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. JS Enterprises, Inc, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
JS Enterprises, Inc., Jono Rabley, and Diversified Enterprises, Inc. of Fort Mill, d/b/a JSW Amusement
 
DOCKET NUMBER:
98-ALJ-17-0435-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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