
    Tarpoff, d. b. a. Heidelberg Inn, Appellant, v. Board of Liquor Control, Appellee.
    (No. 6190
    Decided April 26, 1960.)
    
      Mr. John A. Wiethe and Mr. Donald H. Swain, for appellant.
    
      Mr. Marie McElroy, attorney general, and Mr. John W. Leibold, for appellee.
   Per Curiam.

A plea of guilty having been entered at the time of appearance before the Board of Liquor Control, was the Court of Common Pleas correct in sustaining the board, since the severity of the penalty is the question raised by the appeal? In view of the decision in the case of Henry’s Cafe, Inc., v. Board of Liquor Control, 170 Ohio St., 233, 163 N. E. (2d), 678, the board has the sole power of determining the penalty in these cases unless there is a finding that there was no substantial, reliable or probative evidence to support their finding. The-guilty plea did preclude any such finding in this case.

The judgment will be, and hereby is, affirmed.

Judgment affirmed.

Bryant, P. J., and Duffy, J., concur.

Miller, J., not participating.  