Facts
The appellant [X.] was fined CHF 11,000 by the High Court of the Canton of Zurich for violating Art. 56 para. 1 lit. c of the Federal Act on Gambling and Casinos (UBS). The Zurich City Police had seized two slot machines in his bar "[A.] " that were classified as gambling machines by the Federal Gaming Board (ESBK). [X.] appealed the judgment of the High Court. He argued that the search of his bar was conducted without legal basis and the seized evidence was therefore inadmissible. Furthermore, he claimed the fine was disproportionately high.Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the inspection and seizure by the Commercial Police was based on the Hospitality Act of the Canton of Zurich and therefore did not constitute a house search under administrative criminal law. The seized items were thus admissible as evidence. Regarding the application of Art. 56 para. 1 lit. c UBS, the Federal…