ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of
Revenue ("Department") against Respondents, Ruppe Enterprises, Inc., d/b/a Ruppe
Amusements, and Ann M. Fuller, d/b/a Ozzie's Silver, d/b/a Ozzie's Gold, for violation of the
Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1996)]. On June 13,
1996, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code
Ann. Section 12-21-2720(A)(3) (Supp. 1996) (referred to as Class III licenses) at a single place
or premises, in violation of Section 12-21-2804(A) and S.C. Code Ann. Regs. 117-190 (Supp.
1996). A Department Determination was issued on December 31, 1996, sustaining the imposition
of the violation. The determination sought revocation of Respondent Ruppe Enterprises, Inc., ten
Class III, licenses, that no licenses will be used for the operation of machines at that location for a
period of six (6) months and a $5,000.00 monetary penalty against each Respondent, Ruppe
Enterprises, Inc. and Ann M. Fuller (individually), for total monetary penalties in the amount of
$10,000.00.
A hearing on this matter was scheduled by the Administrative Law Judge Division
for March 19, 1997. 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. Respondent Ruppe Enterprises, Inc. agrees to surrender the following ten (10)
Class III machine licenses to the Department no later than than ten (10) days following the entry
of this Order: 041694, 041688, 041691, 041692, 041695, 041687, 041686, 041690, 041693,
041689.
2. Respondents further agree not to operate or to allow the operation of the
machines at the rooms known as Ozzie's Silver and Ozzie's Gold located at 1008 S. Alabama
Ave., Chesnee, South Carolina (a diagram depicting the exact location of these rooms is
attached), for a period of six months. This six month suspension also begins no later than ten (10)
days following the entry of this Order.
3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for
this violation as to each of the Respondents set forth herein. The Department further agrees that
the revocation of the licenses cited above does not affect the machines to which those licenses are
attached, and those machines may be re-licensed on other premises.
4. The parties agree that this is a settlement of a contested matter and is not an
admission of wrongdoing by the licensees.
I find the above settlement to be fair and equitable, approve such settlement, and
hereby Order its adoption. As the parties no longer require a hearing on this matter I also Order
this matter Dismissed with Prejudice.
WE SO CONSENT:
By:
Carol I. McMahan
Counsel For Regulatory Litigation
Attorney For Petitioner
By:
James M. Griffin
Attorney For Respondents
AND IT IS SO ORDERED.
Honorable Ralph King Anderson, III
March 26, 1997
Columbia, South Carolina |
