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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Army Navy Garrison 2179, and Ibrahim J. Abdin, Promoter

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Army Navy Garrison 2179, and Ibrahim J. Abdin, Promoter
 
DOCKET NUMBER:
95-ALJ-17-0219-CC

APPEARANCES:
For the Petitioner: Nicholas P. Sipe, Esquire

For the Respondents: Junior Turner, Pro Se

Ibrahim J. Abdin, Pro Se
 

ORDERS:

DECISION AND ORDER

STATEMENT OF THE CASE

This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann. § 12-4-30 (d)(Supp. 1994) and S.C. Code Ann. §§ 1-23-310 et seq. (1986) and (Supp. 1994) for a contested case hearing. The Petitioner seeks the revocation of the Class B bingo license held by the Army Navy Garrison 2179 ("Garrison") as a non-profit organization and the promoters license held by Ibrahim J. Abdin. A hearing was held into the above matter on May 31, 1995 at the Administrative Law Judge Division, 1205 Pendleton Street, Columbia, South Carolina.

I find that both Respondents violated the provisions of S.C. Code Ann.§12-21-3440 (2) (Supp. 1994) and revoke the license of both the Garrison and the promoter.



FINDINGS OF FACT

Having carefully considered all testimony, exhibits, and arguments presented at the hearing of this matter, in addition to post-trial briefs submitted by both the Petitioner and the Intervenor, and passed upon their credibility taking into consideration the burden of persuasion of the Petitioner and Intervenor , the Court makes the following Findings of Fact by a preponderance of the evidence:

1. The Garrison holds a Class B license under the Bingo Act as a non-profit organization. See S.C. Code Ann § § 1-21-3310 et. seq. (Supp. 1994). The holder of a Class B license may not dispense prizes of excess of $8,000 in any one bingo session. S.C. Code Ann §§ 12-21-3320 (6) and 12-21-3440 (2)(Supp. 1994).

2. The promoter holds a license under the Bingo Act as a promotor for the management and operation of the Garrison's bingo games.

3. On August 12, 1994, the Respondents held a bingo game at the Garrison on the Highway 312-28 By-pass. The Respondents advertised bingo sessions dispensed $6,050 in prizes. Additionally, the percentage games held by the Respondents during and after the program games, dispensed an additional $4,849 in prizes. Therefore, the Respondents disbursement of $10,899 in prizes during that session resulted in an excess disbursement of $2,899 during that session.

4. On January 27, 1995, the Respondents held a bingo game at the Garrison's facility on Highway 312-28 By-pass. The Respondents advertised bingo sessions, dispensed $4,500 in prizes. Additionally, the Respondents percentage games held during and after the program games dispensed an additional $3,870 in prizes. Therefore, the Respondents total disbursement for the January 27, 1994 session was $8,370 which resulted in an excess disbursement of $370 for that session.

5. The promoter admitted that the prizes dispensed at the August 12, 1994 and the January 27, 1995 bingo games were in excess of the amount allowed under a Class B bingo license. I find that both the Respondents violated S.C. Code Ann § 12-21-3440(2) by dispensing an amount of prizes in excess of that allowed by a Class B license.

6. The Respondent has previously been convicted of the same violation on two occasions. On May 21, 1994, the Respondent exceeded the pay-out limit and was fiend $500 for that violation. Thereafter, on November 4, 1994, the Respondent exceeded the pay-out limit and was fined $1,000 for that violation.

CONCLUSIONS OF LAW

1. S.C. Code Ann § 12-4-30(d)(Supp. 1994) authorized the South Carolina Administrative Law Judge Division to hear this case pursuant to Chapter 23 of Title I of the 1976 Code, as amended.

2. S.C. Code Ann. § 12-21-3440 (b) provides that an organization operating a bingo game shall not dispense prizes in excess of $8,000 during any one session.

3. S.C. Code Ann. §§ 12-21-3340 and 3350 (Supp. 1994) establish the requirements and qualifications for the holding of a license for a non-profit organization and a promoter under the Bingo Act.

4. S. C. Code Ann. § 12-21-3380 (Supp. 1994) provides that a promoter and a non-profit organization are both jointly and severely liable for the penalties imposed on each of the parties.

5. S. C. Code Ann. § 12-54-90 (Supp. 1994) provides that a person who "fails, neglects, violates, or refuses to comply with the provisions of law or regulation administered by the Commission," may in the discretion of the Commission, have their license revoked. S.C. Code Ann. §12-4-30 (d) provides that the Administrative Law Judge Division has the powers previously conferred upon the tax commissioners.



ORDER

Based upon the Findings of Fact and Conclusions of Law, it is hereby:

ORDERED that the non-profit bingo license held by the Garrison and the promoters license held by Ibrahim Abdin be revoked.





_______________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

July 6, 1995


Brown Bldg.

 

 

 

 

 

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