As Reported by the House State Government Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 402 5
1997-1998 6
REPRESENTATIVES SCHULER-GARCIA-CORBIN-MEAD-BRITTON-TAYLOR- 8
MOTTLEY-JACOBSON 9
11
A B I L L
To amend sections 4301.33, 4301.35, 4301.351, 13
4301.361, and 4301.39 and to repeal section 14
4301.211 of the Revised Code to remove the 15
prohibition against a liquor permit holder 16
advertising the retail price of beer and malt 17
beverages off the permit holder's premises, to 18
make changes regarding the application of local 19
option liquor elections to state agency stores,
and to authorize the holding of a local option 20
liquor election in a precinct or residence 21
district on the sale of beer by certain C and D 22
liquor permit holders between the hours of 5:30 23
a.m. and midnight on Sunday. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 4301.33, 4301.35, 4301.351, 28
4301.361, and 4301.39 of the Revised Code be amended to read as 29
follows:
Sec. 4301.33. The board of elections shall provide to a 39
petitioner circulating a petition for an election for the 40
submission of one or more of the questions specified in divisions 41
(A) to (C)(D) of section 4301.35 or section 4301.351 of the 42
Revised Code, at the time he takes OF TAKING out the petition, 43
the names of the streets and, if appropriate, the address numbers 44
of residences and business establishments within the precinct or 46
residence district in which the election is sought, and a form 47
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prescribed by the secretary of state for notifying affected 48
permit holders AND LIQUOR AGENCY STORES of the circulation of a 49
petition for an election for the submission of one or more of the 50
questions specified in divisions (A) to (C) (D) of section 52
4301.35 or section 4301.351 of the Revised Code. The petitioner 53
shall, not less than forty-five days before the petition-filing 54
deadline for the election, as provided in this section, file with 55
the division of liquor control the information regarding names of 57
streets and, if appropriate, address numbers of residences and 58
business establishments provided by the board of elections, and 59
specify to the division the precinct or residence district that 60
is concerned and the filing deadline. The division shall, within 62
a reasonable period of time and not later than fifteen days 63
before the filing deadline, supply the petitioner with a list of 64
the names and addresses of permit holders who AND LIQUOR AGENCY 65
STORES THAT would be affected by the election. The list shall 67
contain a heading with the following words: "Liquor permit 68
holders who AND LIQUOR AGENCY STORES THAT would be affected by 69
the question(s) set forth on petition for a local option 70
election."
Within five days after a petitioner has received from the 72
division the list of liquor permit holders who AND LIQUOR AGENCY 73
STORES THAT would be affected by the question or questions set 74
forth on a petition for local option election, the petitioner 76
shall, using the form provided by the board of elections, notify 78
by certified mail each permit holder AND LIQUOR AGENCY STORE 79
whose name appears on that list. The form for notifying affected 80
permit holders AND LIQUOR AGENCY STORES shall require the 81
petitioner to state the petitioner's name and street address and 82
shall contain a statement that a petition is being circulated for 83
an election for the submission of the question or questions 84
specified in divisions (A) to (C) (D) of section 4301.35 or 85
section 4301.351 of the Revised Code. The form shall require the 86
petitioner to state the question or questions to be submitted as 87
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they appear on the petition.
The petitioner shall attach a copy of the list provided by 89
the division to each petition paper. A part petition paper 92
circulated at any time without the list of affected permit
holders AND LIQUOR AGENCY STORES attached to it is invalid. 93
At the time the petitioner files the petition with the 95
board of elections, the petitioner shall provide to the board the 96
list supplied by the division and an affidavit certifying that 98
the petitioner notified all affected permit holders AND LIQUOR
AGENCY STORES on the list in the manner and within the time 99
required in this section and that, at the time each signer of the 101
petition affixed the signer's signature to the petition, the 102
petition paper contained a copy of the list of affected permit 103
holders AND LIQUOR AGENCY STORES.
