ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, a hearing was scheduled for Monday, July 31, 1995 at 1:30 p.m. at
the Administrative Law Judge Division in Columbia, South Carolina. The petitioner initiated this
action and cited respondent for violating S.C. Code Ann. § 12-21-2804(B) (Supp. 1994),
advertising for the playing of video poker machines. The petitioner alleged that respondent
caused a radio advertisement to be published on KICKS-96 that advertised the playing of video
poker machines. The petitioner seeks a $500.00 fine and requests that respondent be prohibited
from using similar advertisements in the future.
The respondent, Fred McCary, and his legal representative, David E. Belding, failed to appear at
the hearing. All parties were notified of the date, time, and place of the hearing by previous Order
and Notice of Hearing, dated June 19, 1995. Neither the respondent nor his legal counsel moved
for a continuance of this matter.
IT IS THEREFORE ORDERED that pursuant to ALJD Rule 23, this case be dismissed with
prejudice.
IT IS FURTHER ORDERED that the respondent, Fred McCary, d/b/a Fast Freddie's, shall pay
to the Department of Revenue and Taxation a fine of $500 within 10 days of the date of this
Order.
IT IS FURTHER ORDERED that the respondent is prohibited from using radio advertisement
for the purpose of advertising the playing of video poker machines.
AND IT IS SO ORDERED.
This __ day of ________19__.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201 |
