Der Dutchman Restaurant and Club v. State

MEMORANDUM OPINION

BRETT, Presiding Judge:

The appellants, Der Dutchman Restaurant and Club, Glen S. Adair, Julie Lynn Hecksher and Richard H. Hecksher were tried for the offense of Operating an Open Saloon in violation of 37 O.S.1971, § 538(h) in the District Court of Oklahoma County, Case No. CRM-80-722. The jury returned a verdict of guilty. The Der Dutchman Restaurant was ordered to pay a fine of five-hundred dollars ($500.00). The other appellants were fined one dollar ($1.00) each.

Case law in Oklahoma is clear that in order for the State to establish a violation

*1054of Article 27, § 4 of the…