VFW Post 8586 v. Ohio Liquor Control Commission

The issue certified to this court is “[wjhether, 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 that the commission’s concession is proper. Ohio Adm.Code 4301:1-1-53(B) states:

“No person authorized to sell alcoholic beverages shall have, harbor,…