ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on July
8, 1999, for violations of
S.C. Code Ann. Section 12-21-2804(A) and 27 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." Respondent was also charged with "failure to post penalty
signs," S.C. Code Ann. Section 12-21-2802 (Supp. 1998) and "failure to affix owner/operator identification," S.C. Code
Ann. Section 12-21-2748 (Supp. 1998). The South Carolina Department of Revenue (Department) issued its Final
Department Determination sustaining this violation and imposing a $15,000 fine against each licensee, revoking ten Class III
machine licenses, and also prohibiting the use of Class III machines at this location for a period of six months. The
Department also imposed fines in the amount of $6,000.00 for the violations of Sections 12-21-2748 and 12-21-2802.
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. For the violation on July 8, 1999, Respondents agree to the revocation of the ten Class III licenses on the video poker
machines at the location at the time of the violation. Respondents agree to surrender these license nos.3021844, 3021846,
3021848, 3021845, 3021847, 3021843, 3021839, 3021840, 3021841, and 3021842, to the Department, no later than 5:00
p.m on March 1, 2000.
2. Respondents further agree not to operate or allow the operation of Class III machines at the physical location of the areas
doing business as "Games People Play VIII" and "Games People Play IX " on the date of the violation, located at 4154
Chesnee Hwy., Mayo, South Carolina, for a six month period beginning March 1, 2000 (this area is accurately depicted on
the attached diagram).
3. For the violations of Sections 12-21-2748 and 12-21-2802, Respondents agree to remit to the Department fines in the
amount of $6,000.00 to be paid as follows:
-Remit the initial $2,000.00 no later than 5:00 pm on March 1, 2000
-Remit the next $2,000.00 no later than 5:00 pm on April 3, 2000
-Remit the final $2,000.00 no later than 5:00 pm on June 1, 2000
4. In consideration of the above, the Department agrees to waive the remaining penalties 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 Respondents no longer require a hearing on this matter, I also Order this
matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
______________________________
Honorable John D. Geathers
Administrative Law Judge
March 6, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:______________________________
James M. Griffin
Attorney for Respondents |
