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DEPT. OF REV. v. BLUE MOON OF NEWBERRY

No. 4661.

387 S.C. 467 (2010)

693 S.E.2d 21

SOUTH CAROLINA DEPARTMENT OF REVENUE, Appellant, v. BLUE MOON OF NEWBERRY, INC., d/b/a Blue Moon Sports Bar, Respondent.

Court of Appeals of South Carolina.

Decided March 24, 2010.

Rehearing Denied May 28, 2010.

Attorney(s) appearing for the Case

Harry Hancock, of Columbia, for Appellant.

Richard J. Breibart, of Lexington, for Respondent.

CURETON, A.J.

The South Carolina Department of Revenue (Department) sought to revoke the alcoholic beverage license and permit of Blue Moon of Newberry, Inc. (Blue Moon). The Department appeals the Administrative Law Court's (ALC's) order denying the revocation, arguing the ALC incorrectly interpreted a Departmental regulation governing Blue Moon's operation and failed to find facts consistent with the evidence presented at trial. We reverse.

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