As Reported by the Senate Agriculture Committee
122nd General Assembly
Regular Session Sub. H. B. No. 402
1997-1998
Representatives Schuler, Garcia, Corbin, Mead, Britton, Taylor, Mottley,
Jacobson, Reid, Lewis, Sawyer
A BILL
To amend sections 119.12, 2933.41, 3767.01, 3767.03, 1
3767.05, 4301.01, 4301.25, 4301.252, 4301.32, 2
4301.321, 4301.322, 4301.33, 4301.331, 4301.332, 3
4301.34, 4301.35, 4301.351, 4301.352, 4301.353, 4
4301.354, 4301.36, 4301.361, 4301.362, 4301.363, 5
4301.364, 4301.37, 4301.39, 4301.40, 4301.401, 6
4301.74, 4303.021, 4303.181, 4303.202, 4303.26, 7
4303.261, 4303.29, 4303.292, and 4305.14, to enact 8
sections 4301.281, 4301.323, 4301.324, 4301.333, 9
4301.334, 4301.355, 4301.356, 4301.365, 4301.366, 10
and 4301.404 and to repeal sections 4301.211 and 11
4301.73 of the Revised Code to remove the 12
prohibition against a liquor permit holder 13
advertising the retail price of beer and malt 14
beverages off the permit holder's premises, to 15
make changes in local option elections including 16
the elimination of resident districts, to modify 17
the application of local option liquor elections 18
to state agency stores, to consolidate the 19
adjudication of liquor law nuisances with other 20
statutory nuisances, to authorize the holding of a 21
local option election, on the sale of beer and 22
intoxicating liquor at a community facility, 23
within the municipal corporation or unincorporated 24
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As Reported by the Senate Agriculture Committee
area of the township in which the community 25
facility is located, to prohibit the issuance or 26
renewal of liquor permits at and the transfer of 27
liquor permits to a premises that has been found 28
to be a nuisance, to make changes regarding the 29
criteria for issuance of D-5i permits, to specify 30
that when a property is divided between two 31
election precincts with differing rules governing 32
the sale of beer or intoxicating liquor because of 33
the results of local option elections, the 34
property is considered to be in the precinct where 35
the sale of beer or intoxicating liquor is 36
allowed, to modify the requirements for obtaining 37
an F-2 permit to authorize the sale of beer, wine, 38
and spirituous liquor by certain organizations for 39
not more than 48 hours for on-premises consumption 40
in an area where the sale of beer and wine, but 41
not spirituous liquor, for on-premises consumption 42
is allowed, and to provide that beer, intoxicating 43
liquor, or alcohol seized by the Division of 44
Liquor Control may be used for law enforcement 45
training activities. 46
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.12, 2933.41, 3767.01, 3767.03, 47
3767.05, 4301.01, 4301.25, 4301.252, 4301.32, 4301.321, 4301.322, 48
4301.33, 4301.331, 4301.332, 4301.34, 4301.35, 4301.351, 4301.352, 49
4301.353, 4301.354, 4301.36, 4301.361, 4301.362, 4301.363, 50
4301.364, 4301.37, 4301.39, 4301.40, 4301.401, 4301.74, 4303.021, 51
4303.181, 4303.202, 4303.26, 4303.261, 4303.29, 4303.292, and 52
4305.14 be amended and sections 4301.281, 4301.323, 4301.324, 53
4301.333, 4301.334, 4301.355, 4301.356, 4301.365, 4301.366, and 54
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As Reported by the Senate Agriculture Committee
4301.404 of the Revised Code be enacted to read as follows: 55
Sec. 119.12. Any party adversely affected by any order of an 56
agency issued pursuant to an adjudication denying an applicant 57
admission to an examination, or denying the issuance or renewal of 58
a license or registration of a licensee, or revoking or suspending 59
a license, or allowing the payment of a forfeiture under section 60
4301.252 of the Revised Code, may appeal from the order of the 61
agency to the court of common pleas of the county in which the 62
place of business of the licensee is located or the county in 63
which the licensee is a resident, provided except that appeals 64
from decisions of the liquor control commission may be to the 65
court of common pleas of Franklin county and appeals from 66
decisions of, the state medical board, chiropractic examining 67
board, and board of nursing shall be to the court of common pleas 68
of Franklin county. If any such party is not a resident of and has 69
no place of business in this state, he the party may appeal to the 70
court of common pleas of Franklin county. 71
Any party adversely affected by any order of an agency issued 72
pursuant to any other adjudication may appeal to the court of 73
common pleas of Franklin county, except that appeals from orders 74
of the fire marshal issued under Chapter 3737. of the Revised Code 75
may be to the court of common pleas of the county in which the 76
building of the aggrieved person is located. 77
This section does not apply to appeals from the department of 78
taxation. 79
Any party desiring to appeal shall file a notice of appeal 80
with the agency setting forth the order appealed from and the 81
grounds of his the party's appeal. A copy of such notice of appeal 82
shall also be filed by the appellant with the court. Unless 83
otherwise provided by law relating to a particular agency, such 84
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As Reported by the Senate Agriculture Committee
notices of appeal shall be filed within fifteen days after the 85
mailing of the notice of the agency's order as provided in this 86
section. For purposes of this paragraph, an order includes a 87
determination appealed pursuant to division (C) of section 119.092 88
of the Revised Code. 89
The filing of a notice of appeal shall not automatically 90
operate as a suspension of the order of an agency. If it appears 91
to the court that an unusual hardship to the appellant will result 92
from the execution of the agency's order pending determination of 93
the appeal, the court may grant a suspension and fix its terms. If 94
an appeal is taken from the judgment of the court and the court 95
has previously granted a suspension of the agency's order as 96
provided in this section, such suspension of the agency's order 97
shall not be vacated and shall be given full force and effect 98
until the matter is finally adjudicated. No renewal of a license 99
or permit shall be denied by reason of such suspended order during 100
the period of the appeal from the decision of the court of common 101
pleas. In the case of an appeal from the state medical board or 102
chiropractic examining board, the court may grant a suspension and 103
fix its terms if it appears to the court that an unusual hardship 104
to the appellant will result from the execution of the agency's 105
order pending determination of the appeal and the health, safety, 106
and welfare of the public will not be threatened by suspension of 107
the order. This provision shall not be construed to limit the 108
factors the court may consider in determining whether to suspend 109
an order of any other agency pending determination of an appeal. 110
The final order of adjudication may apply to any renewal of a 111
license or permit which has been granted during the period of the 112
appeal. 113
Notwithstanding any other provision of this section, any 114
order issued by a court of common pleas or a court of appeals 115
suspending the effect of an order of the liquor control commission 116
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issued pursuant to Chapter 4301. or 4303. Of the Revised Code that 117
suspends or, revokes, or cancels a permit issued under Chapter 118
4303. of the Revised Code, or that allows the payment of a 119
forfeiture under section 4301.252 of the Revised Code, shall 120
terminate not more than fifteen six months after the date of the 121
filing of a notice of appeal in the record of the liquor control 122
commission with the clerk of the court of common pleas, even if 123
the matter has not been finally adjudicated within that time and 124
shall not be extended. The court of common pleas, or the court of 125
appeals on appeal, shall render a judgment in that matter within 126
six months after the date of the filing of the record of the 127
liquor control commission with the clerk of the court of common 128
pleas. A court of appeals shall not issue an order suspending the 129
effect of an order of the liquor control commission that extends 130
beyond six months after the date on which the record of the liquor 131
control commission is filed with a court of common pleas. The 132
court of appeals shall not grant an extension of time for filing 133
the record of the liquor control commission with the court. 134
Notwithstanding any other provision of this section, any 135
order issued by a court of common pleas suspending the effect of 136
an order of the state medical board or chiropractic examining 137
board that limits, revokes, suspends, places on probation, or 138
refuses to register or reinstate a certificate issued by the board 139
or reprimands the holder of such a certificate shall terminate not 140
more than fifteen months after the date of the filing of a notice 141
of appeal in the court of common pleas, or upon the rendering of a 142
final decision or order in the appeal by the court of common 143
pleas, whichever occurs first. 144
Within thirty days after receipt of a notice of appeal from 145
an order in any case in which a hearing is required by sections 146
119.01 to 119.13 of the Revised Code, the agency shall prepare and 147
certify to the court a complete record of the proceedings in the 148
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case. Failure of the agency to comply within the time allowed, 149
upon motion, shall cause the court to enter a finding in favor of 150
the party adversely affected. Additional time, however, may be 151
granted by the court, not to exceed thirty days, when it is shown 152
that the agency has made substantial effort to comply. Such record 153
shall be prepared and transcribed and the expense of it shall be 154
taxed as a part of the costs on the appeal. The appellant shall 155
provide security for costs satisfactory to the court of common 156
pleas. Upon demand by any interested party, the agency shall 157
furnish at the cost of the party requesting it a copy of the 158
stenographic report of testimony offered and evidence submitted at 159
any hearing and a copy of the complete record. 160
Notwithstanding any other provision of this section, any 161
party desiring to appeal an order or decision of the state 162
personnel board of review shall, at the time of filing a notice of 163
appeal with the board, provide a security deposit in an amount and 164
manner prescribed in rules that the board shall adopt in 165
accordance with this chapter. In addition, the board is not 166
required to prepare or transcribe the record of any of its 167
proceedings unless the appellant has provided the deposit 168
described above. The failure of the board to prepare or transcribe 169
a record for an appellant who has not provided a security deposit 170
shall not cause a court to enter a finding adverse to the board. 171
172
Unless otherwise provided by law, in the hearing of the 173
appeal, the court is confined to the record as certified to it by 174
the agency. Unless otherwise provided by law, the court may grant 175
a request for the admission of additional evidence when satisfied 176
that such additional evidence is newly discovered and could not 177
with reasonable diligence have been ascertained prior to the 178
hearing before the agency. 179
The court shall conduct a hearing on such appeal and shall 180
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As Reported by the Senate Agriculture Committee
give preference to all proceedings under sections 119.01 to 119.13 181
of the Revised Code, over all other civil cases, irrespective of 182
the position of the proceedings on the calendar of the court. An 183
appeal from an order of the state medical board issued pursuant to 184
division (D) of section 4731.22 of the Revised Code or, the 185
chiropractic examining board issued pursuant to section 4734.101 186
of the Revised Code, or the liquor control commission issued 187
pursuant to Chapter 4301. or 4303. Of the Revised Code shall be 188
set down for hearing at the earliest possible time and takes 189
precedence over all other actions. The hearing in the court of 190
common pleas shall proceed as in the trial of a civil action, and 191
the court shall determine the rights of the parties in accordance 192
with the laws applicable to such action. At such hearing, counsel 193
may be heard on oral argument, briefs may be submitted, and 194
evidence introduced if the court has granted a request for the 195
presentation of additional evidence. 196
The court may affirm the order of the agency complained of in 197
the appeal if it finds, upon consideration of the entire record 198
and such additional evidence as the court has admitted, that the 199
order is supported by reliable, probative, and substantial 200
evidence and is in accordance with law. In the absence of such a 201
finding, it may reverse, vacate, or modify the order or make such 202
other ruling as is supported by reliable, probative, and 203
substantial evidence and is in accordance with law. The court 204
shall award compensation for fees in accordance with section 205
2335.39 of the Revised Code to a prevailing party, other than an 206
agency, in an appeal filed pursuant to this section. 207
The judgment of the court shall be final and conclusive 208
unless reversed, vacated, or modified on appeal. Such appeals may 209
be taken either by the party or the agency, shall proceed as in 210
the case of appeals in civil actions, and shall be pursuant to the 211
Rules of Appellate Procedure and, to the extent not in conflict 212
