ORDERS:
CONSENT ORDER
This matter was initiated by citation issued by the South Carolina Law Enforcement Division against Respondents on June 1,
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." The South Carolina Department of
Revenue (Department) issued its Final Determination sustaining this violation and imposing a $5,000 fine against each
licensee, revoking nine 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 February 29, 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 June 1, 1999, Respondents agree to the revocation of the nine Class III licenses on the video
poker machines at the location at the time of the violation. Five 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 licenses,
Nos.: 3011878, 3012377, 3011879, and 3011880, no later than 5:00 p.m. on March 1, 2000.
2. Respondents further agree to pay a fine in the amount of $4,500.00 for each of the two locations in violation for a total
monetary penalty of $3,000.00. This amount will be paid no later than 5:00 p.m. on March 1, 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 "Unit 6"
and "Unit 8" on the date of the violation, located 9 Sawmill Road, Kershaw, South Carolina, for a six month period
beginning March 1, 2000 (these areas are 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.
RAY N. STEVENS
Administrative Law Judge
March 6, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:
Zoe Sanders Nettles
Attorney for Respondents |
