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. Sam H. Furman d/b/a Furman Games, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Sam H. Furman d/b/a Furman Games and Sam H. Furman d/b/a Golden Lanes
 
DOCKET NUMBER:
98-ALJ-17-0398-CC

APPEARANCES:
n/a
 

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**********


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