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with those rules, Chapter 2505. of the Revised Code. Such appeal 213
by the agency shall be taken on questions of law relating to the 214
constitutionality, construction, or interpretation of statutes and 215
rules of the agency, and in such appeal the court may also review 216
and determine the correctness of the judgment of the court of 217
common pleas that the order of the agency is not supported by any 218
reliable, probative, and substantial evidence in the entire 219
record. 220
The court shall certify its judgment to such agency or take 221
such other action necessary to give its judgment effect. 222
Sec. 2933.41. (A)(1) Any property, other than contraband that 223
is subject to the provisions of section 2913.34 or 2933.43 of the 224
Revised Code, other than property that is subject to section 225
3719.141 of the Revised Code, other than property that is 226
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45 227
of the Revised Code, other than a vehicle that is criminally 228
forfeited under an order issued under section 4503.233 or 4503.234 229
of the Revised Code and that is to be disposed of under section 230
4503.234 of the Revised Code, other than property that has been 231
lawfully seized under sections 2933.71 to 2933.75 of the Revised 232
Code in relation to a medicaid fraud offense, and other than 233
property that has been lawfully seized in relation to a violation 234
of section 2923.32 of the Revised Code, that has been lost, 235
abandoned, stolen, seized pursuant to a search warrant, or 236
otherwise lawfully seized or forfeited, and that is in the custody 237
of a law enforcement agency shall be kept safely pending the time 238
it no longer is needed as evidence and shall be disposed of 239
pursuant to this section. Each law enforcement agency that has 240
custody of any property that is subject to this section shall 241
adopt a written internal control policy that addresses the keeping 242
of detailed records as to the amount of property taken in by the 243
agency, that addresses the agency's disposition of the property 244
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As Reported by the Senate Agriculture Committee
under this section, that provides for the keeping of detailed 245
records of the disposition of the property, and that provides for 246
the keeping of detailed financial records of the amount and 247
disposition of any proceeds of a sale of the property under 248
division (D)(8) of this section and of the general types of 249
expenditures made out of the proceeds retained by the agency and 250
the specific amount expended on each general type of expenditure. 251
The policy shall not provide for or permit the identification of 252
any specific expenditure that is made in an ongoing investigation. 253
The policy is a public record open for inspection under section 254
149.43 of the Revised Code. 255
(2)(a) Every law enforcement agency that has any lost, 256
abandoned, stolen, seized, or forfeited property as described in 257
division (A)(1) of this section in its custody shall comply with 258
its written internal control policy adopted under that division 259
relative to the property. Each agency that has any property of 260
that nature in its custody, except for property to be disposed of 261
under division (D)(4) of this section, shall maintain an accurate 262
record, in accordance with its written internal control policy, of 263
each item of the property. The record shall include the date on 264
which each item of property came into the agency's custody, the 265
manner in which it was disposed of, the date of its disposition, 266
the name of the person who received the property if it was not 267
destroyed, and all other information required by the agency's 268
written internal control policy; however, the record shall not 269
identify or enable the identification of the individual officer 270
who seized any item of property. The record of any property that 271
no longer is needed as evidence, and all financial records of the 272
amount and disposition of any proceeds of a sale under division 273
(D)(8) of this section and of the general types of expenditures 274
made out of the proceeds retained by the agency and the specific 275
amount of each general type of expenditure, shall be open to 276
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As Reported by the Senate Agriculture Committee
public inspection during the agency's regular business hours. 277
Each law enforcement agency that, during any calendar year, 278
has any seized or forfeited property as described in division 279
(A)(1) of this section in its custody shall prepare a report 280
covering the calendar year that cumulates all of the information 281
contained in all of the records kept by the agency pursuant to 282
this division for that calendar year and shall send a copy of the 283
cumulative report, no later than the first day of March in the 284
calendar year following the calendar year covered by the report, 285
to the attorney general. Each report received by the attorney 286
general is a public record open for inspection under section 287
149.43 of the Revised Code. 288
(b) Each law enforcement agency that receives in any calendar 289
year any proceeds of a sale under division (D)(8) of this section 290
shall prepare a report covering the calendar year that cumulates 291
all of the information contained in all of the public financial 292
records kept by the agency pursuant to division (D)(2)(a) of this 293
section for that calendar year and shall send a copy of the 294
cumulative report, no later than the first day of March in the 295
calendar year following the calendar year covered by the report, 296
to the attorney general. Each report received by the attorney 297
general is a public record open for inspection under section 298
149.43 of the Revised Code. 299
(c) Not later than the fifteenth day of April in the calendar 300
year in which reports are sent to the attorney general under 301
divisions (A)(2)(a) and (b) of this section, the attorney general 302
shall send to the president of the senate and the speaker of the 303
house of representatives a written notification that does all of 304
the following: 305
(i) Indicates that the attorney general has received from law 306
enforcement agencies reports of the type described in division 307
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section, 308
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As Reported by the Senate Agriculture Committee
whichever is applicable, that cover the previous calendar year and 309
indicates that the reports were received under division (A)(2)(a), 310
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is 311
applicable; 312
(ii) Indicates that the reports are open for inspection under 313
section 149.43 of the Revised Code; 314
(iii) Indicates that the attorney general will provide a copy 315
of any or all of the reports to the president of the senate or the 316
speaker of the house of representatives upon request. 317
(B) A law enforcement agency that has property in its 318
possession that is required to be disposed of pursuant to this 319
section shall make a reasonable effort to locate the persons 320
entitled to possession of the property in its custody, to notify 321
them of when and where it may be claimed, and to return the 322
property to them at the earliest possible time. In the absence of 323
evidence identifying persons entitled to possession, it is 324
sufficient notice to advertise in a newspaper of general 325
circulation in the county, briefly describing the nature of the 326
property in custody and inviting persons to view and establish 327
their right to it. 328
(C) A person loses any right that the person may have to the 329
possession, or the possession and ownership, of property if any of 330
the following applies: 331
(1) The property was the subject, or was used in a conspiracy 332
or attempt to commit, or in the commission, of an offense other 333
than a traffic offense, and the person is a conspirator, 334
accomplice, or offender with respect to the offense. 335
(2) A court determines that the property should be forfeited 336
because, in light of the nature of the property or the 337
circumstances of the person, it is unlawful for the person to 338
acquire or possess the property. 339
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As Reported by the Senate Agriculture Committee
(D) Unclaimed or forfeited property in the custody of a law 340
enforcement agency, other than contraband that is subject to the 341
provisions of section 2913.34 or 2933.43 of the Revised Code, 342
other than property forfeited under sections 2923.44 to 2923.47 or 343
2925.41 to 2925.45 of the Revised Code, and other than property 344
that has been lawfully seized in relation to a violation of 345
section 2923.32 of the Revised Code, shall be disposed of on 346
application to and order of any court of record that has 347
territorial jurisdiction over the political subdivision in which 348
the law enforcement agency has jurisdiction to engage in law 349
enforcement activities, as follows: 350
(1) Drugs shall be disposed of pursuant to section 3719.11 of 351
the Revised Code or placed in the custody of the secretary of the 352
treasury of the United States for disposal or use for medical or 353
scientific purposes under applicable federal law. 354
(2) Firearms and dangerous ordnance suitable for police work 355
may be given to a law enforcement agency for that purpose. 356
Firearms suitable for sporting use or as museum pieces or 357
collectors' items may be sold at public auction pursuant to 358
division (D)(8) of this section. Other firearms and dangerous 359
ordnance shall be destroyed by the agency or shall be sent to the 360
bureau of criminal identification and investigation for 361
destruction by the bureau. 362
(3) Obscene materials shall be destroyed. 363
(4) Beer, intoxicating liquor, or alcohol seized from a 364
person who is not the holder of a permit issued under Chapters 365
4301. and 4303. of the Revised Code or is an offender and 366
forfeited to the state under section 4301.45 or 4301.53 of the 367
Revised Code either shall be sold by the division of liquor 368
control, if the division determines that the beer, intoxicating 369
liquor, or alcohol is fit for sale, or shall be placed in the 370
custody of the investigations unit in the department of public 371
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As Reported by the Senate Agriculture Committee
safety and be used for training relating to law enforcement 372
activities. The department, with the assistance of the division of 373
liquor, shall adopt rules in accordance with Chapter 119. Of the 374
Revised Code to provide for the distribution of such beer, 375
intoxicating liquor, or alcohol to state or local law enforcement 376
agencies upon their request. If any tax imposed under Title XLIII 377
of the Revised Code has not been paid in relation to the beer, 378
intoxicating liquor, or alcohol, the proceeds of the sale shall 379
first be used to pay the tax. All other money collected under 380
division (D)(4) of this section shall be paid into the state 381
treasury. Any such beer, intoxicating liquor, or alcohol that the 382
division determines to be unfit for sale shall be destroyed. 383
(5) Money received by an inmate of a correctional institution 384
from an unauthorized source or in an unauthorized manner shall be 385
returned to the sender, if known, or deposited in the inmates' 386
industrial and entertainment fund if the sender is not known. 387
388
(6) Vehicles and vehicle parts forfeited under sections 389
4549.61 to 4549.63 of the Revised Code may be given to a law 390
enforcement agency for use in the performance of its duties. Those 391
parts may be incorporated into any other official vehicle. Parts 392
that do not bear vehicle identification numbers or derivatives of 393
them may be sold or disposed of as provided by rules of the 394
director of public safety. Parts from which a vehicle 395
identification number or derivative of it has been removed, 396
defaced, covered, altered, or destroyed and that are not suitable 397
for police work or incorporation into an official vehicle shall be 398
destroyed and sold as junk or scrap. 399
(7)(a) Computers, computer networks, computer systems, and 400
computer software suitable for police work may be given to a law 401
enforcement agency for that purpose. Other computers, computer 402
networks, computer systems, and computer software shall be 403
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As Reported by the Senate Agriculture Committee
disposed of pursuant to division (D)(8) of this section. 404
(b) As used in this section, "computers," "computer 405
networks," "computer systems," and "computer software" have the 406
same meanings as in section 2913.01 of the Revised Code. 407
(8) Other unclaimed or forfeited property, with the approval 408
of the court, may be used by the law enforcement agency that has 409
possession of it. If the other unclaimed or forfeited property is 410
not used by the law enforcement agency, it may be sold, without 411
appraisal, at a public auction to the highest bidder for cash, or, 412
in the case of other unclaimed or forfeited moneys, disposed of in 413
another manner that the court considers proper in the 414
circumstances. 415
(E)(1)(a) If the property was in the possession of the law 416
enforcement agency in relation to a delinquent child proceeding in 417
a juvenile court, ten per cent of the proceeds from property 418
disposed of pursuant to this section shall be applied to one or 419
