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. Derrie J. Cavins, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Derrie J. Cavins, and Derrie J. Cavins, d/b/a Bugsy's of Surfside 3
 
DOCKET NUMBER:
99-ALJ-17-0462-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998)]. On March 11, 1998, Respondents were cited for maintaining more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998) (referred to as "Class III" machines and licenses) at a single place or premises, in violation of Section 12-21-2804(A) and Regs. 117-190. Respondents were also charged with a violation of S.C. Code Ann. Section 12-21-2748 (Supp. 1998), "failure to affux owner/operator identification" to a video poker machine. A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondents video poker licenses, that no video poker 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.

Prior to the hearing, the Department dismissed the owner/operator identification violation based on the facts, the parties also resolved the remaining issues. That resolution is incorporated in this order.

1. For the violation of March 11, 1998, Respondents agree to the revocation of the five Class III licenses located at 901 Highway 17 South, Surfside Beach, South Carolina. These licenses were identified by Nos. 3930071, 3930072, 3930073, 3930074, and 3930075. As these licenses have expired during the pendency of this appeal, the Department does not require their surrender.

2. Respondents further agree not to operate or allow the operation of Class III machines at the physical location of the area doing business as "Bugsy's of Surfside 3," for a period of six months beginning January 17, 2000. (this area is accurately depicted on the attached diagram). Respondents also agree to remit to the Department a fine in the amount of $500.00, no later than 5:00 p.m. on January 19, 2000.

3. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to Respondents.

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

AND IT IS SO ORDERED.





_________________________

Honorable John D. Geathers Administrative Law Judge



January 21, 2000

Columbia, South Carolina















WE SO CONSENT:



By:

Carol I. McMahan

Attorney for Petitioner



By:_______________________________

Kenneth E. Allen

Attorney for Respondents


Brown Bldg.

 

 

 

 

 

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