KLEIN, J.
Both the Assistant Prosecutor for the city of South Euclid, Ohio and counsel for the defendant agree that the sole issue before this court at this time is whether or not Section 1137.04 of the Codified Ordinances of the city of South Euclid, Ohio, is constitutional. Section 1137.-04 reads as follows:
"No Party Center shall permit any affair or function conducted thereon to remain open after 1:00 a. m., provided,
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