As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 402 5
1997-1998 6
REPRESENTATIVES SCHULER-GARCIA-CORBIN-MEAD-BRITTON-TAYLOR- 8
MOTTLEY-JACOBSON-REID-LEWIS-SAWYER 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, 20
and to authorize the holding of a local option 21
liquor election in a precinct or residence 22
district on the sale of beer by certain C and D 23
liquor permit holders between the hours of 5:30 24
a.m. and midnight on Sunday. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 4301.33, 4301.35, 4301.351, 29
4301.361, and 4301.39 of the Revised Code be amended to read as 30
follows:
Sec. 4301.33. The board of elections shall provide to a 40
petitioner circulating a petition for an election for the 41
submission of one or more of the questions specified in divisions 42
(A) to (C)(D) of section 4301.35 or section 4301.351 of the 43
Revised Code, at the time he takes OF TAKING out the petition, 44
the names of the streets and, if appropriate, the address numbers 45
of residences and business establishments within the precinct or 47
residence district in which the election is sought, and a form 48
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prescribed by the secretary of state for notifying affected 49
permit holders AND LIQUOR AGENCY STORES of the circulation of a 50
petition for an election for the submission of one or more of the 51
questions specified in divisions (A) to (C) (D) of section 53
4301.35 or section 4301.351 of the Revised Code. The petitioner 54
shall, not less than forty-five days before the petition-filing 55
deadline for the election, as provided in this section, file with 56
the division of liquor control the information regarding names of 58
streets and, if appropriate, address numbers of residences and 59
business establishments provided by the board of elections, and 60
specify to the division the precinct or residence district that 61
is concerned and the filing deadline. The division shall, within 63
a reasonable period of time and not later than fifteen days 64
before the filing deadline, supply the petitioner with a list of 65
the names and addresses of permit holders who AND LIQUOR AGENCY 66
STORES THAT would be affected by the election. The list shall 68
contain a heading with the following words: "Liquor permit 69
holders who AND LIQUOR AGENCY STORES THAT would be affected by 70
the question(s) set forth on petition for a local option 71
election."
Within five days after a petitioner has received from the 73
division the list of liquor permit holders who AND LIQUOR AGENCY 74
STORES THAT would be affected by the question or questions set 75
forth on a petition for local option election, the petitioner 77
shall, using the form provided by the board of elections, notify 79
by certified mail each permit holder AND LIQUOR AGENCY STORE 80
whose name appears on that list. The form for notifying affected 81
permit holders AND LIQUOR AGENCY STORES shall require the 82
petitioner to state the petitioner's name and street address and 83
shall contain a statement that a petition is being circulated for 84
an election for the submission of the question or questions 85
specified in divisions (A) to (C) (D) of section 4301.35 or 86
section 4301.351 of the Revised Code. The form shall require the 87
petitioner to state the question or questions to be submitted as 88
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they appear on the petition.
The petitioner shall attach a copy of the list provided by 90
the division to each petition paper. A part petition paper 93
circulated at any time without the list of affected permit
holders AND LIQUOR AGENCY STORES attached to it is invalid. 94
At the time the petitioner files the petition with the 96
board of elections, the petitioner shall provide to the board the 97
list supplied by the division and an affidavit certifying that 99
the petitioner notified all affected permit holders AND LIQUOR
AGENCY STORES on the list in the manner and within the time 100
required in this section and that, at the time each signer of the 102
petition affixed the signer's signature to the petition, the 103
petition paper contained a copy of the list of affected permit 104
holders AND LIQUOR AGENCY STORES.
Within five days after receiving a petition calling for an 106
election for the submission of one or more of the questions 107
specified in divisions (A) to (C) (D) of section 4301.35 or 108
section 4301.351 of the Revised Code, the board shall give notice 110
by certified mail that it has received the petition to all liquor 111
permit holders AND LIQUOR AGENCY STORES whose names appear on the 112
list of affected permit holders filed by the petitioner as 114
furnished by the division. Failure of the petitioner to supply 115
the affidavit required by this section and a complete and 116
accurate list of liquor permit holders AND LIQUOR AGENCY STORES 117
as furnished by the division invalidates the entire petition. 118
The board of elections shall provide to a permit holder who OR 119
LIQUOR AGENCY STORE THAT would be affected by a proposed local 121
option election, on the permit holder's OR LIQUOR AGENCY STORE'S 122
request, the names of the streets, and, if appropriate, the
address numbers of residences and business establishments within 123
the precinct or residence district in which the election is 124
sought. The board may charge a reasonable fee for this 125
information when provided to the petitioner and the permit holder 127
OR LIQUOR AGENCY STORE.