more alcohol and drug addiction treatment programs that are 420
certified by the department of alcohol and drug addiction services 421
under section 3793.06 of the Revised Code and that are specified 422
by the court in its order issued under division (D) of this 423
section. A juvenile court shall not specify an alcohol or drug 424
addiction treatment program in the order unless the program is a 425
certified alcohol and drug addiction treatment program and, except 426
as provided in division (E)(1)(a) of this section, unless the 427
program is located in the county in which the court that issues 428
the orders is located or in a contiguous county. If no certified 429
alcohol and drug addiction treatment program is located in any of 430
those counties, the juvenile court may specify in the order a 431
certified alcohol and drug addiction treatment program located 432
anywhere within this state. The remaining ninety per cent of the 433
proceeds shall be applied as provided in divisions (E)(1)(b) of 434
this section. 435
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If the property was in the possession of the law enforcement 436
agency other than in relation to a delinquent child proceeding in 437
a juvenile court, all of the proceeds from property disposed of 438
pursuant to this section shall be applied as provided in division 439
(E)(1)(b) of this section. 440
(b) Except as provided in divisions (D)(4), (5), and (E)(2) 441
of this section and after compliance with division (E)(1)(a) of 442
this section when that division is applicable, the proceeds from 443
property disposed of pursuant to this section shall be placed in 444
the general fund of the state, the county, the township, or the 445
municipal corporation, of which the law enforcement agency 446
involved is an agency. 447
(2) Each board of county commissioners that recognizes a 448
citizens' reward program as provided in section 9.92 of the 449
Revised Code shall notify each law enforcement agency of that 450
county and each law enforcement agency of a township or municipal 451
corporation wholly located in that county of the official 452
recognition of the citizens' reward program by filing a copy of 453
its resolution conferring that recognition with each of those law 454
enforcement agencies. When the board of county commissioners of a 455
county recognizes a citizens' reward program and the county 456
includes a part, but not all, of the territory of a municipal 457
corporation, the board shall so notify the law enforcement agency 458
of that municipal corporation of the official recognition of the 459
citizens' reward program only if the county contains the highest 460
percentage of the municipal corporation's population. Upon receipt 461
of a notice of that nature, each law enforcement agency shall pay 462
twenty-five per cent of the proceeds from each sale of property 463
disposed of pursuant to this section to the citizens' reward 464
program for use exclusively for the payment of rewards. No part of 465
those funds may be used to pay for the administrative expenses or 466
any other expenses associated with a citizens' reward program. If 467
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As Reported by the Senate Agriculture Committee
a citizens' reward program that operates in more than one county 468
or in another state or states in addition to this state receives 469
funds pursuant to this section, the funds shall be used to pay 470
rewards only for tips and information to law enforcement agencies 471
concerning felonies, offenses of violence, or misdemeanors that 472
have been committed in the county from which the funds were 473
received. 474
(F) This section does not apply to the collection, storage, 475
or disposal of abandoned junk motor vehicles. This section shall 476
not be construed to rescind or restrict the authority of a 477
municipal law enforcement agency to keep and dispose of lost, 478
abandoned, stolen, seized, or forfeited property under an 479
ordinance of the municipal corporation, provided that, when a 480
municipal corporation that has received notice as provided in 481
division (E)(2) of this section disposes of property under an 482
ordinance of that nature, it shall pay twenty-five per cent of the 483
proceeds from any sale or auction to the citizens' reward program 484
as provided under that division. 485
(G) The receipt of funds by a citizens' reward program 486
pursuant to division (E) of this section does not make it a 487
governmental unit for purposes of section 149.43 of the Revised 488
Code and does not subject it to the disclosure provisions of that 489
section. 490
(H) For purposes of this section, "law enforcement agency" 491
includes correctional institutions. As used in this section, 492
"citizens' reward program" has the same meaning as in section 9.92 493
of the Revised Code. 494
Sec. 3767.01. As used in all sections of the Revised Code 495
relating to nuisances: 496
(A) "Place" includes any building, erection, or place or any 497
separate part or portion thereof or the ground itself; 498
Sub. H. B. No. 402 Page 17
As Reported by the Senate Agriculture Committee
(B) "Person" includes any individual, corporation, 499
association, partnership, trustee, lessee, agent, or assignee; 500
(C) "Nuisance" means that any of the following: 501
(1) That which is defined and declared by statutes to be such 502
and also means any a nuisance; 503
(2) Any place in or upon which lewdness, assignation, or 504
prostitution is conducted, permitted, continued, or exists, or any 505
place, in or upon which lewd, indecent, lascivious, or obscene 506
films or plate negatives, film or plate positives, films designed 507
to be projected on a screen for exhibition films, or glass slides 508
either in negative or positive form designed for exhibition by 509
projection on a screen, are photographed, manufactured, developed, 510
screened, exhibited, or otherwise prepared or shown, and the 511
personal property and contents used in conducting and maintaining 512
any such place for any such purpose. This chapter shall not affect 513
any newspaper, magazine, or other publication entered as second 514
class matter by the post-office department. 515
(3) Any room, house, building, boat, vehicle, structure, or 516
place where beer or intoxicating liquor is manufactured, sold, 517
bartered, possessed, or kept in violation of law and all property 518
kept and used in maintaining the same, and all property designed 519
for the unlawful manufacture of beer or intoxicating liquor and 520
beer or intoxicating liquor contained in the room, house, 521
building, boat, structure, or place, or the operation of such a 522
room, house, building, boat, structure, or place as described in 523
division (C)(3) of this section where the operation of that place 524
substantially interferes with public decency, sobriety, peace, and 525
good order. "Violation of law" includes, but is not limited to, 526
sales to any person under the legal drinking age as prohibited in 527
division (A) of section 4301.22 or division (A) of section 4301.69 528
of the Revised Code and any violation of section 2913.46 or 529
2925.03 of the Revised Code. 530
Sub. H. B. No. 402 Page 18
As Reported by the Senate Agriculture Committee
(4) A place where beer or intoxicating liquor is sold, 531
furnished, or given away in violation of section 4399.09 of the 532
Revised Code on a second or subsequent offense. 533
Sec. 3767.03. Whenever a nuisance exists, the attorney 534
general; the village solicitor, city director of law, or other 535
similar chief legal officer of the municipal corporation in which 536
the nuisance exists; the prosecuting attorney of the county in 537
which the nuisance exists; the law director of a township that has 538
adopted the limited self-government form of government under 539
Chapter 504. of the Revised Code; or any person who is a citizen 540
of the country in which the nuisance exists may bring an action in 541
equity in the name of the state, upon the relation of the attorney 542
general; the village solicitor, city director of law, or other 543
similar chief legal officer of the municipal corporation; the 544
prosecuting attorney; the township law director; or the person, to 545
abate the nuisance and to perpetually enjoin the person 546
maintaining the nuisance from further maintaining it. Whenever a 547
nuisance exists at a liquor permit premises, the superintendent of 548
the division of liquor control or the liquor enforcement division 549
of the department of public safety, through the office of the 550
attorney general, may also bring such an action. If an action is 551
instituted under this section by a person other than the 552
prosecuting attorney; the village solicitor, city director of law, 553
or other similar chief legal officer of the municipal corporation; 554
the superintendent of liquor control or the liquor enforcement 555
division; the attorney general; or the township law director, the 556
complainant shall execute a bond in the sum of not less than five 557
hundred dollars, to the defendant, with good and sufficient surety 558
to be approved by the court or clerk of the court, to secure to 559
the defendant any damages the defendant may sustain and the 560
reasonable attorney's fees the defendant may incur in defending 561
the action if the action is wrongfully brought, not prosecuted to 562
Sub. H. B. No. 402 Page 19
As Reported by the Senate Agriculture Committee
final judgment, is dismissed, or is not maintained, or if it is 563
finally decided that an injunction should not have been granted. 564
If it is finally decided that an injunction should not have been 565
granted or if the action was wrongfully brought, not prosecuted to 566
final judgment, dismissed, or not maintained, the defendant shall 567
have recourse against the bond for all damages suffered, including 568
damages to the defendant's property, person, or character, and for 569
the reasonable attorney's fees incurred by the defendant in 570
defending the action. 571
Any agency, officer, or other person bringing an action under 572
this section against the holder of a liquor permit issued under 573
Chapter 4303. Of the Revised Code shall notify the division of 574
liquor control, the liquor control commission, and the liquor 575
enforcement division of the department of public safety regarding 576
the action at the time of bringing the action. 577
Sec. 3767.05. (A) The civil action provided for in section 578
3767.03 of the Revised Code shall be set down for trial at the 579
earliest possible time and shall have precedence over all other 580
cases except those involving crimes, election contests, or 581
injunctions regardless of the position of the proceedings on the 582
calendar of the court. In the civil action, evidence of the 583
general reputation of the place where the nuisance is alleged to 584
exist or an admission or finding of guilt of any person under the 585
criminal laws against prostitution, lewdness, assignation, or 586
other prohibited conduct at the place is admissible for the 587
purpose of proving the existence of the nuisance and is 588
prima-facie evidence of the nuisance and of knowledge of and of 589
acquiescence and participation in the nuisance on the part of the 590
person charged with maintaining it. 591
(B) If the complaint for the permanent injunction is filed by 592
a person who is a citizen of the county, it shall not be dismissed 593
Sub. H. B. No. 402 Page 20
As Reported by the Senate Agriculture Committee
unless the complainant and his the complainant's attorney submit a 594
sworn statement setting forth the reasons why the civil action 595
should be dismissed and the dismissal is approved by the 596
prosecuting attorney in writing or in open court. If the person 597
who files the complaint for the permanent injuction is a citizen 598
of the county, if that person refuses or otherwise fails to 599
prosecute the complaint to judgment, and if the civil action is 600
not dismissed pursuant to this division, then, with the approval 601
of the court, the attorney general, the prosecuting attorney of 602
the county in which the nuisance exists, or the village solicitor, 603
city director of law, or other similar chief legal officer of the 604
municipal corporation in which the nuisance exists, may be 605
substituted for the complainant and prosecute the civil action to 606
judgment. 607
(C) If the civil action is commenced by a person who is a 608
citizen of the county where the nuisance is alleged to exist and 609
the court finds that there were no reasonable grounds or cause for 610
the civil action, the costs may be taxed to that person. 611
(D) If the existence of the nuisance is established upon the 612
trial of the civil action, a judgment shall be entered that 613
perpetually enjoins the defendant and any other person from 614
further maintaining the nuisance at the place complained of and 615
the defendant from maintaining the nuisance elsewhere. 616
(E) If the court finds that a nuisance described in division 617
(C)(3) or (4) of section 3767.01 of the Revised Code exists, the 618
court shall order the nuisance to be abated, and, in entering 619
judgment for nuisance, the court shall do all of the following: 620
(1) Specify that judgment is entered pursuant to Division (E) 621
of this section; 622
(2) Order that no beer or intoxicating liquor may be 623
manufactured, sold, bartered, possessed, kept, or stored in the 624
Sub. H. B. No. 402 Page 21
As Reported by the Senate Agriculture Committee
room, house, building, structure, place, boat, or vehicle or any 625
part thereof. The court need not find that the property was being 626
