South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Brian Scott Rhodus, d/b/a The Game Room, David Craft, Clifford Carlyle

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Brian Scott Rhodus, d/b/a The Game Room, David Craft, Clifford Carlyle
 
DOCKET NUMBER:
97-ALJ-17-0325-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by citation by the South Carolina Department of Revenue ("Department") against Respondents for Violation of the Video Game Machines Act {S.C. Code Ann. Section 12-21-2804(A)(Supp. 1996)]. On November 26, 1996, Respondents were 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 27 S.C. Code Ann. Regs. 117-190 (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation. The determination imposed revocation of Respondents David Craft's and Clifford C. Carlyle's nine (9) Class III licenses, that no licenses will be used for the operation of machines at that location for a six (6) months and a monetary penalty in the amount of $5,000.00 against each Respondent.

Prior to the hearing on September 17, 1997, the parties worked out a agreement of this matter. That agreement is incorporated into this order.

1. Respondent David Craft admits he is the owner of Class III license Nos.

028558, 028550, 028557, 028559, 028555, 029308, 029311, and 028561

maintained for the operation of video poker machines at 5521 Rivers Ave.,

North Charleston, South Carolina, in the locations known as Budget Check

Cashing and The Game Room, on November 26, 1996.

2. Respondent Clifford Carlyle admits he is the owner of Class III license No.

029017 maintained for the operation of video poker machines at 5521 Rivers

Ave., North Charleston, South Carolina, in the location known as The Game

Room, on November 26, 1996.

3. Respondents further admit that the locations known as "Budget Check Cashing"

and "The Game Room" located at 5521 Rivers Ave., North Charleston, South Carolina, were open for business on November 26, 1996. Respondents also admit

that the location did not meet the requirements for Section 12-21-2804(A) and

Regs. 117-190 on November 26, 1996.

4. Respondents admit the violation and submit to revocation of the nine(9) licenses

noted above and to a monetary penalty in the amount of $500.00.

5. Respondents agree not to operate, and to prohibit the use of Class III licenses

and machines at the location Budget Check Cashing, located at 5521 Rivers Ave., North Charleston, South Carolina, for a period of six months. This six month

suspension is effective upon my signing of this order.

6. In consideration of the above, the Department waives the remaining monetary

penalty as to all Respondents.

7. As the nine (9) licenses located at 5521 Rivers Ave., North Charleston, South Carolina, on November 26, 1996, have expired, the Department no longer seeks

their surrender.

I find the above settlement to be fair and equitable to all parties, 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.



WE SO MOVE



By:

Carol I. McMahan

Counsel for Regulatory Litigation

Attorney for Petitioner



WE SO CONSENT



By:

D. Mark Stokes

Attorney for Respondents



AND IT IS SO ORDERED.



JOHN D. GEATHERS

Administrative Law Judge



September 23, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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