ORDERS:
ORDER OF REMAND
On
November 7, 2007, the Department moved to remand this matter to the Department
based on pending civil in rem proceedings against the video game underlying the
violation of Jaylan’s beer and wine permit at issue here. The magistrate found
the machine was a game of skill and thus not illegal. The Attorney General has
advised the Department that it will appeal this finding through the South
Carolina courts. The Department has advised this court that it may revise its
sanction and will issue a final Department Determination based on the outcome
of the civil proceedings. By facsimile dated November 14, 2007, Walter B.
Todd, Jr., as attorney for Jaylan has indicated that Respondent is not opposed
to the Department’s motion.
Based
on the filings submitted by the parties, IT IS HEREBY ORDERED that the
Department’s motion to remand is GRANTED and this matter is dismissed
from the Administrative Law Court docket with prejudice. AND IT IS SO
ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
1205 Pendleton
Street, Suite 224
Columbia, South
Carolina 29201-3731
November 15, 2007
Columbia, South Carolina
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