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DDDJ8/30/1990
em in a manner it so chooses.
Ohio Adm.Code 4301:1-1-50 is written with sufficient clarity to comply with the standard announced in Salem. The regulation, what we find to be stated in clear and concise language, provides that a permit holder shall post his normal prices on a monthly basis. The regulation goes on to state that prices may be charged that are less than this normal amount, but only until 9:00 p.m. The regulation does not permit an "all day happy hour." We fail to see how this regulation could be given any meaning other than its intended one. Given the nature of the liquor permit as a privilege and not a property right, Ohio Adm.Code 4301:1-1-50 is not unconstitutionally vague.
Appellant, by the testimony of Dennis Wilhelm, also contends that the statute has been arbitrarily enforced. However, the record is devoid of any evidence lending support to appellant's contentions.
Appellant's second assignment of error is overruled.
Appellant's assignments of error are overruled and the judgment of the trial court is affirmed.
Judgment affirmed.
REILLY, P.J., and SHAW, J., concur.
HENRY E. SHAW, JR., J., of the Delaware County Common Pleas Court, sitting by assignment.
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