (Department) against the Respondents by the South Carolina Law Enforcement
Division for a violation of S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998) and 27 S.C. Code Ann. Regs. 117-190
(Supp. 1998) on May 6, 1999. The Regulatory violation and assessment report issued by the Department sought the
imposition of three $5,000 fines against the Respondents for these violations, the revocation of fifteen Class III COD
machines and a six month prohibition on the operation of Class III machines on the cited premises. A Final Agency
Determination issued by the Department on August 11, 1999 sustained the fine and penalties.
This matter was transmitted to the Administrative Law Judge Division for a contested case hearing and a hearing was
scheduled before the Honorable Ralph King Anderson, III, on January 6, 2000. Prior to the hearing being held in this matter,
the parties informed the court that they had reached a compromise under the following terms and conditions:
1. Respondents admit to two violations of the "single place or premise" provision of Section 12-21-2804(A) and Regulation
117-190 as to the locations doing business as Wildcard I and Wildcard II, located at 123 Main Street, Lamar, South
Carolina, on or about May 6, 1999.
2. Respondent Toucan Entertainment agrees to pay a fine of $1,000 to the Department by no later than February 1, 2000.
3. Respondent Toucan Entertainment further agrees to the imposition of a six month prohibition on the use of any Class III
COD machines on the premises of the businesses licensed and doing business as Wildcard I and Wildcard II at 123 Main
Street, Lamar, South Carolina, as further shown on the diagram attached hereto as Exhibit 1, beginning February 1, 2000.
4. Respondent Tim's Amusement agrees to the revocation of the ten (10) Class III licenses in use in Wildcard I and Wildcard
II on May 6, 1999. Six (6) of these licenses expired on May 31, 1999. Respondent Tim's Amusement agrees to surrender
the current year 2000 licenses bearing license numbers 3004714, 3004698, 3004700 and 3004641 to the Department of
Revenue by no later than February 1, 2000. The remaining value of these licenses, effective February 1, 2000, being
estimated at $2,656.
5. In consideration for the above stated agreement, payment and license forfeiture, the Department agrees to waive the
remaining monetary fines and penalties sought in this action as to both
Respondents.
6. The parties agree and understand that this constitutes a final settlement of the violations alleged in this action.
Having reviewed this agreement and the terms thereof, 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 Tim's Amusement
S.C. Department of Revenue P.O. Box 5
P.O. Box 125 Columbia, S.C. 29202
Columbia, S.C. 29214 (803) 779-4600
(803) 898-5172
_____________________________
Edward E. Saleeby, Jr.
Attorney for Toucan Entertainment
P.O. Box 519
Hartsville, S.C. 29551
(843) 332-1531
AND IT IS SO ORDERED.
_____________________________
Ralph King Anderson, III
Administrative Law Judge
February 7, 2000
Columbia, South Carolina |
