South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Fred McCary, d/b/a Fast Freddie's

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Fred McCary, d/b/a Fast Freddie's
 
DOCKET NUMBER:
95-ALJ-17-0399-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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