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Upon the presentation of a petition, not later than four 129
p.m. of the seventy-fifth day before the day of a general or 130
primary election, to the board of elections of the county where 131
the precinct or residence district is located, designating 132
whether it is a petition for an election for the submission of 133
one or more of the questions specified in section 4301.35 of the 134
Revised Code, or a petition for the submission of one or more of 135
the questions specified in section 4301.351 of the Revised Code, 136
designating the particular question or questions specified in 137
section 4301.35 or 4301.351 of the Revised Code that are to be 138
submitted, and signed by the qualified electors of the precinct 139
or residence district concerned, equal in number to thirty-five 140
per cent of the total number of votes cast in the precinct 141
concerned for the office of governor at the preceding general 142
election for that office, in the case of an election within a 143
single precinct, or equal in number to fifty-five per cent of the 144
total number of votes cast in the residence district concerned 145
for the office of governor at the preceding general election for 146
that office, in the case of an election within a residence 147
district, the board shall submit the question or questions 148
specified in the petition to the electors of the precinct or 149
residence district concerned, on the day of the next general or 150
primary election, whichever occurs first and shall proceed as 151
follows: 152
(A) Such board shall, not later than the sixty-sixth day 154
before the day of the election for which the question or 155
questions on the petition would qualify for submission to the 156
electors of the precinct or residence district, examine and 157
determine the sufficiency of the signatures and review, examine, 158
and determine the validity of the petition and, in case of 159
overlapping residence district petitions or overlapping precinct 160
and residence district petitions presented within that period, 161
determine which of the petitions shall govern the further 162
proceedings of the board. In the case where the board determines 163
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that two or more overlapping petitions are valid, the earlier 164
filed petition shall govern. The board shall certify the 165
sufficiency and validity of any petition determined to be valid. 166
The board shall determine the validity of the petition as of the 167
time of certification as described in this division. 168
(B) If a petition is sufficient, and, in case of 170
overlapping residence district petitions or overlapping precinct 171
and residence district petitions, after the board has determined 172
the governing petition, the board to which the petition has been 173
presented shall order the holding of a special election in the 174
precinct or residence district for the submission of whichever of 175
the questions specified in section 4301.35 or 4301.351 of the 176
Revised Code are designated in the petition, on the day of the 177
next general or primary election, whichever occurs first. 178
All petitions filed with a board of elections under this 180
section shall be open to public inspection under rules adopted by 181
the board. 182
Protest against local option petitions may be filed by any 184
elector eligible to vote on the question or questions described 185
in the petitions or by a permit holder OR LIQUOR AGENCY STORE in 186
the precinct or residence district as described in the petitions, 187
not later than four p.m. of the sixty-fourth day before the day 188
of the general or primary election for which the petition 189
qualified. The protest shall be in writing and shall be filed 190
with the election officials with whom the petition was filed. 191
Upon filing of the protest, the election officials with whom it 192
is filed shall promptly fix the time for hearing it, and shall 193
mail notice of the filing of the protest and the time and place 194
for hearing it to the person who filed the petition and to the 195
person who filed the protest. At the time and place fixed, the 196
election officials shall hear the protest and determine the 197
validity of the petition. 198
Sec. 4301.35. If a petition is for submission of one or 207
more of the questions specified under this section, a special 208
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election shall be held in the precinct or residence district at 209
the time fixed as provided in section 4301.33 of the Revised 210