Within five days after receiving a petition calling for an 105
election for the submission of one or more of the questions 106
specified in divisions (A) to (C) (D) of section 4301.35 or 107
section 4301.351 of the Revised Code, the board shall give notice 109
by certified mail that it has received the petition to all liquor 110
permit holders AND LIQUOR AGENCY STORES whose names appear on the 111
list of affected permit holders filed by the petitioner as 113
furnished by the division. Failure of the petitioner to supply 114
the affidavit required by this section and a complete and 115
accurate list of liquor permit holders AND LIQUOR AGENCY STORES 116
as furnished by the division invalidates the entire petition. 117
The board of elections shall provide to a permit holder who OR 118
LIQUOR AGENCY STORE THAT would be affected by a proposed local 120
option election, on the permit holder's OR LIQUOR AGENCY STORE'S 121
request, the names of the streets, and, if appropriate, the
address numbers of residences and business establishments within 122
the precinct or residence district in which the election is 123
sought. The board may charge a reasonable fee for this 124
information when provided to the petitioner and the permit holder 126
OR LIQUOR AGENCY STORE.
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Upon the presentation of a petition, not later than four 128
p.m. of the seventy-fifth day before the day of a general or 129
primary election, to the board of elections of the county where 130
the precinct or residence district is located, designating 131
whether it is a petition for an election for the submission of 132
one or more of the questions specified in section 4301.35 of the 133
Revised Code, or a petition for the submission of one or more of 134
the questions specified in section 4301.351 of the Revised Code, 135
designating the particular question or questions specified in 136
section 4301.35 or 4301.351 of the Revised Code that are to be 137
submitted, and signed by the qualified electors of the precinct 138
or residence district concerned, equal in number to thirty-five 139
per cent of the total number of votes cast in the precinct 140
concerned for the office of governor at the preceding general 141
election for that office, in the case of an election within a 142
single precinct, or equal in number to fifty-five per cent of the 143
total number of votes cast in the residence district concerned 144
for the office of governor at the preceding general election for 145
that office, in the case of an election within a residence 146
district, the board shall submit the question or questions 147
specified in the petition to the electors of the precinct or 148
residence district concerned, on the day of the next general or 149
primary election, whichever occurs first and shall proceed as 150
follows: 151
(A) Such board shall, not later than the sixty-sixth day 153
before the day of the election for which the question or 154
questions on the petition would qualify for submission to the 155
electors of the precinct or residence district, examine and 156
determine the sufficiency of the signatures and review, examine, 157
and determine the validity of the petition and, in case of 158
overlapping residence district petitions or overlapping precinct 159
and residence district petitions presented within that period, 160
determine which of the petitions shall govern the further 161
proceedings of the board. In the case where the board determines 162
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that two or more overlapping petitions are valid, the earlier 163
filed petition shall govern. The board shall certify the 164
sufficiency and validity of any petition determined to be valid. 165
The board shall determine the validity of the petition as of the 166
time of certification as described in this division. 167
(B) If a petition is sufficient, and, in case of 169
overlapping residence district petitions or overlapping precinct 170
and residence district petitions, after the board has determined 171
the governing petition, the board to which the petition has been 172
presented shall order the holding of a special election in the 173
precinct or residence district for the submission of whichever of 174
the questions specified in section 4301.35 or 4301.351 of the 175
Revised Code are designated in the petition, on the day of the 176
next general or primary election, whichever occurs first. 177
All petitions filed with a board of elections under this 179
section shall be open to public inspection under rules adopted by 180
the board. 181
Protest against local option petitions may be filed by any 183
elector eligible to vote on the question or questions described 184
in the petitions or by a permit holder OR LIQUOR AGENCY STORE in 185
the precinct or residence district as described in the petitions, 186
not later than four p.m. of the sixty-fourth day before the day 187
of the general or primary election for which the petition 188
qualified. The protest shall be in writing and shall be filed 189
with the election officials with whom the petition was filed. 190
Upon filing of the protest, the election officials with whom it 191
is filed shall promptly fix the time for hearing it, and shall 192
mail notice of the filing of the protest and the time and place 193
for hearing it to the person who filed the petition and to the 194
person who filed the protest. At the time and place fixed, the 195
election officials shall hear the protest and determine the 196
validity of the petition. 197
Sec. 4301.35. If a petition is for submission of one or 206
more of the questions specified under this section, a special 207
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election shall be held in the precinct or residence district at 208
the time fixed as provided in section 4301.33 of the Revised 209
Code. The expenses of holding the election shall be charged to 210
the municipal corporation or township of which the precinct or 211
residence district is a part. 212
At the election any one or more of the following questions, 214
