ORDERS:
CONSENT ORDER
This matter was initiated by a citation issued by the South Carolina Department of Revenue
("Department") against Respondents for violation of the Video Games Machines Act [S.C. Code
Ann. Section 12-21-2804(A) (Supp. 1997)]. On February 20, 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 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 based on Respondents' failure to have a
separate employee on each premises as required by Regs. 117-190. The determination sought
revocation of Respondent Jono Rabley's five and Diversified Enterprises, Inc.'s five Class III
licenses, that no licenses will be used for the operation of machines at this location for a period of
six months and a monetary penalty in the amount of $5,000 against each Respondent.
Prior to a hearing on this matter, the parties entered into a consent agreement resolving the
matter. That agreement is incorporated into this Order.
The agreement between the parties is as follows:
1. For the violation of Section 12-21-2804(A) and Regs. 117-190, failure to have an
employee on each premises during business hours, Respondents Jono Rabley and Diversified
Enterprises, Inc., agree to the revocation of the ten Class III licenses in use at Sam's Room and
Winner's Circle, located at 940 Gold Hill Road, Fort Mill, South Carolina, on September 24, 1997.
As these licenses have expired, the Department does not require their surrender.
2. Respondents further agree not to operate or to allow the operation of Class III
machines in the physical location of the rooms, at the time of the violation, doing business as Sam's
Room and Winner's Circle, located at the address noted in No. "1" above. These areas are accurately
depicted on the attached diagram. This six month suspension begins Monday, August 17, 1998.
3. Respondents further agree to remit to the Department a monetary fine in the amount
of $500.00 for each room the two rooms in violation (total amount of fine $1,000). This payment
will be remitted to the Department no later than 5:00 p.m. on Monday, August 17, 1998.
4. In consideration of the above, the Department agrees that the revocation of the
licenses as set forth above does not affect the machines to which those licenses were attached, and
those machines may be re-licensed on other premises. The Department further agrees to waive the
remaining monetary penalties sought for this violation as to each Respondent.
I find the above agreement to be fair and equitable, approve such settlement, and hereby
Order its adoption. The 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
August 25, 1998
Columbia, South Carolina.
We Consent:
___________________________
Carol I. McMahan
Counsel for Regulatory Litigation
___________________________
Robert Rikard
Attorney for Respondents |
