South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. McCray’s Country Cupboard, Permit # 32027233-PBG

AGENCY:
South Carolina Dept. of Revenue

PARTIES:
Petitioners:
South Carolina Dept. of Revenue

Respondents:
McCray’s Country Cupboard, Permit # 32027233-PBG
 
DOCKET NUMBER:
07-ALJ-17-0355-CC

APPEARANCES:
n/a
 

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.


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