ORDERS:
CONSENT ORDER
The South Carolina Department of Revenue
initiated this matter by issuing a
Notice of Intent to Revoke the permit held by the
Respondent. The Respondent had
incurred a violation of Section 61-4-580(5) of the SC Code
Ann. (2006) on or about
February 14, 2007. The basis for the violation is the
Respondent permitted an act which
constitutes a crime in South Carolina upon its licensed
premises, to wit permitting the
games of chance in violation of Section 12-21-2710 of the SC
Code Ann. (2006).
SLED agents located two “GT 2000” gambling
machines with “Balloon Blow
Up” illegal games operating on the machines, also seized was
$74.00 in cash.
A Magistrate ruled the games to be illegal games
of chance in an ex parte
hearing and advised the owner(s) of the machines of their
right to request a post seizure
hearing. The Respondent requested a post seizure hearing,
but denies ownership of the
machines.
The SLED investigation and Magistrate’s hearing
occurred on February 14, 2007.
Previously, on January 3, 2007, the Respondent incurred an
identical violation and a
Magistrate also ruled the games seized to be illegal games
of chance. Also, previous
to that violation, the Respondent incurred a violation on
March 27, 2006, for “Permitting
Games of Chance” pursuant to section 61-4-580((3) of the SC
Code Ann. (2005), and
paid a fine of $100.00 to resolve the matter.
As the Parties hereby agree that the Respondent
does hereby admit to the
violation as written and represented herein, the Department
will accept a fine of
$1,500.00 to resolve this matter. This agreement is not
relative to any other violations
now pending or incurred and this violation will be counted
as a first violation for any
future violations and enhanced penalty evaluation.
WE HEREBY CONSENT:
______________________________. ___________________________.
Harry Hancock, Esq. Stephen
D. Schusterman, Esq.
Attorney for the Department Attorney
for McCray’s Country Cupbord,
LLC.
This ____ day of November, 2007. This
___ day of November, 2007.
AND IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
_____________________________________.
The Hon. Carolyn Matthews, Judge
The South Carolina Administrative Law Court
This 12th day of December, 2007.
|