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. Furman Games, Inc., d/b/a Furman Games, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Furman Games, Inc., d/b/a Furman Games, Wanda Cummings, d/b/a Earl's Video, d/b/a Earl's Video Games #2
 
DOCKET NUMBER:
99-ALJ-17-0629-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division (SLED) against Respondents (Furman and Cummings) for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998) and 27 S.C. Code Ann. Reg. 117-190 (Supp. 1999)]. On July 19, 1999, Furman and Cummings, were cited for violating the "single place or premises" requirement of Section 12-21-2804(A) and Regulation 117-190. A Department Determination was issued sustaining the impositsion of the violation. The determination sought revocation of Furman's Class III licenses (licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1999) are commonly referred to as "Class III" machines and licenses), that no licenses may be used for the operation of machines at the locations for a period of six months and a monetary fine against both Furman and Cummings. The licensees appealed and the matter was transmitted to the Administrative Law Judge Division.



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



The agreement between the parties is as follows:



1. For the violation of July 19, 1999, Furman agrees to the revocation of the following Class III licenses: 0632181, 0632183, 0632182, 0632184, and 0632185. Furman further agrees to surrender these licenses to the Department no later than 5:00 p.m., April 3, 2000.



2. Furman and Cummings further agree not to operate or to allow the operation of Class III machines at Earl's Video Game 2, as it was located on July 19, 2000, at 6300 Whitehorse Road, Unit 102, Greenville, South Carolina, for a period of six months. This six month suspension also begins on April 3, 2000.





3. Furman and Cummings, further agree to remit to the Department a fine of $500.00, no later than 5:00 p.m. on April 3, 2000.



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



5. The parties agree that this agreement constitutes the full and final resolution of the violation as set forth herein.



I find the above agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. As the parties 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







April 10, 2000

Columbia, South Carolina



WE SO CONSENT:



By:                                                               

Carol I. McMahan

Attorney for Petitioner

By:                                                               

Robert G. Rikard

Attorney for Respondents


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