unlawfully used at the time of the hearing on the matter if the 627
court finds there existed a nuisance as described in division 628
(C)(3) or (4) of section 3767.01 of the Revised Code. 629
(3) Order that the room, house, building, boat, vehicle, 630
structure, or place not be occupied or used for one year after the 631
judgment is rendered. The court may permit the premises to be 632
occupied by a person other than the defendant in the nuisance 633
action, or an agent of, or entity owned in whole or part by, the 634
defendant, if the person, lessee, tenant, or occupant of the 635
location posts a bond with sufficient surety, to be approved by 636
the court issuing the order, in the sum of not less than one 637
thousand nor more than five thousand dollars, payable to the state 638
of Ohio, on the condition that no beer or intoxicating liquor 639
thereafter shall be manufactured, sold, bartered, possessed, kept, 640
stored, transported, or otherwise disposed of on the premises in 641
violation of law, and the person agrees to pay all fines, costs, 642
and damages that may be assessed for a violation. A reasonable sum 643
shall be allowed an officer by the issuing court for the cost of 644
closing and keeping closed the premises that is the subject of the 645
nuisance action. 646
(4) Send notice of the judgment entered to the division of 647
liquor control, the liquor control commission, and the liquor 648
enforcement division of the department of public safety. 649
(F) A defendant found in violation of division (C)(3) or (4) 650
of section 3767.01 of the Revised Code also is subject to 651
liability and penalties under sections 4301.74 and 4399.09 of the 652
Revised Code. 653
(G) If a court enters judgment pursuant to division (D) or 654
(E) of this section finding that a nuisance exists at a liquor 655
permit premises or as a result of the operation of a liquor permit 656
Sub. H. B. No. 402 Page 22
As Reported by the Senate Agriculture Committee
premises, except in the case of a nuisance found as a result of a 657
violation of a local zoning ordinance or resolution, the statement 658
required under division (A) of section 4301.331 of the Revised 659
Code shall be filed with the board of elections in the county in 660
which the nuisance exists, not later than four p.m. of the 661
seventy-fifth day before the day of the next general or primary 662
election. 663
Sec. 4301.01. (A) As used in the Revised Code: 664
(1) "Intoxicating liquor" and "liquor" include all liquids 665
and compounds, other than beer as defined in division (B)(2) of 666
this section, containing one-half of one per cent or more of 667
alcohol by volume which are fit to use for beverage purposes, from 668
whatever source and by whatever process produced, by whatever name 669
called, and whether the same are medicated, proprietary, or 670
patented. The phrase includes wine, as defined in division (B)(3) 671
of this section even if it contains less than four per cent of 672
alcohol by volume, mixed beverages, as defined in division (B)(4) 673
of this section even if they contain less than four per cent of 674
alcohol by volume, cider, as defined in division (B)(23)(21) of 675
this section, alcohol, and all solids and confections which 676
contain any alcohol. 677
(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to 678
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the 679
Revised Code, "sale" and "sell" include exchange, barter, gift, 680
offer for sale, sale, distribution and delivery of any kind, and 681
the transfer of title or possession of beer and intoxicating 682
liquor either by constructive or actual delivery by any means or 683
devices whatever, including the sale of beer or intoxicating 684
liquor by means of a controlled access alcohol and beverage 685
cabinet pursuant to section 4301.21 of the Revised Code. "Sale" 686
and "sell" do not include the mere solicitation of orders for beer 687
Sub. H. B. No. 402 Page 23
As Reported by the Senate Agriculture Committee
or intoxicating liquor from the holders of permits issued by the 688
division of liquor control authorizing the sale of the beer or 689
intoxicating liquor, but no solicitor shall solicit any such 690
orders until the solicitor has been registered with the division 691
pursuant to section 4303.25 of the Revised Code. 692
(3) "Vehicle" includes all means of transportation by land, 693
by water, or by air, and everything made use of in any way for 694
such transportation. 695
(B) As used in sections 4301.01 to 4301.74 of the Revised 696
Code: 697
(1) "Alcohol" means ethyl alcohol, whether rectified or 698
diluted with water or not, whatever its origin may be, and 699
includes synthetic ethyl alcohol. "Alcohol" does not include 700
denatured alcohol and wood alcohol. 701
(2) "Beer," "malt liquor," or "malt beverages" includes all 702
brewed or fermented malt products containing one-half of one per 703
cent or more of alcohol by volume but not more than six per cent 704
of alcohol by weight. 705
(3) "Wine" includes all liquids fit to use for beverage 706
purposes containing not less than one-half of one per cent of 707
alcohol by volume and not more than twenty-one per cent of alcohol 708
by volume, which is made from the fermented juices of grapes, 709
fruits, or other agricultural products, except that as used in 710
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the 711
Revised Code, and, for purposes of determining the rate of the tax 712
that applies, division (B) of section 4301.43 of the Revised Code, 713
"wine" does not include cider. 714
(4) "Mixed beverages" such as bottled and prepared cordials, 715
cocktails, and highballs are products obtained by mixing any type 716
of whiskey, neutral spirits, brandy, gin, or other distilled 717
spirits with, or over, carbonated or plain water, pure juices from 718
Sub. H. B. No. 402 Page 24
As Reported by the Senate Agriculture Committee
flowers and plants, and other flavoring materials. The completed 719
product shall contain not less than one-half of one per cent of 720
alcohol by volume and not more than twenty-one per cent of alcohol 721
by volume. 722
(5) "Spirituous liquor" includes all intoxicating liquors 723
containing more than twenty-one per cent of alcohol by volume. 724
(6) "Sealed container" means any container having a capacity 725
of not more than one hundred twenty-eight fluid ounces, the 726
opening of which is closed to prevent the entrance of air. 727
(7) "Person" includes firms and corporations. 728
(8) "Manufacture" includes all processes by which beer or 729
intoxicating liquor is produced, whether by distillation, 730
rectifying, fortifying, blending, fermentation, brewing, or in any 731
other manner. 732
(9) "Manufacturer" means any person engaged in the business 733
of manufacturing beer or intoxicating liquor. 734
(10) "Wholesale distributor" and "distributor" means a person 735
engaged in the business of selling to retail dealers for purposes 736
of resale. 737
(11) "Hotel" has the meaning set forth in section 3731.01 of 738
the Revised Code, subject to the exceptions mentioned in section 739
3731.03 of the Revised Code. 740
(12) "Restaurant" means a place located in a permanent 741
building provided with space and accommodations wherein, in 742
consideration of the payment of money, hot meals are habitually 743
prepared, sold, and served at noon and evening, as the principal 744
business of the place. "Restaurant" does not include pharmacies, 745
confectionery stores, lunch stands, night clubs, and filling 746
stations. 747
(13) "Club" means a corporation or association of individuals 748
Sub. H. B. No. 402 Page 25
As Reported by the Senate Agriculture Committee
organized in good faith for social, recreational, benevolent, 749
charitable, fraternal, political, patriotic, or athletic purposes, 750
which is the owner, lessor, or occupant of a permanent building or 751
part thereof operated solely for those purposes, membership in 752
which entails the prepayment of regular dues, and includes the 753
place so operated. 754
(14) "Night club" means a place operated for profit, where 755
food is served for consumption on the premises and one or more 756
forms of amusement are provided or permitted for a consideration 757
which may be in the form of a cover charge or may be included in 758
the price of the food and beverages, or both, purchased by the 759
patrons thereof. 760
(15) "At retail" means for use or consumption by the 761
purchaser and not for resale. 762
(16) "Pharmacy" means an establishment as defined in section 763
4729.01 of the Revised Code, which is under the management or 764
control of a licensed pharmacist in accordance with section 765
4729.27 of the Revised Code. 766
(17) "Enclosed shopping center" means a group of retail sales 767
and service business establishments that face into an enclosed 768
mall, share common ingress, egress, and parking facilities, and 769
are situated on a tract of land that contains an area of not less 770
than five hundred thousand square feet. "Enclosed shopping center" 771
also includes not more than one business establishment that is 772
located within a free-standing building on such a tract of land, 773
so long as the sale of beer and intoxicating liquor on the tract 774
of land was approved in an election held under former section 775
4301.353 of the Revised Code. 776
(18) "Controlled access alcohol and beverage cabinet" means a 777
closed container, either refrigerated, in whole or in part, or 778
nonrefrigerated, access to the interior of which is restricted by 779
Sub. H. B. No. 402 Page 26
As Reported by the Senate Agriculture Committee
means of a device which requires the use of a key, magnetic card, 780
or similar device and from which beer, intoxicating liquor, other 781
beverages, or food may be sold. 782
(19) "Residence district" means two or more contiguous 783
election precincts located within the same county and also located 784
within the same municipal corporation or within the unincorporated 785
area of the same township, as described by a petition authorized 786
by section 4301.33, 4301.332, 4303.29, or 4305.14 of the Revised 787
Code "Community facility" means any community facility, including, 788
but not limited to, a not-for-profit facility that is available 789
for public use, a convention, sports, or entertainment facility or 790
any combination of these, that is owned or operated in whole or in 791
part by the state, a state agency, or a political subdivision of 792
the state, that is leased from, or located on property leased from 793
the state, a state agency, or a political subdivision of the 794
state, or that is used by or accessible to the general public. 795
(20) "Low-alcohol beverage" means any brewed or fermented 796
malt product, or any product made from the fermented juices of 797
grapes, fruits, or other agricultural products, that contains 798
either no alcohol or less than one-half of one per cent of alcohol 799
by volume. The beverages described in division (B)(20) of this 800
section do not include a soft drink such as root beer, birch beer, 801
or ginger beer. 802
(21) "Cider" means all liquids fit to use for beverage 803
purposes that contain one-half of one per cent of alcohol by 804
volume, but not more than six per cent of alcohol by weight that 805
are made through the normal alcoholic fermentation of the juice of 806
sound, ripe apples, including, without limitation, flavored, 807
sparkling, or carbonated cider and cider made from pure condensed 808
apple must. 809
Sec. 4301.25. (A) The liquor control commission may suspend 810
Sub. H. B. No. 402 Page 27
As Reported by the Senate Agriculture Committee
or revoke any permit issued pursuant to Chapters 4301. and 4303. 811
of the Revised Code for the violation of any of the applicable 812
restrictions of such chapters or of any lawful rule of the 813
commission or for other sufficient cause, and for the following 814
causes: 815
(1) Conviction of the holder or the holder's agent or 816
employee for violating a section of Chapters 4301. and 4303. of 817
the Revised Code or for a felony; 818
(2) The entry of a judgment pursuant to division (D) or (E) 819
of section 3767.05 Of the Revised Code against a permit holder or 820
the holder's agent or employee finding the existence of a nuisance 821
at a liquor permit premises or finding the existence of a nuisance 822
as a result of the operation of a liquor permit premises; 823
(3) Making any false material statement in an application for 824
a permit; 825
(3)(4) Assigning, transferring, or pledging a permit contrary 826
to the rules of the commission; 827
(4)(5) Selling or promising to sell beer or intoxicating 828
liquor to a wholesale or retail dealer who is not the holder of a 829
proper permit at the time of the sale or promise; 830
(5)(6) Failure of the holder of a permit to pay an excise tax 831
together with any penalties imposed by the law relating thereto 832
and for violation of any rule of the department of taxation in 833
pursuance thereof. 834
(B) The liquor control commission shall revoke a permit 835
issued pursuant to a provision of Chapter 4301. or 4303. of the 836
Revised Code upon the conviction of the holder of the permit of a 837
violation of division (C)(1) of section 2913.46 of the Revised 838
Code. 839
(C) When the commission considers the length of a suspension 840
Sub. H. B. No. 402 Page 28
As Reported by the Senate Agriculture Committee
of a permit, it may consider the volume of the business of the 841
permit holder, so that the length of the suspension is in 842
proportion to the seriousness of the offense and the permit 843
holder's business in order that the suspension serve as a penalty 844
and a deterrent. Evidence as to the volume of business of the 845
