ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on
August 18, 1999, for a violation of S.C. Code Ann. Section 12-21-2804(C) (Supp. 1998), for paying out from a machine
licensed pursuant to S. C. Code Ann. Section 12-21-2720(A)(3)(Supp. 1999) (commonly referred to as "Class III" machines
and licenses) to an individual under the age of twenty-one. The South Carolina Department of Revenue (Department) issued
its Final Department Determination sustaining this violation and seeking revocation of Respondent Tim's Amusement, Inc.'s
five Class III licenses at the location and Respondent Southtek Inc.'s retail license. Respondents appealed the determination
and it was transmitted to the Administrative Law Judge Division (Division) for a hearing.
Prior to the hearing, Respondent Southtek and the Department resolved the issue between them. That resolution is
incorporated in this Order.
The agreement between the parties is as follows:
1. For the violation on August 18, 1999, Respondent Southtek agrees to remove all Class III video poker machines from the
physical location of the area doing business as Southtek Services, LLC, d/b/a The Court, on the day of the violation, located
at 2365 Aviation Avenue, North Charleston, South Carolina. Respondent Southtek will remove these machines no later than
midnight of March 31, 2000. Respondent further agrees not to place, operate, nor maintain, nor permit the placement,
operation, and/or maintenance of Class III machines at or in this location in the future.
2. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation as to
Respondent Southtek.
3. Respondent Tim's Amusement Inc. is unaffected by this agreement and will continue to pursue its appeal of the violation
charged in this case.
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 Southtek no longer requires a hearing on this matter, I also
Order as to Respondent Southtek, this matter is Dismissed with Prejudice.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
April 6, 2000
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:
Kenneth Allen
Attorney for Respondent, Southtek Services, LLC
By:
James M. Griffin
Attorney for Respondent, Tim's Amusements, Inc. |
