ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department")
against Respondents for a violation of the Video Game Machines Act [S.C. Code Ann. Sections 12-21-2804(A)
(Supp. 1997)]. On August 6, 1997, Respondents were cited for having more than five licenses acquired pursuant
to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (referred to as "Class III" machines and licenses) at a
single place or premises, in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp.
1997). A Department Determination was issued sustaining the imposition of the violation. The determination
sought revocation of Respondent York Amusement Co., Inc.'s ten Class III machine licenses, that no licenses will
be allowed for use in the location for a period of six months from the date of revocation and a $5,000.00 monetary
penalty against each Respondent.
Prior to the hearing, the parties worked out an agreement resolving the matter.
That agreement is incorporated into this Order.
The agreement between the parties is as follows:
1. Respondents admit that on August 6, 1997, there were no employees on the premises of the "Socastee
Room" and the "Murrells Inlet Room," located at 2505 Hwy. 17S, Myrtle Beach, South Carolina. Each of these
two areas contained five Class III video poker machines and licenses. Respondent York Amusement agrees to the
revocation of these ten licenses. It further agrees to surrender Class III license nos. 3806632, 3814852, 3806381,
3807363, 3807364, 3808296, 3808297, 3807158, 3807157, and 3807156, to the Department, no later than 5:00
p.m. on May 15, 1998.
2. Respondents further agree not to operate or allow the operation of any Class III machines at the physical
location of the rooms, at the time of the violation, doing business as the Socastee Room and Murrells Inlet Room,
located at 2505 Hwy. 17 S. Myrtle Beach, South Carolina, as depicted on the attached diagram as the shaded areas,
for a period of six months from May 15, 1998.
3. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought
for this violation as to each Respondent.
5. All parties understand and agree that the terms as set forth above constitute the full and final resolution
of this matter.
I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. This
Court retains continuing jurisdiction to enforce this Order. As the parties no longer require a hearing on this matter
I also Order this matter Dismissed with Prejudice.
AND IT IS SO ORDERED.
________________________
Honorable Alison Renee Lee
Administrative Law Judge
May ___, 1998
Columbia, South Carolina
WE SO CONSENT:
By: ___________________
Carol I. McMahan, Counsel for
Regulatory Litigation
Attorney for Petitioner
By: __________________
Richard A. Harpootlian
Attorney for Respondents |