permit holder may be offered by the permit holder or subpoenaed by 846
the commission. 847
Sec. 4301.252. (A)(1) Except as provided in divisions (B) and 848
(C) of this section, when the liquor control commission determines 849
that the permit of any permit holder is to be suspended under 850
Title XLIII of the Revised Code or any rule of the commission, the 851
commission may issue an order allowing a permit holder to elect to 852
pay a forfeiture for each day of the suspension in accordance with 853
division (A)(2) of this section, rather than to suspend operations 854
under the permit holder's permit issued for the premises at which 855
the violation occurred. 856
(2)(a) If the permit holder has not violated, at the premises 857
for which the permit holder's permit was issued, any provision of 858
Title XLIII of the Revised Code or rule of the commission during 859
the preceding two years, the amount of the forfeiture for each day 860
for the suspension shall be from one hundred to two hundred 861
dollars. 862
(b) If the permit holder has violated, at the premises for 863
which the permit holder's permit was issued, any provision of 864
Title XLIII of the Revised Code or rule of the commission for 865
which the permit holder has been disciplined by the commission not 866
more than one other time during the preceding two years, the 867
amount of the forfeiture for each day of the suspension shall be 868
from two hundred to four hundred dollars. 869
(c) Except as provided under division (A)(2)(e) of this 870
section, if the permit holder has subsequently violated, at the 871
Sub. H. B. No. 402 Page 29
As Reported by the Senate Agriculture Committee
premises for which the permit holder's permit was issued, any 872
provision of Title XLIII of the Revised Code or rule of the 873
commission for which the permit holder has been disciplined by the 874
commission more than once, but not more than twice, during the 875
preceding two years, the commission shall establish the amount of 876
the forfeiture for each day of the suspension, but the amount 877
shall be not less than three hundred dollars for each day of 878
suspension. 879
(d) If the permit holder has subsequently violated, at the 880
premises for which the permit holder's permit was issued, any 881
provision of Title XLIII of the Revised Code or rule of the 882
commission for which the permit holder has been disciplined by the 883
commission more than twice during the preceding two years, the 884
commission may suspend or revoke the permit issued for the 885
premises at which the violation occurred, but shall not allow the 886
permit holder to pay a forfeiture instead of suspending or 887
revoking the permit holder's permit operations. 888
(e) If the permit holder has committed, at the premises for 889
which the permit holder's permit was issued, a gambling offense as 890
defined in section 2915.01, a drug abuse offense as defined in 891
section 2925.01, an offense described in section 2907.07, 2907.21, 892
2907.22, 2907.23, 2907.24, 2907.25, division (A) or (B) of section 893
4301.22, or section 4301.69 of the Revised Code or a municipal 894
ordinance substantially equivalent to any offense defined or 895
described in a section listed in division (A)(2)(e) of this 896
section for which the permit holder has been disciplined by the 897
commission more than once but not more than twice during the 898
preceding two years, the commission may suspend or revoke the 899
permit issued for the premises at which the violation occurred, 900
but shall not allow the permit holder to pay a forfeiture instead 901
of suspending or revoking the permit holder's permit operations. A 902
person does not have to plead guilty to or be convicted of an 903
Sub. H. B. No. 402 Page 30
As Reported by the Senate Agriculture Committee
offense defined or described in a section listed in division 904
(A)(2)(e) of this section in order for this division to apply. 905
(3) When the commission issues an order allowing a permit 906
holder the option of paying a forfeiture rather than suspending 907
operations under the permit holder's permit issued for the 908
premises at which the violation occurred, the order shall notify 909
the permit holder of the option of paying a forfeiture. The order 910
shall state the number of days for which the permit may be 911
suspended, and that the permit holder has twenty-one days after 912
the date on which the order was sent to pay the full amount of the 913
forfeiture by certified check and that if the permit holder does 914
not do so, the permit holder's permit issued for the premises at 915
which the violation occurred shall be suspended for the period 916
stated in the order. If the permit holder fails to pay the full 917
amount of the forfeiture by certified check within twenty-one days 918
after the date on which the order was sent, the commission shall 919
issue an order suspending the permit holder's permit issued for 920
the premises at which the violation occurred for the period stated 921
in the order allowing payment of a forfeiture. The suspension 922
shall be effective on the twenty-eighth day after the date on 923
which the order allowing the payment of a forfeiture was sent. 924
Even the a permit holder who pays a forfeiture may file an appeal 925
under section 119.12 of the Revised Code. A permit holder shall be 926
considered to have paid a forfeiture when the permit holder's 927
certified check is received by the commission in Columbus. Upon 928
receipt of a permit holder's certified check under this division, 929
the commission shall promptly notify the division of liquor 930
control of its receipt. 931
(B) No permit holder shall be permitted to pay a forfeiture 932
instead of having the permit holder's permit issued for the 933
premises at which the violation occurred suspended if the 934
suspension is ordered for the reasons stated in division (A)(5)(6) 935
Sub. H. B. No. 402 Page 31
As Reported by the Senate Agriculture Committee
of section 4301.25 of the Revised Code. 936
(C) When the evidence and the nature of any violation of 937
Title XLIII of the Revised Code show that continued operation of 938
the permit premises presents a clear and present danger to public 939
health and safety, or if the commission finds, upon reliable, 940
probative, and substantial evidence, that the statutory elements 941
of a felony committed in connection with the operation of the 942
permit premises are present in the action for which the permit 943
holder is being disciplined, the commission may suspend the permit 944
issued for the premises at which the violation occurred and shall 945
not allow the permit holder to pay a forfeiture instead of 946
suspending the permit holder's permit operations. 947
Sec. 4301.281. A liquor permit holder who is the subject of a 948
local option election held pursuant to section 4301.352 of the 949
Revised Code that results in a majority vote of "no" by the 950
electors of the election precinct, and who has appealed the 951
judgment that is the basis for the election held pursuant to that 952
section, may seek an injunction in a separate civil action to 953
prevent the division of liquor control from canceling, revoking, 954
or suspending the liquor permit that was the subject of the 955
election. The civil action seeking an injunction shall be brought 956
in the county in which the liquor permit premises is located. If 957
the injunction is granted, the injunction shall expire no later 958
than one hundred eighty days after the date the injunction is 959
journalized as an order and entry of the court with the clerk of 960
courts and shall not be extended by the issuing court. The civil 961
action seeking an injunction may be consolidated with a pending 962
nuisance action, where appropriate, that was brought pursuant to 963
section 3767.03 of the Revised Code in which the affected liquor 964
permit holder is a defendant or an appellant. If the action 965
seeking an injunction is consolidated with the nuisance action, 966
the injunction shall operate only with respect to the parties to, 967
Sub. H. B. No. 402 Page 32
As Reported by the Senate Agriculture Committee
and the subject matter of, the cause seeking the injunction. 968
Notwithstanding section 4301.31 of the Revised Code, nothing 969
in this section shall be construed to prevent a municipal or 970
county court, a court of common pleas, a court of appeals, or the 971
supreme court from determining the validity of an election held 972
pursuant to section 4301.352 of the Revised Code as a result of a 973
judgment issued in an action brought pursuant to section 3767.03 974
of the Revised Code. Nothing in this section shall be construed to 975
prohibit a court from issuing an injunction or order in regard to 976
a liquor permit that is the subject of such an election. 977
Sec. 4301.32. The privilege of local option as to the sale of 978
intoxicating liquors is hereby conferred upon the electors of an 979
election precinct or residence district named by the petition 980
authorized by section 4301.33 of the Revised Code. 981
Upon the request of an elector, a board of elections of a 982
county that encompasses an election precinct or residence district 983
shall furnish to the elector a copy of the instructions prepared 984
by the secretary of state under division (P) of section 3501.05 of 985
the Revised Code and, within fifteen days after the request, with 986
a certificate indicating the number of valid signatures that will 987
be required upon a petition to hold a special election in that 988
precinct or residence district on a question specified in section 989
4301.35 or 4301.351 of the Revised Code. 990
Sec. 4301.321. The electors of an election precinct may 991
exercise the privilege of local option over the sale of beer or 992
intoxicating liquor by the holder of a class C or D permit at a 993
particular premises situated within the precinct if, within one 994
year prior to the local option election, the permit holder or 995
another person was convicted of or pleaded guilty to committing 996
any combination of three or more violations of section 2907.09, 997
Sub. H. B. No. 402 Page 33
As Reported by the Senate Agriculture Committee
2907.22, 2907.23, 2907.24, 2915.02, 2915.03, division (A) or (B) 998
of section 4301.22, or division (A) of section 4301.69 premises 999
was declared a nuisance, as defined in division (C) of section 1000
3767.01 of the Revised Code on the permit premises and a judgment 1001
was entered pursuant to division (D) or (E) of section 3767.05 Of 1002
the Revised Code in a civil action brought under section 3767.03 1003
or 3767.04 Of the Revised Code. The privilege conferred by this 1004
section is in addition to and shall not be construed to conflict 1005
with the privilege conferred on the electors of the precincts or 1006
districts specified in section 4301.32, 4301.322, 4301.323, or 1007
4305.14 of the Revised Code. 1008
Sec. 4301.322. The electors of an election precinct or 1009
residence district may exercise the privilege of local option 1010
under sections 4301.353 and 4301.354 of the Revised Code on the 1011
sale of beer, the sale of wine and mixed beverages, or the sale of 1012
spirituous liquor, on Sunday or on other days of the week, in a 1013
portion of the precinct or residence district in which the status 1014
of such sales as allowed or prohibited is inconsistent with the 1015
status of such sales in the remainder of the precinct or residence 1016
district because of a change in precinct boundaries by the board 1017
of elections or an annexation of territory to a municipal 1018
corporation. The privilege conferred by this section is in 1019
addition to the privilege conferred on the electors of an election 1020
precinct or residence district as specified in section 4301.32, 1021
4301.321, 4303.29, or 4305.14 of the Revised Code. 1022
If an election is held in a residence district under section 1023
4301.353 or 4301.354 of the Revised Code, no more than one 1024
precinct in the residence district may be a precinct in which the 1025
status of sales in a portion of that precinct of the type of beer 1026
or intoxicating liquor that is the subject of the election is 1027
inconsistent with the status of such sales in the remainder of 1028
Sub. H. B. No. 402 Page 34
As Reported by the Senate Agriculture Committee
that precinct. 1029
Sec. 4301.323. The electors of an election precinct may 1030
exercise the privilege of local option on the sale of beer and any 1031
intoxicating liquor at a particular location within the precinct 1032
if the petitioner for local option election is one of the 1033
following: 1034
(1) An applicant for the issuance or transfer of a liquor 1035
permit at, or to, a particular location within the precinct; 1036
(2) The holder of a liquor permit at a particular location 1037
within the precinct; 1038
(3) A person who operates or seeks to operate a liquor agency 1039
store at a particular location within the precinct; 1040
(4) The designated agent for such an applicant, liquor permit 1041
holder, or liquor agency store. 1042
The privilege conferred by this section is in addition to the 1043
privilege conferred on the electors of precincts under section 1044
4301.32, 4301.321, 4301.322, or 4305.14 of the Revised Code. 1045
Sec. 4301.324. The electors of a municipal corporation or the 1046
unincorporated area of a township may exercise the privilege of 1047
local option on the sale of beer and any intoxicating liquor at a 1048
particular location within the municipal corporation or 1049
unincorporated area of the township if the use of the location is 1050
as a community facility. Only the electors of the municipal 1051