as designated in a valid petition, shall be submitted to the 215
electors of the precinct: 216
(A) "Shall the sale of wine and mixed beverages by the 218
package, under permits which authorize sale for off-premise 219
consumption only, be permitted in .................?" 220
(B) "Shall the sale of wine and mixed beverages, under 222
permits which authorize sale for on-premise consumption only, and 223
under permits which authorize sale for both on-premise and 224
off-premise consumption, be permitted in .......?" 225
(C) "Shall the sale of spirituous liquors by the glass be 227
permitted in ..................?" 228
(D) "Shall state liquor stores OR LIQUOR AGENCY STORES for 230
the sale of spirituous liquor by the package, for consumption off 231
the premises where sold, be permitted in ................?" 232
The board of elections to which a petition is presented 234
shall furnish printed ballots at the election in accordance with 235
section 3505.06 of the Revised Code, and separate ballots shall 236
be used for the special election. All the questions designated 237
in a valid petition shall be set forth on each ballot and the 238
board shall insert in each question the name or an accurate 239
description of the precinct or residence district in which the 240
election is to be held. Votes shall be cast as provided in 241
section 3505.06 of the Revised Code. 242
Sec. 4301.351. If a petition is for submission of the 251
question of whether the sale of intoxicating liquor OR BEER shall 252
be permitted on Sunday, a special election shall be held in the 253
precinct or residence district at the time fixed as provided in 254
section 4301.33 of the Revised Code. The expenses of holding the 255
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election shall be charged to the municipal corporation or 256
township of which the precinct or residence district is a part. 257
At the election one or more of the following questions, as 259
designated in a valid petition, shall be submitted to the 260
electors of the precinct or residence district: 261
(A) "Shall the sale of intoxicating liquor, of the same 263
types as may be legally sold in this (precinct) (district) on 264
other days of the week, be permitted in this ........ for 265
consumption on the premises where sold, between the hours of one 266
p.m. and midnight on Sunday?" 267
(B) "Shall the sale of intoxicating liquor, of the same 269
types as may be legally sold in this (precinct) (district) on 270
other days of the week, be permitted in this ........ for 271
consumption on the premises where sold, between the hours of one 272
p.m. and midnight on Sunday, at licensed premises where the sale 273
of food and other goods and services exceeds fifty per cent of 274
the total gross receipts of the permit holder at the premises?" 275
(C) "Shall the sale of wine and mixed beverages of the 277
same types as may be legally sold in this (precinct) (district) 278
on other days of the week, be permitted in this ........ for 279
consumption off the premises where sold, between the hours of one 280
p.m. and midnight on Sunday?" 281
(D) "SHALL THE SALE OF BEER UNDER C OR D PERMITS THAT WERE 284
FIRST APPLIED FOR AFTER APRIL 15, 1982, AND THAT AUTHORIZE SALE 285
FOR EITHER ON-PREMISES CONSUMPTION OR OFF-PREMISES CONSUMPTION,
BE PERMITTED IN THIS (PRECINCT) (DISTRICT), BETWEEN THE HOURS OF 286
FIVE-THIRTY a.m. AND MIDNIGHT ON SUNDAY?" 287
No C or D permit holder who first applied for his SUCH A 289
permit after April 15, 1982, shall sell beer on Sunday unless the 290
sale of intoxicating liquor is authorized in the precinct or 291
residence district at an election on question (A), (B), or (C) of 292
this section, OR THE SALE OF BEER IS AUTHORIZED IN THE PRECINCT 293
OR RESIDENCE DISTRICT AT AN ELECTION ON QUESTION (D) OF THIS 294
SECTION. No D-6 permit is required for the sale of beer on 295
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Sunday. 296
The board of elections to which the petition is presented 298
shall furnish printed ballots at the election in accordance with 299
section 3505.06 of the Revised Code, and separate ballots shall 300
be used for the special election. One or more of the questions 301
prescribed by this section, as designated in the petition, shall 302
be set forth on each ballot and the board shall insert in each 303
question the name or an accurate description of the precinct or 304
residence district in which the election is to be held. Votes 305
shall be cast as provided in section 3505.06 of the Revised Code. 306
Sec. 4301.361. If a majority of the electors voting on 315
questions set forth in section 4301.351 of the Revised Code in a 316
precinct or residence district vote "yes" on question (A), or, if 317
both questions (A) and (B) are submitted, "yes" on both questions 318
or "yes" on question (A) but "no" on question (B), sales of 319
intoxicating liquor shall be allowed in the manner and under the 320
conditions specified in question (A), under a D-6 permit, within 321
the precinct or residence district concerned, during the period 322
the election is in effect as defined in section 4301.37 of the 323
Revised Code. 324
If only question (B) is submitted to the voters or if 326
questions (B) and (C) are submitted and a majority of the 327
electors voting in a precinct or residence district vote "yes" on 328
question (B) as set forth in section 4301.351 of the Revised 329
Code, sales of intoxicating liquor shall be allowed in the manner 330
and under the conditions specified in question (B), under a D-6 331
permit, within the precinct or residence district concerned, 332
during the period the election is in effect as defined in section 333
4301.37 of the Revised Code, even if question (A) was also 334
submitted and a majority of the electors voting in the precinct 335
or residence district voted "no." 336
If question (C) is submitted and a majority of electors 338
voting on the question (C) set forth in section 4301.351 of the 339
Revised Code in a precinct or residence district vote "yes," 340
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sales of wine and mixed beverages shall be allowed in the manner 341
