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Administrative Law Court
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SC Administrative Law Court Decisions

SCDOR vs. Herbert M. Rosenberg, Inc., et al

South Carolina Department of Revenue

South Carolina Department of Revenue

Herbert M. Rosenberg, Inc., Sam H. Furman, Inc., d/lo/a Furman Games
98-ALJ- 17-0030-CC




This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for violations of the Video Game Machines Act [S.C. Code Ann. Sections 12-21-2804(A) and 12-21-2802 (Supp. 1997)]. On July 31, 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" machines) 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). Respondent Rosenberg was also cited for failing to have penalty signs as required by Section 12-21 -2802. A Department Determination was issued sustaining the imposition of the violations. The determination sought revocation of Respondent Sam Furman Inc.'s ten Class III machine licenses, that no licenses will be allowed for use in the location for a period of six months and a $5,000.00 monetary penalty against each Respondent for the single place or premises violation. Additionally, the determination sought a monetary penalty of $1,800.00 for the failure to post penalty signs ($300.00 for each Class III machine that failed to have the required penalty


Prior to the hearing, the parties worked out an agreement resolving the matter.

That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondents admit the violation of Section 12-21-2804(A) on July 31, 1997. Respondent Furman Inc. further agrees to the revocation of Class III machine license numbers 3809185, 3809493, 3927106, 3927107, 3927108, 3813761, 3813762, 3813763, 3813764, and 3813765. Respondent further agrees to surrender these licenses no later than 5:00 p.m. on April 24, 1998.

2. Respondents further agree not to operate or allow the operation of any Class III machines at the location 109 Branch Street, Abbeville, South Carolina, as depicted on the attached diagram, for a period of six months from April 24, 1998.

3. Respondent Rosenberg agrees to remit to the Department a monetary penalty in the amount of $1,200.00, for the violation of Section 12-21-2802 ($200.00 for each Class III machine that failed to have the required penalty sign). Respondent Rosenberg further agrees to remit this amount to the Department no later than 5:00 p.m. on April 24, 1998.

4. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to each Respondent.

5. All parties understand and agree that the terms as set forth above constitute the full and final resolution of this matter.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. As the parties no longer require a hearing on this matter I also Order this matter Dismissed with Prejudice.



Honorable Alison Renee Lee

Administrative Law Judge

April 7, 1998

Columbia, South Carolina


By: _________________________

Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner

By: ________________________

Richard A. Harpootlian

Robert A. Rikard

Attorneys for Respondents

Brown Bldg.






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