corporation or the unincorporated area of a township may exercise 1052
this election privilege even if the community facility is 1053
partially or wholly owned by the state of Ohio. 1054
Sec. 4301.33. (A) The board of elections shall provide to a 1055
petitioner circulating a petition for an election for the 1056
submission of one or more of the questions specified in divisions 1057
(A) to (C)(D) of section 4301.35 or section 4301.351 of the 1058
Sub. H. B. No. 402 Page 35
As Reported by the Senate Agriculture Committee
Revised Code, at the time he takes of taking out the petition, the 1059
names of the streets and, if appropriate, the address numbers of 1060
residences and business establishments within the precinct or 1061
residence district in which the election is sought, and a form 1062
prescribed by the secretary of state for notifying affected permit 1063
holders and liquor agency stores of the circulation of a petition 1064
for an election for the submission of one or more of the questions 1065
specified in divisions (A) to (C)(D) of section 4301.35 or section 1066
4301.351 of the Revised Code. The petitioner shall, not less than 1067
forty-five days before the petition-filing deadline for the 1068
election, as provided in this section, file with the division of 1069
liquor control the information regarding names of streets and, if 1070
appropriate, address numbers of residences and business 1071
establishments provided by the board of elections, and specify to 1072
the division the precinct or residence district that is concerned 1073
and that would be affected by the results of the election and the 1074
filing deadline. The division shall, within a reasonable period of 1075
time and not later than fifteen days before the filing deadline, 1076
supply the petitioner with a list of the names and addresses of 1077
permit holders who and liquor agency stores, if any, that would be 1078
affected by the election. The list shall contain a heading with 1079
the following words: "Liquor permit holders who and liquor agency 1080
stores that would be affected by the question(s) set forth on 1081
petition for a local option election." 1082
Within five days after a petitioner has received from the 1083
division the list of liquor permit holders who and liquor agency 1084
stores, if any, that would be affected by the question or 1085
questions set forth on a petition for local option election, the 1086
petitioner shall, using the form provided by the board of 1087
elections, notify by certified mail each permit holder and liquor 1088
agency store whose name appears on that list. The form for 1089
notifying affected permit holders and liquor agency stores shall 1090
Sub. H. B. No. 402 Page 36
As Reported by the Senate Agriculture Committee
require the petitioner to state the petitioner's name and street 1091
address and shall contain a statement that a petition is being 1092
circulated for an election for the submission of the question or 1093
questions specified in divisions (A) to (C)(D) of section 4301.35 1094
or section 4301.351 of the Revised Code. The form shall require 1095
the petitioner to state the question or questions to be submitted 1096
as they appear on the petition. 1097
The petitioner shall attach a copy of the list provided by 1098
the division to each petition paper. A part petition paper 1099
circulated at any time without the list of affected permit holders 1100
and liquor agency stores attached to it is invalid. 1101
At the time the petitioner files the petition with the board 1102
of elections, the petitioner shall provide to the board the list 1103
supplied by the division and an affidavit certifying that the 1104
petitioner notified all affected permit holders and liquor agency 1105
stores, if any, on the list in the manner and within the time 1106
required in this section and that, at the time each signer of the 1107
petition affixed the signer's signature to the petition, the 1108
petition paper contained a copy of the list of affected permit 1109
holders and liquor agency stores. 1110
Within five days after receiving a petition calling for an 1111
election for the submission of one or more of the questions 1112
specified in divisions (A) to (C) (D) of section 4301.35 or 1113
section 4301.351 of the Revised Code, the board shall give notice 1114
by certified mail that it has received the petition to all liquor 1115
permit holders and liquor agency stores, if any, whose names 1116
appear on the list of affected permit holders and liquor agency 1117
stores filed by the petitioner as furnished by the division. 1118
Failure of the petitioner to supply the affidavit required by this 1119
section and a complete and accurate list of liquor permit holders 1120
as furnished by the division and liquor agency stores, if any, 1121
invalidates the entire petition. The board of elections shall 1122
Sub. H. B. No. 402 Page 37
As Reported by the Senate Agriculture Committee
provide to a permit holder who or liquor agency store that would 1123
be affected by a proposed local option election, on the permit 1124
holder's or liquor agency store's request, the names of the 1125
streets, and, if appropriate, the address numbers of residences 1126
and business establishments within the precinct or residence 1127
district in which the election is sought that would be affected by 1128
the results of the election. The board may charge a reasonable fee 1129
for this information when provided to the petitioner and the 1130
permit holder or liquor agency store. 1131
(B) Upon the presentation of a petition, not later than four 1132
p.m. of the seventy-fifth day before the day of a general or 1133
primary election, to the board of elections of the county where 1134
the precinct or residence district is located, designating whether 1135
it is a petition for an election for the submission of one or more 1136
of the questions specified in section 4301.35 of the Revised Code, 1137
or a petition for the submission of one or more of the questions 1138
specified in section 4301.351 of the Revised Code, designating the 1139
particular question or questions specified in section 4301.35 or 1140
4301.351 of the Revised Code that are to be submitted, and signed 1141
by the qualified electors of the precinct or residence district 1142
concerned, equal in number to thirty-five per cent of the total 1143
number of votes cast in the precinct concerned for the office of 1144
governor at the preceding general election for that office, in the 1145
case of an election within a single precinct, or equal in number 1146
to fifty-five per cent of the total number of votes cast in the 1147
residence district concerned for the office of governor at the 1148
preceding general election for that office, in the case of an 1149
election within a residence district, the board shall submit the 1150
question or questions specified in the petition to the electors of 1151
the precinct or residence district concerned, on the day of the 1152
next general or primary election, whichever occurs first and shall 1153
proceed as follows: 1154
Sub. H. B. No. 402 Page 38
As Reported by the Senate Agriculture Committee
(A)(1) Such board shall, not later than the sixty-sixth day 1155
before the day of the election for which the question or questions 1156
on the petition would qualify for submission to the electors of 1157
the precinct or residence district, examine and determine the 1158
sufficiency of the signatures and review, examine, and determine 1159
the validity of the petition and, in case of overlapping residence 1160
district petitions or overlapping precinct and residence district 1161
petitions presented within that period, determine which of the 1162
petitions shall govern the further proceedings of the board. In 1163
the case where the board determines that two or more overlapping 1164
petitions are valid, the earlier filed petition shall govern. The 1165
board shall certify the sufficiency and validity of any petition 1166
determined to be valid. The board shall determine the validity of 1167
the petition as of the time of certification as described in this 1168
division. 1169
(B)(2) If a petition is sufficient, and, in case of 1170
overlapping residence district petitions or overlapping precinct 1171
and residence district petitions, after the board has determined 1172
the governing petition, the board to which the petition has been 1173
presented shall order the holding of a special election in the 1174
precinct or residence district for the submission of whichever of 1175
the questions specified in section 4301.35 or 4301.351 of the 1176
Revised Code are designated in the petition, on the day of the 1177
next general or primary election, whichever occurs first. 1178
(3) All petitions filed with a board of elections under this 1179
section shall be open to public inspection under rules adopted by 1180
the board. 1181
(4) Protest against local option petitions may be filed by 1182
any elector eligible to vote on the question or questions 1183
described in the petitions or by a permit holder or liquor agency 1184
store in the precinct or residence district as described in the 1185
petitions, not later than four p.m. of the sixty-fourth day before 1186
Sub. H. B. No. 402 Page 39
As Reported by the Senate Agriculture Committee
the day of the general or primary election for which the petition 1187
qualified. The protest shall be in writing and shall be filed with 1188
the election officials with whom the petition was filed. Upon 1189
filing of the protest, the election officials with whom it is 1190
filed shall promptly fix the time for hearing it, and shall mail 1191
notice of the filing of the protest and the time and place for 1192
hearing it to the person who filed the petition and to the person 1193
who filed the protest. At the time and place fixed, the election 1194
officials shall hear the protest and determine the validity of the 1195
petition. 1196
Sec. 4301.331. (A) The privilege of local option conferred by 1197
section 4301.321 of the Revised Code may shall be exercised if, 1198
not later than four p.m. of the seventy-fifth day before the day 1199
of a general or primary election, a petition together with a copy 1200
of each of the judgment entries of the court for the violations of 1201
section 2907.09, 2907.22, 2907.23, 2907.24, 2915.02, 2915.03, 1202
division (A) or (B) of section 4301.22, or division (A) of section 1203
4301.69 of the Revised Code that are the grounds for the exercise 1204
of the local option privilege is presented to the board of 1205
elections of the county in which the precinct in which the 1206
particular premises at which the permit holder operates pursuant 1207
to the liquor permit that is the subject of the petition is 1208
situated. 1209
The petition provided for in this section may consist of one 1210
or more separate petition papers. In addition to the requirements 1211
of this section, the petitions shall be governed by the rules set 1212
forth in section 3501.38 of the Revised Code. 1213
The petitioner shall attach a copy of each such judgment 1214
entry to each petition paper the petitioner circulates. At the 1215
time the petition is filed with the board of elections, the 1216
petitioner shall provide to the board of elections an affidavit 1217
Sub. H. B. No. 402 Page 40
As Reported by the Senate Agriculture Committee
certifying that at the time each signer signed the petition, the 1218
petition paper contained a copy of each such judgment entry. A 1219
part petition paper circulated at any time without the required 1220
judgment entries attached to it is invalid. Failure of the 1221
petitioner to supply the affidavit required by this section 1222
invalidates the entire petition. The petition is valid only if the 1223
violations named in the judgment entries occurred within one year 1224
prior to the date of the election for which the petition is 1225
presented to the board of elections. The petition shall be signed 1226
by the electors of the precinct equal in number to thirty-five per 1227
cent of the total number of votes cast in the precinct for the 1228
office of governor at the preceding general election for that 1229
office and If a statement is filed PURSUANT to division (F) of 1230
section 3767.05 of the Revised Code indicating that a liquor 1231
permit premises has been adjudged a nuisance. The statement shall 1232
be filed in accordance with this section by at least one of the 1233
following persons: 1234
(1) The attorney general; 1235
(2) The village solicitor of the village in which the 1236
nuisance has been adjudged to exist pursuant to division (D) or 1237
(E) of section 3767.05 of the Revised Code; 1238
(3) The city director of law or other similar chief legal 1239
officer of a municipal corporation in which the nuisance has been 1240
adjudged to exist pursuant to division (D) or (E) of section 1241
3767.05 of the Revised Code; 1242
(4) The prosecuting attorney of a county in which a nuisance 1243
has been adjudged to exist pursuant to division (D) or (E) of 1244
section 3767.05 of the Revised Code; 1245
(5) The law director of a township that has adopted the 1246
limited self-government form of government under Chapter 504. of 1247
the Revised Code in which the nuisance has been adjudged to exist 1248
Sub. H. B. No. 402 Page 41
As Reported by the Senate Agriculture Committee
pursuant to division (D) or (E) of section 3767.05 of the Revised 1249
Code; 1250
(6) The superintendent of the division of liquor control; 1251
(7) The division of liquor enforcement of the department of 1252
public safety. 1253
(B) The statement prescribed under division (A) of this 1254
section shall be filed with the board of elections of the county 1255