and under the conditions specified in question (C), under a D-6 342
permit, within the precinct or residence district concerned, 343
during the period the election is in effect as defined in section 344
4301.37 of the Revised Code. 345
IF QUESTION (D) SET FORTH IN SECTION 4301.351 OF THE 347
REVISED CODE IS SUBMITTED AND A MAJORITY OF ELECTORS VOTING ON 348
THE QUESTION (D) IN A PRECINCT OR RESIDENCE DISTRICT VOTE "YES," 349
SALES OF BEER SHALL BE ALLOWED IN THE MANNER AND UNDER THE 350
CONDITIONS SPECIFIED IN QUESTION (D) WITHIN THE PRECINCT OR 351
RESIDENCE DISTRICT CONCERNED, DURING THE PERIOD THE ELECTION IS
IN EFFECT AS DEFINED IN SECTION 4301.37 OF THE REVISED CODE. IF 352
QUESTION (D) SET FORTH IN SECTION 4301.351 OF THE REVISED CODE IS 353
SUBMITTED AND A MAJORITY OF ELECTORS VOTING ON THE QUESTION (D) 354
IN A PRECINCT OR RESIDENCE DISTRICT VOTE "NO," NO C OR D PERMIT 355
HOLDER WHO FIRST APPLIED FOR SUCH A PERMIT AFTER APRIL 15, 1982, 356
SHALL SELL BEER AS SPECIFIED IN THAT QUESTION WITHIN THE PRECINCT 357
OR RESIDENCE DISTRICT DURING THE PERIOD THE ELECTION IS IN EFFECT 358
AS DEFINED IN SECTION 4301.37 OF THE REVISED CODE UNLESS THE SALE
OF INTOXICATING LIQUOR IS AUTHORIZED IN THE PRECINCT OR RESIDENCE 359
DISTRICT AT AN ELECTION ON QUESTION (A), (B), OR (C) OF SECTION 360
4301.351 OF THE REVISED CODE.
If questions (A), (B), and (C), as set forth in section 362
4301.351 of the Revised Code, are all submitted and a majority of 363
the electors voting in such precinct or residence district vote 364
"no" on all three questions, no sales of intoxicating liquor 365
shall be made within the precinct or residence district concerned 366
after two-thirty a.m. on Sunday, during the period the election 367
is in effect as defined in section 4301.37 of the Revised Code. 368
Sec. 4301.39. (A) When the board of elections of any 378
county determines that a petition for a local option election, 379
presented pursuant to section 4301.33, 4301.331, 4303.29, or 380
4305.14 of the Revised Code is sufficient, it shall forthwith, by 381
mail, notify the division of liquor control of the fact that such 382
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a petition has been filed and approved by it. Upon the 383
determination of the results of any such election, the board 384
shall forthwith notify the division by mail of the result and 385
shall forward with the notice a plat of the precinct or residence 387
district in which the election was held. 388
(B) On the plat of a precinct or residence district, 390
forwarded with the results of an election that was held under 391
section 4301.35, 4301.351, or 4303.29 of the Revised Code, the 392
board shall show and designate all of the streets and highways in 393
the precinct or residence district. 394
(C) On the plat of a precinct, forwarded with the results 396
of an election that was held under section 4301.352 of the 397
Revised Code, the board shall show and designate all of the 398
following: 399
(1) All of the streets and highways in the precinct; 401
(2) The permit premises designated in the petition that 403
was filed under section 4301.331 of the Revised Code; 404
(3) A class C or D permit holder's personal or corporate 406
name, and if it is different from the PERMIT holder's personal or 407
corporate name, the name of the business conducted by the permit 409
holder on the designated premises; 410
(4) The address of the designated premises. the holder's 412
the holder's
(D) If an application for recount is filed with the board 415
of elections pursuant to section 3515.02 of the Revised Code or 416
if an election contest is commenced pursuant to section 3515.09 417
of the Revised Code, the board of elections shall send written 418
notice of the recount or contest, by certified mail, to the 419
