ORDERS:
CONSENT ORDER
This matter was initiated by citations issued by the South Carolina Law Enforcement Division against Respondents on
December 11, 1998, for violations of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 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." The South Carolina
Department of Revenue (Department) issued its Final Determination sustaining this violation and imposing a $5,000 fine
against each licensee, revoking fourteen Class III machine licenses, and also prohibiting the use of Class III machines at this
location for a period of six months. Respondents appealed the matter and it was transmitted to the Administrative Law
Judge Division (Division).
Prior to the hearing scheduled for January 27, 2000, 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 December 11, 1998, Respondents agree to the revocation of the fourteen Class III licenses on the
video poker machines at the location at the time of the violation. Eight of these licenses have expired during the pendency of
this appeal, as such, the Department does not require their surrender. Respondents agree to surrender the remaining six
licenses: 3007793, 3007794, 3007795, 3007450, 3007451, and 3007790, no later than 5 p.m. on February 27, 2000.
2. Respondent Punjab Petroleum, Inc., further agrees to pay a fine in the amount of $500 for each of the three locations in
violation for a total monetary penalty of $1,500. This amount will be paid no later than 5 p.m. on February 27, 2000.
Respondents also agree not to operate or allow the operation of Class III machines at the physical locations of the areas
doing business as "the Jefferson Room," "the Lincoln Room," and "the Washington Room," on the date of the violation,
located at 1625 White Horse Road, Greenville, South Carolina, for a six month period beginning February 27, 2000 (these
areas accurately depicted on the attached diagram.)
3. In consideration of the above, the Department agrees to waive the remaining penalties sought for these violations.
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 Respondents no longer require a hearing on this matter, I also Order this
matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
February 7, 2000
Columbia, South Carolina
WE SO CONSENT:
By:_____________________________
Carol I. McMahan
Attorney for Petitioner
By:_____________________________
Zoe Sanders Nettles, Attorney for Stephen Lipscomb
d/b/a American Amusement of Greenville-Spartanburg, Inc.
By:_____________________________
Robert P. Lusk, Attorney for Punjab Petroleum, Inc. |