ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the 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) and Regulation 117-190 on March 3, 1999. The Regulatory Violation
and Assessment Report issued by the Department sought the imposition of $15,000.00 in fines, the revocation of 15 Class III
machine licenses and the closure of the three rooms found to be in violation for a period of six months. A Final Agency
Determination issued by the Department on December 9, 1999 sustained the fine.
This matter was transmitted to the Administrative Law Judge Division to for a contested case hearing on May 12, 2000, and
subsequently rescheduled for June 1, 2000. Prior to a hearing being scheduled in this matter, the parties informed the Court
that they had reached a compromise under the following terms and conditions:
1. Respondents admit to a violation of the single place or premise requirement contained in Section 12-21-2804(A) on or
about March 9, 1999.
2. The Respondent GAMECO, Inc. agrees to remove all Class III video game machines from the rooms doing business as
"Play to Win" and "Win 2 Play" and to refrain from operating any such machines on the premises of these rooms for a period
of six months commencing on June 1, 2000.
3. The Respondent GAMECO, Inc. further agrees to pay a fine in the amount of $1,000 and to make payment of such fine
to the Department of Revenue within thirty (30) days of the date of this Order.
4. As to the Respondent Tim's Amusement, the fifteen (15) Class III licenses at issue in this matter all expired on May 31,
1999 and their revocation is therefore considered moot for the purposes of this agreement. Further, on the basis of the
South Carolina Supreme Court's Order in the matter of S.C. Dept. of Revenue v. Collins Entertainment Corp. (Op.No.
25110, Apr. 17, 2000) and the lack of any evidence that Tim's Amusements was directly involved in the business operation
of GAMECO, Inc. or the premises found to be in violation, the Department hereby waives the monetary fines previously
sought against Tim's Amusements.
4. In consideration for the above stated agreement and payment, the Department agrees to waive the remaining monetary
fines and penalties sought against GAMECO, Inc. in this action.
5. The parties agree and understand that this constitutes a final settlement of this matter.
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 the Respondent
S.C. Department of Revenue Post Office Box 5
P.O. Box 125 Columbia, S.C. 29202
Columbia, SC 29214 (803) 779-4600
(803) 898-5172 Attorney for Tim's Amusements, Inc.
__________________________
David E. Belding
P.O. Box 11964
Columbia, SC 29201
(803) 748-1222
Attorney for GAMECO, Inc.
IT IS SO ORDERED
_________________________
Hon. John D. Geathers
Administrative Law Judge
________________, 2000
Columbia, SC |
