Nudge-Time Amusements, Inc. | | & | | Case Nos
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STATE OF OHIO CASINO CONTROL COMMISSION IN THE MATTER OF: | | Nudge-Time Amusements, Inc. | | & | | Case Nos. 2020-SLIC-106 Craig Baisley, | 2020-SLIC-107 | Skill-Based Amusement Machine | License Applicants. | SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is entered into by and between Nudge-Time Amusements, Inc., Craig Baisley (“Applicants”), and the Ohio Casino Control Commission, (“Commission”). The Applicants and the Commission shall collectively be referred to as the “Parties.” WHEREAS, the Commission is responsible for the administration and enforcement of R.C. Chapters 2915 and 3772 and the rules adopted thereunder, the provisions of which regulate skill- based amusement machines in the State of Ohio, including the licensing of key employees, vendors, operators, and locations; WHEREAS, on July 2, 2018, the Applicants applied for skill-based amusement machine licensure: a Type-C Operator License and a Key Employee License. On February 12, 2020, the Commission, pursuant to its authority to regulate the licensing and conducting of skill-based amusement machines in this State, notified the Applicants of its intent to deny their applications based on a preliminary determination that they had failed to establish their suitability by clear and convincing evidence; WHEREAS, the Applicants requested a hearing to further substantiate their suitability for licensure. Due to COVID-19 concerns, the initial hearing date was postponed and since has been rescheduled to allow the Parties to resolve the matter by this Agreement; and WHEREAS, in lieu of the administrative-hearing process, the Parties intend to resolve this matter in the manner set forth below. NOW, THEREFORE, in consideration of the mutual promises contained and with intent to be legally bound, the Parties AGREE as follows: 1) After receipt of the required licensing and transaction fees, the Commission shall issue a Type- C Skill Based Amusement Machine Operator License and Skill-Based Amusement Machine Key Employee License to the Applicants for a period of three years from the date of issuance. 2) Applicants agree, during the period of licensure described in Paragraph 1, to not operate a skill-based amusement machine or game-related technology in Ohio unless the machine is Page 1 of 4 approved by the Commission and appears in the database described under Ohio Adm.Code 3772-50-25(I) as of the effective date of this Agreement and as more fully described in Exhibit A (attached hereto and incorporated herein). 3) Applicants will: a) Submit to the Commission, no later than June 1st and December 31st of each year, financial statements showing: (1) the profits of the skill-based amusement machines and game-related technology being operated, in total and on an individual basis, and (2) the prize amounts paid out for each skill-based amusement machine and game- related technology at each location; b) Permit the Commission and its representatives to review and audit the skill-based amusement machines and game-related technology related to the information supplied under Paragraph 3a; and c) Not place any skill-based amusement machines or game-related technology at a location until the location has obtained from the Commission the appropriate license for that location, including any applicable key employee license(s). 4) The reports submitted pursuant to Paragraph 3a do not negate the Applicants’ requirement to submit annual reports to the Commission pursuant to Ohio Adm.Code 3772-50-12. 5) Applicants are under a duty to update any and all information that they are required to provide to the Commission pursuant to the provisions of R.C. Chapters 2915 and 3772 and Ohio Adm.Code Agency 3772, which must be submitted in writing within ten calendar days of the change or occurrence warranting the update. 6) Neither the Applicants themselves nor any of their skill-based amusement machines or game- related technology, employees, agents, manufacturers, suppliers, distributors, or other associates or affiliates will pay out cash of any amount or any other prohibited prize, as described in R.C. Chapters 2915 and 3772 and Ohio Adm.Code Chapter 3772-50, as a result of or for playing, operating, or otherwise activating or interacting with the Applicants’ skill- based amusement machines or game-related technology. 7) Applicants will comply with the provisions of Ohio Adm.Code 3772-50-15 and will neither depict any skill-based amusement machine or game-related technology not listed in the Commission’s database described under Ohio Adm.Code 3772-50-25(I) as of the effective date of this Agreement and as more fully described in Exhibit A nor depict any prohibited prize, including cash. 8) Applicants will comply with all requirements of R.C. Chapters 2915 and 3772 and Ohio Adm.Code Agency 3772. 