superintendent of liquor control within two days from the date of
the filing of the application for recount or the commencement of 420
an election contest. Upon the final determination of an election 421
recount or contest, the board of elections shall send notice of 422
the final determination, by certified mail, to the superintendent 423
and the liquor control commission. 424
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(E) If, as the result of a local option election, the use 426
of a permit is made partially unlawful, the division shall, 427
within thirty days after receipt of the final notice of the 428
result of the election, pick up and amend the permit by inserting 429
appropriate restrictions on the permit, and forthwith reissue the 430
permit without charge or refund to the permit holder. 431
If, as the result of a local option election, except a 433
local option election held pursuant to section 4301.352 of the 435
Revised Code, the use of a permit is made wholly unlawful, the 437
permit holder may, within thirty days after the certification of 438
such final result by the board of elections to the division, 439
deliver the permit holder's permit to the division for 440
safekeeping as provided in section 4303.272 of the Revised Code.
(F) If a municipal corporation or township has been paid 442
all the moneys due it from permit fees under section 4301.30 of 443
the Revised Code, it shall refund to the division ninety per cent 445
of the money attributed to the unexpired portion of all permits 446
which are still in force at the time of a local option election 447
that makes use of the permits unlawful, except that no refund 448
shall be made for the unexpired portion of a license year that is 449
less than thirty days. Failure of the municipal corporation or 450
township to refund the amount due entitles the permit holders to 451
operate under their permits until the refund has been made. 452
If a municipal corporation or township has been paid all 454
the money due it from permit fees under section 4301.30 of the 455
Revised Code, it shall refund to the division ninety per cent of 457
the money attributable to the unexpired portion of a permit at
the time a local option election under section 4301.352 of the 458
Revised Code makes use of the permit unlawful, except that no 459
refund shall be made for the unexpired portion of a license year 460
that is less than thirty days. Failure of the municipal 461
corporation or township to refund the amount due entitles the 462
permit holder to operate under the permit until the refund has 463
been made.
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(G) IF, AS A RESULT OF A LOCAL OPTION ELECTION, THE SALE 465
OF SPIRITUOUS LIQUOR BY THE PACKAGE FOR CONSUMPTION OFF THE 466
PREMISES WHERE SOLD BY A LIQUOR AGENCY STORE IS MADE UNLAWFUL, 467
THE DIVISION, WITHIN THIRTY DAYS AFTER RECEIVING A FINAL NOTICE 468
OF THE RESULT OF THE ELECTION, SHALL CANCEL THE CONTRACT ENTERED 469
INTO WITH THAT LIQUOR AGENCY STORE UNDER SECTION 4301.17 OF THE 470
REVISED CODE.
Section 2. That existing sections 4301.33, 4301.35, 472
4301.351, 4301.361, and 4301.39 and section 4301.211 of the 473
Revised Code are hereby repealed.
Section 3. Section 4301.39 of the Revised Code is 475
presented in this act as a composite of the section as amended by 476
both Am. Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General 477
Assembly, with the new language of neither of the acts shown in 478
capital letters. This is in recognition of the principle stated 479
in division (B) of section 1.52 of the Revised Code that such 480
amendments are to be harmonized where not substantively 481
irreconcilable and constitutes a legislative finding that such is 482
the resulting version in effect prior to the effective date of 483
this act.