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KROGER CO. v. COOK

No. 69-64.

24 Ohio St. 2d 170 (1970)

THE KROGER CO., APPELLANT, v. COOK, DIR., DEPT. OF LIQUOR CONTROL, APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1970.

Attorney(s) appearing for the Case

Messrs. Porter, Stanley, Treffinger & Platt, Mr. Lawrence D. Stanley and Mr. James J. Hughes, Jr., for appellant.

Mr. Paul W. Brown, attorney general, and Mr. James E. Rattan, for appellee.

ABELE, J.

The initial question presented is the power of the General Assembly to regulate the traffic in intoxicating liquor, and, specifically, the power of the Liquor Control Commission to regulate permit premises to the extent of forbidding the operation of a game of chance or contrivance on permit premises.

Statutory authority for the making of rules and regulations by the commission is supplied by R. C. 4301.03. Subsection (B) of that section provides...

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