9) Applicants will immediately suspend, with or without further order of the Commission, all skill-based amusement machine activities in Ohio upon receipt of a Notice of Opportunity for Hearing or a Notice of Violation alleging, in whole or in part, violation of the this Agreement until the Commission reaches a final determination regarding the violation. Page 2 of 4 10) Any violation of R.C. Chapters 2915 or 3772, Ohio Adm.Code Agency 3772, or this Agreement is a basis for the Commission to initiate administrative action against the Applicants, including, but not limited to, suspension or revocation of the license issued pursuant to Paragraph 1, imposition of a fine or penalty, or denial of any subsequent application. 11) Pursuant to this Agreement, Commission Case Nos. 2020-SLIC-106 and 2020-SLIC-107 are ADMINISTRATIVELY CLOSED. Accordingly, the Commission makes no specific findings regarding the allegations described in the Notices of Opportunity of Hearing issued in those cases. 12) The Parties have read and understand this Agreement and have entered the same knowingly, voluntarily, and with the opportunity to gain advice of counsel. 13) This Agreement is binding upon the Parties and any and all successors, assigns, subsidiaries, agents, employees, or representatives of the Parties or any other affiliates. 14) This Agreement (including Exhibit A) contains the entire agreement between the Parties and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter. The Agreement may be modified only by a further writing that is duly executed by the Parties. 15) This Agreement is governed by Ohio law. And any claim or dispute arising from it will be adjudicated before the Commission, consistent with Paragraphs 9 and 10, or a court of competent jurisdiction in Franklin County, Ohio, as applicable. 16) This Agreement is entered into by the Parties and may be executed in counterparts or facsimiles, each of which will be deemed an original, but all of which will constitute one and the same instrument. This Agreement is effective upon the last signature of the Parties and will remain in effect until the Applicants’ initial licenses are renewed or are no longer active, whichever occurs first. 17) The provisions of this Agreement are severable and independent; and if any provision is determined to be unenforceable, in whole or in part, the remaining provisions and any partially enforceable portion of the subject provision is nevertheless binding and enforceable. (Remainder of page intentionally left blank; signature page follows.) Page 3 of 4 IN WITNESS WHEREOF, the Parties to this Agreement have either executed it or caused it to be executed by their duly authorized representatives. Accepted by: ___________________________________ ________________________ Nudge-Time Amusements, Inc. Date By: Craig Baisley, President ___________________________________ ________________________ Craig Baisley, Individual Capacity Date ___________________________________ _February 17, 2021_________ Ohio Casino Control Commission Date By: June E. Taylor, Chair Page 4 of 4 Exhibit A‐List of Approved Skill‐Based Amusement Machines Game Record Game Title Model Number Game Type G‐0000000672 Impulse Crane 3.06 B G‐0000000606 Candy Factory 24" models B G‐0000000608 Waterfuls 2018 Rev. BC G‐0000000637 Raptor Capture standard model C G‐0000000636 Pharaoh's Revenge 4 player models C G‐0000000632 Mega Stacker version 1.3.4 C G‐0000000634 Mega Oct‐O‐Score Mini Mega Single Player C G‐0000000635 Pac‐Man Swirl US Version C G‐0000000633 Mega Stacker Lite single player‐standard C G‐0000000628 Gold Fishin' standard models C G‐0000000614 Big One Crane All models B G‐0000000643 Deal or No Deal Standard‐Manual Rev. D 2008 C G‐0000000651 Sea Wolf Standard model rev. 11‐12‐12 C G‐0000000649 Slam‐A‐Winner X‐Treme 82‐MAN‐01‐AC G‐0000000646 Deal or No Deal Standard‐Mega Bonus C G‐0000000619 Whac‐A‐Mole Special Edition (SE) Ver. 3C G‐0000000641 Deal or No Deal Standard‐Manual Rev. D 2008 C G‐0000000642 Deal or No Deal Standard‐Manual Rev. D 2008 C G‐0000000639 Deal or No Deal Street Model C G‐0000000640 Deal or No Deal Standard‐Manual Rev. D 2008 C G‐0000000644 Deal or No Deal Street/Bar Model Rev. EC G‐0000000650 Slam‐A‐Winner 61‐MAN‐BC G‐0000000645 Deal or No Deal Standard‐Mega Bonus C G‐0000000647 Deal or No Deal Standard‐Mega Bonus C G‐0000000648 Deal or No Deal Standard‐Mega Bonus C G‐0000000625 Galaga Assualt standard model C G‐0000000616 Blast Off Man. 990136 C G‐0000000627 Lane Master D&B models C G‐0000000630 Jumpin' Jackpot standard 1 player C G‐0000000607 Super Bounce 24" models B G‐0000000656 Piano Keys Standard C G‐0000000678 Space Jump 168MAN001 C G‐0000000631 Monster Hunt Grand/Single Player C G‐0000000623 Frogger 1‐17‐11 Rev. BC G‐0000000609 King of Hammer II Deluxe Deluxe Models C G‐0000000615 Black Out Version 1.1 B G‐0000000617 Bling King MA925 B G‐0000000611 Grand Fun Alley Standard models C G‐0000000612 Winner's Edge version WE‐1.06 B G‐0000000655 Connect Four Hoops Standard C G‐0000000657 Trolls Standard C G‐0000000626 Let's Bounce Version 9C G‐0000000658 Willy Crash Standard C G‐0000000629 Infinity Blade TFX1 C G‐0000000624 Gear It Up Version 1C G‐0000000622 Flaming Finger standard models C G‐0000000620 Crazy Clock D&B Rev.