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OHIO DEPT. OF LIQUOR CONTROL v. FOE AERIE 0456

No. 94APE07-977.

99 Ohio App.3d 380 (1994)

OHIO DEPARTMENT OF LIQUOR CONTROL, Appellee, v. FOE AERIE 0456 (FOE 456), Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 20, 1994.

Attorney(s) appearing for the Case

Lee Fisher, Attorney General, and David A. Raber, Assistant Attorney General, for appellee.

Fawley & Associates, Darrell E. Fawley, Jr., and Kurt O. Gearhiser, for appellant.

TYACK, Judge.

On July 22, 1992, agents of the Ohio Department of Liquor Control (hereinafter "department") entered and searched the premises of the private, members-only FOE Aerie 456 club located in Martins Ferry, Ohio. The holder of the club's liquor permit was ultimately cited for permitting and/or allowing gambling on the premises, in violation of Ohio Adm.Code 4301:1-1-53.

The agents seized various items, including cash, seven electronic video gambling...

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