Toth v. Board of Liquor Control

OPINION

By CLIFFORD, J.

This action is an appeal on law and fact from a decision of the Board of Liquor Control of the State of Ohio, Appellee, in pursuance to §154-73 GC rejecting the application of John Toth, Sr., d. b. a. Toth Cafe, appellant, for a D-5 permit, on the sole ground “because the legal quota for D-5 permits 'in Akron is filled.”

The law of Ohio governing quota is set forth in §6064-17 GC and the pertinent provisions thereof read as follows:

“Sec. 6064-17 GC. * * * Not more than one Class D-3, Class D-4 or Class D-5 permit shall be issued for each two thousand *23population, or part…