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. Jimmy L. Martin, Sr.; and Wendy Fulmer, d/b/a Anne Dee's and d/b/a Joanne's Deli

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Jimmy L. Martin, Sr.; and Wendy Fulmer, d/b/a Anne Dee's and d/b/a Joanne's Deli
 
DOCKET NUMBER:
00-ALJ-17-0394-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by citations issued by the South Carolina Law Enforcement Division (SLED) against Respondents on February 17, 2000, for violations of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regulation 117-190 (Supp. 1999), for operating and maintaining more than five Class III machines (Class III machines are video poker machines licensed pursuant to S.C. Code Ann. Section 12-21-2702(A)(3) (Supp. 1999)) at a "single place or premises." The South Carolina Department of Revenue (Department) issued its Final Department Determination sustaining this violation and imposing monetary fines against each licensee, revoking licenses, and prohibiting the use of licenses for a six month period. Respondent appealed the matter and it was transmitted to the Administrative Law Judge Division (Division).



Prior to the hearing, the parties resolved the matter. That resolution is incorporated in this Order.



The agreement between the parties is as follows:



1. For the violation on February 17, 2000, Respondents agree to the revocation of the following five Class III licenses: 3150222, 3150223, 3150224, 3150225, and 3150229. These licenses will be surrendered to the Department no later than 5:00 p.m. on September 7, 2000.



2. Respondents also agree not to operate or allow the operation of Class III machines at the physical location of the area doing business as the "Anne Dee's" located at 1350 Sand Bar Ferry Road, Beech Island, South Carolina, for a six month period beginning July 1, 2000. Respondents also agree to remit to the Department a monetary fine of $1,000.00 no later than 5:00 p.m. on September 7, 2000.



3. In consideration of the above, and based on the facts of this case, the Department agrees to waive the remaining penalties sought for this violation.



I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retains continuing jurisdiction to enforce this Order. As Respondents no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.



AND IT IS SO ORDERED.





                                                                        

RAY N. STEVENS

Administrative Law Judge



September 6, 2000

Columbia, South Carolina



WE SO CONSENT:



By:                                                               

Carol I. McMahan

Attorney for Petitioner



By:                                                               

Eric Bland

Attorney for Respondents


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