Code. The expenses of holding the election shall be charged to 211
the municipal corporation or township of which the precinct or 212
residence district is a part. 213
At the election any one or more of the following questions, 215
as designated in a valid petition, shall be submitted to the 216
electors of the precinct: 217
(A) "Shall the sale of wine and mixed beverages by the 219
package, under permits which authorize sale for off-premise 220
consumption only, be permitted in .................?" 221
(B) "Shall the sale of wine and mixed beverages, under 223
permits which authorize sale for on-premise consumption only, and 224
under permits which authorize sale for both on-premise and 225
off-premise consumption, be permitted in .......?" 226
(C) "Shall the sale of spirituous liquors by the glass be 228
permitted in ..................?" 229
(D) "Shall state liquor stores OR LIQUOR AGENCY STORES for 231
the sale of spirituous liquor by the package, for consumption off 232
the premises where sold, be permitted in ................?" 233
The board of elections to which a petition is presented 235
shall furnish printed ballots at the election in accordance with 236
section 3505.06 of the Revised Code, and separate ballots shall 237
be used for the special election. All the questions designated 238
in a valid petition shall be set forth on each ballot and the 239
board shall insert in each question the name or an accurate 240
description of the precinct or residence district in which the 241
election is to be held. Votes shall be cast as provided in 242
section 3505.06 of the Revised Code. 243
Sec. 4301.351. If a petition is for submission of the 252
question of whether the sale of intoxicating liquor OR BEER shall 253
be permitted on Sunday, a special election shall be held in the 254
precinct or residence district at the time fixed as provided in 255
section 4301.33 of the Revised Code. The expenses of holding the 256
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election shall be charged to the municipal corporation or 257
township of which the precinct or residence district is a part. 258
At the election one or more of the following questions, as 260
designated in a valid petition, shall be submitted to the 261
electors of the precinct or residence district: 262
(A) "Shall the sale of intoxicating liquor, of the same 264
types as may be legally sold in this (precinct) (district) on 265
other days of the week, be permitted in this ........ for 266
consumption on the premises where sold, between the hours of one 267
p.m. and midnight on Sunday?" 268
(B) "Shall the sale of intoxicating liquor, of the same 270
types as may be legally sold in this (precinct) (district) on 271
other days of the week, be permitted in this ........ for 272
consumption on the premises where sold, between the hours of one 273
p.m. and midnight on Sunday, at licensed premises where the sale 274
of food and other goods and services exceeds fifty per cent of 275
the total gross receipts of the permit holder at the premises?" 276
(C) "Shall the sale of wine and mixed beverages of the 278
same types as may be legally sold in this (precinct) (district) 279
on other days of the week, be permitted in this ........ for 280
consumption off the premises where sold, between the hours of one 281
p.m. and midnight on Sunday?" 282
(D) "SHALL THE SALE OF BEER UNDER C OR D PERMITS THAT WERE 285
FIRST APPLIED FOR AFTER APRIL 15, 1982, AND THAT AUTHORIZE SALE 286
FOR EITHER ON-PREMISES CONSUMPTION OR OFF-PREMISES CONSUMPTION,
BE PERMITTED IN THIS (PRECINCT) (DISTRICT), BETWEEN THE HOURS OF 287
FIVE-THIRTY a.m. AND MIDNIGHT ON SUNDAY?" 288
No C or D permit holder who first applied for such a permit 290
after April 15, 1982, shall sell beer on Sunday unless the sale 291
of intoxicating liquor is authorized in the precinct or residence 292
district or portion thereof at an election on question (A), (B), 293
or (C) of this section or at an election on question (A), (B), or 295
(C) of section 4301.354 of the Revised Code, OR THE SALE OF BEER 296
IS AUTHORIZED IN THE PRECINCT OR RESIDENCE DISTRICT AT AN 298
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ELECTION ON QUESTION (D) OF THIS SECTION. No D-6 permit is 299
required for the sale of beer on Sunday. 300
The board of elections to which the petition is presented 302
shall furnish printed ballots at the election in accordance with 303
section 3505.06 of the Revised Code, and separate ballots shall 304
be used for the special election. One or more of the questions 305