in which the nuisance was adjudged to exist pursuant to division 1256
(D) or (E) of section 3767.05 of the Revised Code not later than 1257
four p.m. of the seventy-fifth day before the day of the next 1258
general or primary election, together with a copy of the judgment 1259
and entry issued pursuant to division (D) or (E) of section 1260
3767.05 of the Revised Code that is the basis for the exercise of 1261
the local option privilege. 1262
(C) The statement prescribed under division (A) of this 1263
section shall contain both of the following: 1264
(A)(1) A notice that the petition statement is for the 1265
submission of the question set forth in section 4301.352 of the 1266
Revised Code; 1267
(B)(2) The name of a class C or D permit holder and the 1268
address of the permit holder's permit premises. If the business 1269
conducted by a class C or D permit holder at the permit premises 1270
has a name different from the permit holder's personal or 1271
corporate name, the name of the permit holder's business shall be 1272
stated along with the permit holder's personal or corporate name. 1273
(D) Not later than five days after a petition the statement 1274
prescribed under division (A) of this section is filed under this 1275
section, the board shall give notice by certified mail that it has 1276
received the petition statement to the liquor permit holder whose 1277
permit would be affected by the results of the special election 1278
sought required by the petition filing of the statement. Failure 1279
Sub. H. B. No. 402 Page 42
As Reported by the Senate Agriculture Committee
of the petitioner to supply a complete and accurate address of the 1280
liquor permit holder to the board of elections invalidates the 1281
petition election. Not 1282
For purposes of this section, "complete and accurate address" 1283
means all of the following: 1284
(1) The address of the liquor permit premises; 1285
(2) The address of the statutory agent of the liquor permit 1286
holder, if applicable; 1287
(3) The address of the liquor permit holder if different from 1288
the liquor permit premises address. 1289
(E) Not later than the sixty-sixth day before the day of the 1290
next general or primary election, whichever occurs first, the 1291
board shall examine and determine the sufficiency of the 1292
signatures on the petition and review, examine, and determine the 1293
validity of the petition. The board shall certify the sufficiency 1294
and validity of any petition determined to be valid. The board 1295
shall determine the validity of the petition the statement, make 1296
such determination as of the time of certification. If the board 1297
finds that the petition is valid, it shall, and order the holding 1298
of a special an election in the precinct on the day of that 1299
general or primary election for the submission of the question set 1300
forth in section 4301.352 of the Revised Code. 1301
(F) A petition statement filed with the board of elections 1302
under division (A) of this section shall be open to public 1303
inspection under rules adopted by the board. 1304
An elector who is eligible to vote on the question set forth 1305
in section 4301.352 of the Revised Code or the permit holder named 1306
on the petition statement, not later than four p.m. of the 1307
sixty-fourth day before the day of the special election at which 1308
the question will be submitted to the electors, may file a protest 1309
against a local option petition. The protest shall be in writing 1310
Sub. H. B. No. 402 Page 43
As Reported by the Senate Agriculture Committee
and shall be filed with the election officials with whom the 1311
petition statement was filed. Upon the filing of the protest, the 1312
election officials with whom it is filed shall promptly fix a time 1313
and place for hearing the protest, and shall mail notice of the 1314
time and place for hearing it to the person who filed the petition 1315
statement and to the person who filed the protest. At the time and 1316
place fixed, the election officials shall hear the protest and 1317
determine the validity of the petition statement. 1318
Sec. 4301.332. (A) The board of elections shall provide to a 1319
petitioner circulating a petition for an election for the 1320
submission of one or more of the questions specified in section 1321
4301.353 or 4301.354 of the Revised Code, at the time of taking 1322
out the petition, the names of the streets and, if appropriate, 1323
the address numbers of residences and business establishments 1324
within the precinct or residence district that would be affected 1325
by the results of the election, and a form prescribed by the 1326
secretary of state for notifying affected permit holders of the 1327
circulation of a petition for an election for the submission of 1328
one or more of the questions specified in section 4301.353 or 1329
4301.354 of the Revised Code. The petitioner shall, not less than 1330
forty-five days before the petition-filing deadline for the 1331
election, as provided in this section, file with the division of 1332
liquor control the information regarding names of streets and, if 1333
appropriate, address numbers of residences and business 1334
establishments provided by the board of elections, and specify to 1335
the division the portion of the precinct or residence district 1336
that would be affected by the results of the election and the 1337
filing deadline. The division shall, within a reasonable period of 1338
time and not later than fifteen days before the filing deadline, 1339
supply the petitioner with a list of the names and addresses of 1340
permit holders, if any, who would be affected by the election. The 1341
list shall contain a heading with the following words: "Liquor 1342
Sub. H. B. No. 402 Page 44
As Reported by the Senate Agriculture Committee
permit holders who would be affected by the question(s) set forth 1343
on petition for a local option election." 1344
Within five days after a petitioner has received from the 1345
division the list of liquor permit holders, if any, who would be 1346
affected by the question or questions set forth on a petition for 1347
local option election, the petitioner, using the form provided by 1348
the board of elections, shall notify by certified mail each permit 1349
holder whose name appears on that list. The form for notifying 1350
affected permit holders shall require the petitioner to state the 1351
petitioner's name and street address and shall contain a statement 1352
that a petition is being circulated for an election for the 1353
submission of the question or questions specified in section 1354
4301.353 or 4301.354 of the Revised Code. The form shall require 1355
the petitioner to state the question or questions to be submitted 1356
as they appear on the petition. 1357
The petitioner shall attach a copy of the list provided by 1358
the division to each petition paper. A part petition paper 1359
circulated at any time without the list of affected permit holders 1360
attached to it is invalid. 1361
At the time the petitioner files the petition with the board 1362
of elections, the petitioner shall provide to the board the list 1363
supplied by the division and an affidavit certifying that the 1364
petitioner notified all affected permit holders, if any, on the 1365
list in the manner and within the time required in this section 1366
and that, at the time each signer of the petition affixed the 1367
signer's signature to the petition, the petition paper contained a 1368
copy of the list of affected permit holders. 1369
Within five days after receiving a petition calling for an 1370
election for the submission of one or more of the questions 1371
specified in section 4301.353 or 4301.354 of the Revised Code, the 1372
board shall give notice by certified mail that it has received the 1373
Sub. H. B. No. 402 Page 45
As Reported by the Senate Agriculture Committee
petition to all liquor permit holders, if any, whose names appear 1374
on the list of affected permit holders filed by the petitioner as 1375
furnished by the division. Failure of the petitioner to supply the 1376
affidavit required by this section and a complete and accurate 1377
list of liquor permit holders as furnished by the division 1378
invalidates the entire petition. The board of elections shall 1379
provide to a permit holder who would be affected by a proposed 1380
local option election, on the permit holder's request, the names 1381
of the streets, and, if appropriate, the address numbers of 1382
residences and business establishments within the portion of the 1383
precinct or residence district that would be affected by the 1384
results of the election. The board may charge a reasonable fee for 1385
this information when provided to the petitioner and the permit 1386
holder. 1387
This division does not apply to an election held under 1388
section 4301.353 or 4301.354 of the Revised Code if the results of 1389
the election would not affect any permit holder. 1390
(B) Upon the presentation of a petition, not later than four 1391
p.m. of the seventy-fifth day before the day of a general or 1392
primary election, to the board of elections of the county where 1393
the precinct or residence district is located, designating whether 1394
it is a petition for an election for the submission of one or both 1395
of the questions specified in section 4301.353 of the Revised 1396
Code, or a petition for the submission of one or more of the 1397
questions specified in section 4301.354 of the Revised Code, 1398
designating the particular question or questions specified in 1399
section 4301.353 or 4301.354 of the Revised Code that are to be 1400
submitted, and signed by the qualified electors of the precinct or 1401
residence district concerned, equal in number to thirty-five per 1402
cent of the total number of votes cast in the precinct or 1403
residence district concerned for the office of governor at the 1404
preceding general election for that office, in the case of an 1405
Sub. H. B. No. 402 Page 46
As Reported by the Senate Agriculture Committee
election within a single precinct, or equal in number to 1406
fifty-five per cent of the total number of votes cast in the 1407
residence district concerned for the office of governor at the 1408
preceding general election for that office, in the case of an 1409
election within a residence district, the board shall submit the 1410
question or questions specified in the petition to the electors of 1411
the precinct or residence district concerned, on the day of the 1412
next general or primary election, whichever occurs first and shall 1413
proceed as follows: 1414
(1) Such board shall, not later than the sixty-sixth day 1415
before the day of the election for which the question or questions 1416
on the petition would qualify for submission to the electors of 1417
the precinct or residence district, examine and determine the 1418
sufficiency of the signatures and review, examine, and determine 1419
the validity of the petition and, in case of overlapping residence 1420
district petitions or overlapping precinct and residence district 1421
petitions presented within that period, determine which of the 1422
petitions shall govern the further proceedings of the board. In 1423
the case where the board determines that two or more overlapping 1424
petitions are valid, the earlier filed petition shall govern. The 1425
board shall certify the sufficiency and validity of any petition 1426
determined to be valid. The board shall determine the validity of 1427
the petition as of the time of certification as described in this 1428
division. 1429
(2) If a petition is sufficient, and, in case of overlapping 1430
residence district petitions or overlapping precinct and residence 1431
district petitions, after the board has determined the governing 1432
petition, the board to which the petition has been presented shall 1433
order the holding of a special election in the precinct or 1434
residence district for the submission of whichever of the 1435
questions specified in section 4301.353 or 4301.354 of the Revised 1436
Code are designated in the petition, on the day of the next 1437
Sub. H. B. No. 402 Page 47
As Reported by the Senate Agriculture Committee
general or primary election, whichever occurs first. 1438
(C) All petitions filed with a board of elections under this 1439
section shall be open to public inspection under rules adopted by 1440
the board. 1441
(D) Protest against local option petitions may be filed by 1442
any elector eligible to vote on the question or questions 1443
described in the petitions or by a permit holder in the precinct 1444
or residence district as described in the petitions, not later 1445
than four p.m. of the sixty-fourth day before the day of the 1446
general or primary election for which the petition qualified. The 1447
protest shall be in writing and shall be filed with the election 1448
officials with whom the petition was filed. Upon filing of the 1449
protest, the election officials with whom it is filed shall 1450
promptly fix the time for hearing it, and shall mail notice of the 1451
filing of the protest and the time and place for hearing it to the 1452
person who filed the petition and to the person who filed the 1453
protest. At the time and place fixed, the election officials shall 1454
hear the protest and determine the validity of the petition. 1455
Sec. 4301.333. (A) The privilege of local option conferred by 1456
section 4301.323 of the Revised Code may be exercised if, not 1457
later than four p.m. of the seventy-fifth day before the day of a 1458
general or primary election, a petition is presented to the board 1459
of elections of the county in which the precinct is situated by a 1460
