ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Sam H. Furman of a
citation issued by the Petitioner South Carolina Department of Revenue ("Department") and the
South Carolina Law Enforcement Division against the Respondent for a violation of S.C. Code
Ann. Section 12-21-2804(A) of the South Carolina Video Games Machine Act on February 11,
1998. The citation issued to the Respondent was for a violation of the "single place or premise"
provision of Section 12-21-2804(A) and the "separate employee" requirement contained in
Regulation 117-190. The Regulatory violation and assessment report issued by the Department
sought the imposition of a $5000.00 fine against the Respondent for this violation, the revocation
of the five Class III COD licenses, and the closing of the room found to be in violation for a
period of 6 months. A Final Agency Determination was issued by the Department on May 13,
1998 which sustained the fine and penalties.
This matter was set for a contested case hearing before the Hon. Stephen P. Bates of the
Administrative Law Judge Division on December 3, 1998. Prior to the hearing, the parties
requested that such be canceled on the basis of the parties having reached a Settlement
Agreement in the following particulars:
1. Respondent agrees to pay a fine to the Department in the amount of $2,500.00 within
thirty (30) days of the signing of this Order.
2. Respondent further agrees to close the room doing business as "Golden Lanes" located
at 1137 Reynolds Avenue, Greenwood, South Carolina, and as further indicated on the attached
Exhibit A, for a period of six months commencing on the date of the signing of this Order.
3. As all of the Class III COD licenses in use at "Golden Lanes" on the date of the
inspection expired on May 31, 1998, the requested revocation of these licenses is waived by the
Department.
4. The Department further waives its request for the remainder of the $5,000.00 fine
initially sought in this action.
5. The parties agree and understand that this constitutes a final settlement of this matter.
Having reviewed this agreement, and having determined it to be a fair and equitable
settlement of the action herein, I hereby ORDER its adoption and dismiss the Petition in this
matter with prejudice.
________________________________ _______________________________
Jeffrey M. Nelson Richard A. Harpootlian, P.A.
Counsel for Regulatory Litigation Robert G. Rikard
S.C. Department of Revenue Attorneys for the Respondent
P.O. Box 125 P.O. Box 1090
Columbia, SC 29214 Columbia, SC 29202
(803) 898-5172 (803) 252-4848
IT IS SO ORDERED
________________________
Stephen P. Bates
Administrative Law Judge
December 2, 1998
Columbia, SC
***************NOTE: PLEASE SEE CASE FILE FOR A COPY OF
"EXHIBIT A" WHICH IS A PART OF THIS ORDER********** |