prescribed by this section, as designated in the petition, shall 306
be set forth on each ballot and the board shall insert in each 307
question the name or an accurate description of the precinct or 308
residence district in which the election is to be held. Votes 309
shall be cast as provided in section 3505.06 of the Revised Code. 310
Sec. 4301.361. If a majority of the electors voting on 319
questions set forth in section 4301.351 of the Revised Code in a 320
precinct or residence district vote "yes" on question (A), or, if 321
both questions (A) and (B) are submitted, "yes" on both questions 322
or "yes" on question (A) but "no" on question (B), sales of 323
intoxicating liquor shall be allowed in the manner and under the 324
conditions specified in question (A), under a D-6 permit, within 325
the precinct or residence district concerned, during the period 326
the election is in effect as defined in section 4301.37 of the 327
Revised Code. 328
If only question (B) is submitted to the voters or if 330
questions (B) and (C) are submitted and a majority of the 331
electors voting in a precinct or residence district vote "yes" on 332
question (B) as set forth in section 4301.351 of the Revised 333
Code, sales of intoxicating liquor shall be allowed in the manner 334
and under the conditions specified in question (B), under a D-6 335
permit, within the precinct or residence district concerned, 336
during the period the election is in effect as defined in section 337
4301.37 of the Revised Code, even if question (A) was also 338
submitted and a majority of the electors voting in the precinct 339
or residence district voted "no." 340
If question (C) is submitted and a majority of electors 342
voting on the question (C) set forth in section 4301.351 of the 343
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Revised Code in a precinct or residence district vote "yes," 344
sales of wine and mixed beverages shall be allowed in the manner 345
and under the conditions specified in question (C), under a D-6 346
permit, within the precinct or residence district concerned, 347
during the period the election is in effect as defined in section 348
4301.37 of the Revised Code. 349
IF QUESTION (D) SET FORTH IN SECTION 4301.351 OF THE 351
REVISED CODE IS SUBMITTED AND A MAJORITY OF ELECTORS VOTING ON 352
THE QUESTION (D) IN A PRECINCT OR RESIDENCE DISTRICT VOTE "YES," 353
SALES OF BEER SHALL BE ALLOWED IN THE MANNER AND UNDER THE 354
CONDITIONS SPECIFIED IN QUESTION (D) WITHIN THE PRECINCT OR 355
RESIDENCE DISTRICT CONCERNED, DURING THE PERIOD THE ELECTION IS
IN EFFECT AS DEFINED IN SECTION 4301.37 OF THE REVISED CODE. IF 356
QUESTION (D) SET FORTH IN SECTION 4301.351 OF THE REVISED CODE IS 357
SUBMITTED AND A MAJORITY OF ELECTORS VOTING ON THE QUESTION (D) 358
IN A PRECINCT OR RESIDENCE DISTRICT VOTE "NO," NO C OR D PERMIT 359
HOLDER WHO FIRST APPLIED FOR SUCH A PERMIT AFTER APRIL 15, 1982, 360
SHALL SELL BEER AS SPECIFIED IN THAT QUESTION WITHIN THE PRECINCT 361
OR RESIDENCE DISTRICT DURING THE PERIOD THE ELECTION IS IN EFFECT 362
AS DEFINED IN SECTION 4301.37 OF THE REVISED CODE UNLESS THE SALE
OF INTOXICATING LIQUOR IS AUTHORIZED IN THE PRECINCT OR RESIDENCE 363
DISTRICT AT AN ELECTION ON QUESTION (A), (B), OR (C) OF SECTION 364
4301.351 OF THE REVISED CODE.
If questions (A), (B), and (C), as set forth in section 366
4301.351 of the Revised Code, are all submitted and a majority of 367
the electors voting in such precinct or residence district vote 368
"no" on all three questions, no sales of intoxicating liquor 369
shall be made within the precinct or residence district concerned 370
after two-thirty a.m. on Sunday, during the period the election 371
is in effect as defined in section 4301.37 of the Revised Code. 372
Sec. 4301.39. (A) When the board of elections of any 382
county determines that a petition for a local option election, 383
presented pursuant to section 4301.33, 4301.331, 4301.332, 384
4303.29, or 4305.14 of the Revised Code is sufficient, it shall 386
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forthwith, by mail, notify the division of liquor control of the 387
fact that such a petition has been filed and approved by it. 388
Upon the determination of the results of any such election, the 389
board shall forthwith notify the division by mail of the result 390
and shall forward with the notice a plat of the precinct or 392
residence district in which the election was held and, if 393
applicable, shall separately identify the portion of the precinct 394
or residence district affected by the election.
