VFW POST 8586 v. OHIO LIQUOR CONTROL COMM.

Nos. 97-1383 and 97-1384.

83 Ohio St.3d 79 (1998)

VFW POST 8586, APPELLEE, v. OHIO LIQUOR CONTROL COMMISSION, APPELLANT.

Supreme Court of Ohio.

Decided August 19, 1998.


Attorney(s) appearing for the Case

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

Betty D. Montgomery, Attorney General, and David A. Raber, Assistant Attorney General, for appellant.


COOK, J.

The issue certified to this court is "[w]hether, mere possession of gambling devices [on liquor permit premises] violates Ohio Adm.Code 4301:1-1-53." In its briefing of the issue and at oral argument, however, the commission has conceded that possession of a gambling device on liquor permit premises, without more, does not constitute a violation of the administrative regulation. It is clear from a simple reading of the administrative regulation...

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