Condon says police can seize South Carolina machines July 1

Leigh Strope

Monday, June 26, 2000 | 4:26 a.m.

COLUMBIA, S.C. - The state's top two law enforcement officials are at odds about when video gambling machines have to be out of South Carolina.

All machines have to be unplugged at midnight July 1 and South Carolina Attorney General Charlie Condon on Monday said all local law enforcement agencies can start seizing machines right away.

However, State Law Enforcement Division Chief Robert Stewart plans to give operators an extra week to physically move the machines out of state.

Condon, a Republican, took swipes at Democratic Gov. Jim Hodges for allowing the extra time, but Stewart said it was his decision.

"Notwithstanding the governor's extension of time, the ban on video gambling can be enforced just as the Legislature wrote it," Condon said. "July 1st means July 1st."

Condon said the governor has no constitutional authority over sheriff's offices and police departments.

The state Legislature voted last year to end video gambling July 1 unless voters in a November referendum decided to keep the machines legal. Less than a month before the vote, the state Supreme Court ruled the referendum was unconstitutional, but left the July 1 ban in place.

Stewart said Condon gave 48 hours to owners of about 130 Lucky Shamrock machines that dispense telephone calling cards and a chance to win $500 to get them out of the state after saying they were illegal.

"I would think seven days is not too awful much for over 20,000 machines," Stewart said.

Stewart said legal advisers told him the state should allow operators until July 8 to move machines out of the state. That's his plan and that's what he is telling local law enforcement agencies.

"I'm probably the most sued public official there is over video poker right now," Stewart said. "Suits don't bother me, but I surely don't want to do something that could cause a legitimate lawsuit."

Stewart said he wants to make the strongest criminal case possible against an operator with an illegal machine.

"There's some concern as to how much jury appeal would be there if a machine is legal up until a certain minute and then you immediately seize the machine," he said.

However, if the machines are still operating on July 1, SLED agents will seize them and pursue criminal charges, Stewart said.

"I'm trying to make these decisions on the best information we can get on enforcing the law," Stewart said. "We think we have a good plan and we are prepared to execute it."

State Revenue Department spokesman Danny Brazell said about 22,000 machines are licensed to operate in South Carolina.