(B) On the plat of a precinct or residence district, 396
forwarded with the results of an election that was held under 397
section 4301.35, 4301.351, 4301.353, 4301.354, or 4303.29 of the 398
Revised Code, the board shall show and designate all of the 400
streets and highways in the precinct or residence district. 401
(C) On the plat of a precinct, forwarded with the results 403
of an election that was held under section 4301.352 of the 404
Revised Code, the board shall show and designate all of the 405
following: 406
(1) All of the streets and highways in the precinct; 408
(2) The permit premises designated in the petition that 410
was filed under section 4301.331 of the Revised Code; 411
(3) A class C or D permit holder's personal or corporate 413
name, and if it is different from the permit holder's personal or 414
corporate name, the name of the business conducted by the permit 416
holder on the designated premises; 417
(4) The address of the designated premises. 419
(D) If an application for recount is filed with the board 422
of elections pursuant to section 3515.02 of the Revised Code or 423
if an election contest is commenced pursuant to section 3515.09 424
of the Revised Code, the board of elections shall send written 425
notice of the recount or contest, by certified mail, to the 426
superintendent of liquor control within two days from the date of
the filing of the application for recount or the commencement of 427
an election contest. Upon the final determination of an election 428
recount or contest, the board of elections shall send notice of 429
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the final determination, by certified mail, to the superintendent 430
and the liquor control commission. 431
(E) If, as the result of a local option election, the use 433
of a permit is made partially unlawful, the division shall, 434
within thirty days after receipt of the final notice of the 435
result of the election, pick up and amend the permit by inserting 436
appropriate restrictions on the permit, and forthwith reissue the 437
permit without charge or refund to the permit holder. 438
If, as the result of a local option election, except a 440
local option election held pursuant to section 4301.352 of the 442
Revised Code, the use of a permit is made wholly unlawful, the 444
permit holder may, within thirty days after the certification of 445
such final result by the board of elections to the division, 446
deliver the permit holder's permit to the division for 447
safekeeping as provided in section 4303.272 of the Revised Code.
(F) If a municipal corporation or township has been paid 449
all the moneys due it from permit fees under section 4301.30 of 450
the Revised Code, it shall refund to the division ninety per cent 452
of the money attributed to the unexpired portion of all permits 453
which are still in force at the time of a local option election 454
that makes use of the permits unlawful, except that no refund 455
shall be made for the unexpired portion of a license year that is 456
less than thirty days. Failure of the municipal corporation or 457
township to refund the amount due entitles the permit holders to 458
operate under their permits until the refund has been made. 459
If a municipal corporation or township has been paid all 461
the money due it from permit fees under section 4301.30 of the 462
Revised Code, it shall refund to the division ninety per cent of 464
the money attributable to the unexpired portion of a permit at
the time a local option election under section 4301.352 of the 465
Revised Code makes use of the permit unlawful, except that no 466
refund shall be made for the unexpired portion of a license year 467
that is less than thirty days. Failure of the municipal 468
corporation or township to refund the amount due entitles the 469
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permit holder to operate under the permit until the refund has 470
been made.
(G) IF, AS A RESULT OF A LOCAL OPTION ELECTION, THE SALE 472
OF SPIRITUOUS LIQUOR BY THE PACKAGE FOR CONSUMPTION OFF THE 473
PREMISES WHERE SOLD BY A LIQUOR AGENCY STORE IS MADE UNLAWFUL, 474
THE DIVISION, WITHIN THIRTY DAYS AFTER RECEIVING A FINAL NOTICE 475
OF THE RESULT OF THE ELECTION, SHALL CANCEL THE CONTRACT ENTERED 476
INTO WITH THAT LIQUOR AGENCY STORE UNDER SECTION 4301.17 OF THE 477
REVISED CODE.
Section 2. That existing sections 4301.33, 4301.35, 479
4301.351, 4301.361, and 4301.39 and section 4301.211 of the 480
Revised Code are hereby repealed.