petitioner who is one of the following: 1461
(1) An applicant for the issuance or transfer of a liquor 1462
permit at, or to, a particular location within the precinct; 1463
(2) The holder of a liquor permit at a particular location 1464
within the precinct; 1465
(3) A person who operates or seeks to operate a liquor agency 1466
store at a particular location within the precinct; 1467
(4) The designated agent for such an applicant, liquor permit 1468
Sub. H. B. No. 402 Page 48
As Reported by the Senate Agriculture Committee
holder, or liquor agency store. 1469
(B) The petition shall be signed by the electors of the 1470
precinct equal in number to at least thirty-five per cent of the 1471
total number of votes cast in the precinct for the office of 1472
governor at the preceding general election of that office and 1473
shall contain all of the following: 1474
(1) A notice that the petition is for the submission of the 1475
question or questions set forth in section 4301.353 of the Revised 1476
Code; 1477
(2) The name of the applicant for the issuance or transfer, 1478
or the holder, of the liquor permit or, if applicable, the name of 1479
the liquor agency store, including any trade or fictitious names 1480
under which the applicant or holder or liquor agency store either 1481
intends to or does do business at the particular location; 1482
(3) If the petitioner is the designated agent of the 1483
applicant, liquor holder, or liquor agency store, written evidence 1484
of the designation of the agent by the applicant, liquor permit 1485
holder, or liquor agency store for the purpose of petitioning for 1486
the local option election; 1487
(4) The address and proposed use of the particular location 1488
within the election precinct to which the results of the question 1489
or questions specified in section 4301.355 of the Revised Code 1490
shall apply. For purposes of this division, "use" means all of the 1491
following: 1492
(a) The type of each liquor permit applied for by the 1493
applicant or held by the liquor permit holder as described in 1494
sections 4303.11 to 4303.183 of the Revised Code, including a 1495
description of the type of beer or intoxicating liquor sales 1496
authorized by each permit as provided in those sections; 1497
(b) If a liquor agency store, the fact that the business 1498
operated as a liquor agency store authorized to operate by the 1499
Sub. H. B. No. 402 Page 49
As Reported by the Senate Agriculture Committee
state of Ohio; 1500
(c) A description of the general nature of the business of 1501
the applicant, liquor permit holder, or liquor agency store. 1502
(5) An affidavit signed by the petitioner stating the 1503
proposed use of the location following the election held to 1504
authorize the sale of beer and intoxicating liquor. 1505
(C) Not later than the sixty-sixth day before the day of the 1506
next general or primary election, whichever occurs first, the 1507
board shall examine and determine the sufficiency of the 1508
signatures and the validity of the petition. If the board finds 1509
that the petition contains sufficient signatures and in other 1510
respects is valid, it shall order the holding of an election in 1511
the precinct on the day of the next general or primary election, 1512
whichever occurs first, for the submission of the question or 1513
questions set forth in section 4301.355 of the Revised Code. 1514
(D) A petition filed with the board of elections under this 1515
section shall be open to public inspection under rules adopted by 1516
the board. 1517
(E) An elector who is eligible to vote on the question or 1518
questions set forth in section 4301.355 of the Revised Code may 1519
file, not later than four p.m. of the sixty-fourth day before the 1520
day of the election at which the question or questions will be 1521
submitted to the electors, a protest against a local option 1522
petition circulated and filed pursuant to this section. The 1523
protest shall be in writing and shall be filed with the election 1524
officials with whom the petition was filed. Upon the filing of the 1525
protest, the election officials with whom it is filed shall 1526
promptly establish a time and place for hearing the protest and 1527
shall mail notice of the time and place for the hearing to the 1528
applicant for, or the holder of, the liquor permit who is 1529
specified in the petition and to the elector who filed the 1530
Sub. H. B. No. 402 Page 50
As Reported by the Senate Agriculture Committee
protest. At the time and place established in the notice, the 1531
election officials shall hear the protest and determine the 1532
validity of the petition. 1533
Sec. 4301.334. (A) The privilege of local option conferred by 1534
section 4301.323 Of the Revised Code may be exercised if, not 1535
later than four p.m. of the seventy-fifth day before the day of a 1536
general or primary election, a petition and other information 1537
required by division (B) of this section are presented to the 1538
board of elections of the county in which the community facility 1539
named in the petition is located. The petition shall be signed by 1540
electors of the election precinct in which the community facility 1541
is located equal in number to at least thirty-five per cent of the 1542
total number of votes cast in the precinct for the office of 1543
governor at the most recent general election for that office and 1544
shall contain both of the following: 1545
(1) A notice that the petition is for the submission of the 1546
question set forth in section 4301.356 Of the Revised Code; 1547
(2) The name and address of the community facility for which 1548
the local option election is sought. 1549
(B) Upon the request of a petitioner, a board of elections of 1550
a county shall furnish to the petitioner a copy of the 1551
instructions prepared by the secretary of state under division (P) 1552
of section 3501.05 Of the Revised Code and, within fifteen days 1553
after the request, a certificate indicating the number of valid 1554
signatures that will be required on a petition to hold an election 1555
in the municipal corporation or unincorporated area of the 1556
township in which the community facility is located on the 1557
question specified in section 4301.356 Of the Revised Code. 1558
The petitioner shall, not less than thirty days before the 1559
petition-filing deadline for an election on the question specified 1560
in section 4301.356 Of the Revised Code, specify to the division 1561
Sub. H. B. No. 402 Page 51
As Reported by the Senate Agriculture Committee
of liquor control the name and address of the community facility 1562
for which the election is sought, the municipal corporation or 1563
unincorporated area of a township in which the election is sought, 1564
and the filing deadline. the division shall, within a reasonable 1565
period of time and not later than ten days before the filing 1566
deadline, supply the petitioner with the name and address of the 1567
permit holder for the community facility. 1568
The petitioner shall file the name and address of the permit 1569
holder who would be affected by the election at the time the 1570
petitioner files the petition with the board of elections. Within 1571
five days after receiving the petition, the board shall give 1572
notice by certified mail that it has received the petition to the 1573
permit holder for the community facility. Failure of the 1574
petitioner to supply the name and address of the permit holder for 1575
the community facility as furnished to the petitioner by the 1576
division invalidates the petition. 1577
(C) Not later than the sixty-sixth day before the day of the 1578
next general or primary election, whichever occurs first, the 1579
board shall examine and determine the sufficiency of the 1580
signatures on the petition. If the board finds that the petition 1581
is valid, it shall order the holding of an election in the 1582
municipal corporation or unincorporated area of a township on the 1583
day of the next general or primary election, whichever occurs 1584
first, for the submission of the question set forth in section 1585
4301.356 Of the Revised Code. 1586
(D) A petition filed with a board of elections under this 1587
section shall be open to public inspection under rules adopted by 1588
the board. 1589
(E) An elector who is eligible to vote on the question set 1590
forth in section 4301.356 Of the Revised Code or the permit holder 1591
for the community facility may, not later than four p.m. of the 1592
sixty-fourth day before the day of the election at which the 1593
Sub. H. B. No. 402 Page 52
As Reported by the Senate Agriculture Committee
question will be submitted to the electors, file a written protest 1594
against the local option petition with the board of elections with 1595
which the petition was filed. Upon the filing of the protest, the 1596
board shall promptly fix a time and place for hearing the protest, 1597
and shall mail notice of the time and place to the person who 1598
filed the petition and to the person who filed the protest. At the 1599
time and place fixed, the board shall hear the protest and 1600
determine the validity of the petition. 1601
Sec. 4301.34. The petition provided for in section 4301.33, 1602
4301.331, or 4301.332, 4301.333, or 4301.334 of the Revised Code 1603
may consist of one or more separate petition papers. Petitions and 1604
shall be governed by the rules set forth in section 3501.38 of the 1605
Revised Code. 1606
Sec. 4301.35. If a petition is for submission of one or more 1607
of the questions specified under this section, a special election 1608
shall be held in the precinct or residence district at the time 1609
fixed as provided in section 4301.33 of the Revised Code. The 1610
expenses of holding the election shall be charged to the municipal 1611
corporation or township of which the precinct or residence 1612
district is a part. 1613
At the election any one or more of the following questions, 1614
as designated in a valid petition, shall be submitted to the 1615
electors of the precinct: 1616
(A) "Shall the sale of wine and mixed beverages by the 1617
package, under permits which authorize sale for off-premise 1618
consumption only, be permitted in .................?" 1619
(B) "Shall the sale of wine and mixed beverages, under 1620
permits which authorize sale for on-premise consumption only, and 1621
under permits which authorize sale for both on-premise and 1622
off-premise consumption, be permitted in .......?" 1623
Sub. H. B. No. 402 Page 53
As Reported by the Senate Agriculture Committee
(C) "Shall the sale of spirituous liquors by the glass be 1624
permitted in ..................?" 1625
(D) "Shall state liquor stores or liquor agency stores for 1626
the sale of spirituous liquor by the package, for consumption off 1627
the premises where sold, be permitted in ................?" 1628
The board of elections to which a petition is presented shall 1629
furnish printed ballots at the election in accordance with section 1630
3505.06 of the Revised Code, and separate ballots shall be used 1631
for the special election. All the questions designated in a valid 1632
petition or overlapping petitions containing one or more questions 1633
to be set forth on the ballot shall be set forth on each ballot 1634
and the board shall insert in each question the name or an 1635
accurate description of the precinct or residence district in 1636
which the election is to be held. Votes shall be cast as provided 1637
in section 3505.06 of the Revised Code. 1638
Sec. 4301.351. If a petition is for submission of the 1639
question of whether the sale of intoxicating liquor shall be 1640
permitted on Sunday, a special election shall be held in the 1641
precinct or residence district at the time fixed as provided in 1642
section 4301.33 of the Revised Code. The expenses of holding the 1643
election shall be charged to the municipal corporation or township 1644
of which the precinct or residence district is a part. 1645
At the election one or more of the following questions, as 1646
designated in a valid petition, shall be submitted to the electors 1647
of the precinct or residence district: 1648
(A) "Shall the sale of intoxicating liquor, of the same types 1649
as may be legally sold in this (precinct) (district) on other days 1650
of the week, be permitted in this ........ for consumption on the 1651
premises where sold, between the hours of one p.m. and midnight on 1652
Sunday?" 1653
Sub. H. B. No. 402 Page 54
As Reported by the Senate Agriculture Committee
(B) "Shall the sale of intoxicating liquor, of the same types 1654
as may be legally sold in this (precinct) (district) on other days 1655
of the week, be permitted in this ........ for consumption on the 1656
premises where sold, between the hours of one p.m. and midnight on 1657
Sunday, at licensed premises where the sale of food and other 1658
goods and services exceeds fifty per cent of the total gross 1659
receipts of the permit holder at the premises?" 1660
(C) "Shall the sale of wine and mixed beverages of the same 1661
types as may be legally sold in this (precinct) (district) on 1662
other days of the week, be permitted in this ........ for 1663
consumption off the premises where sold, between the hours of one 1664
p.m. and midnight on Sunday?" 1665
No C or D permit holder who first applied for such a permit 1666
after April 15, 1982, shall sell beer on Sunday unless the sale of 1667
intoxicating liquor is authorized in the precinct or residence 1668
district or portion thereof at an election on question (A), (B), 1669
or (C) of this section or at an election on question (A), (B), or 1670
(C) of section 4301.354 of the Revised Code, whichever question or 1671
questions are appropriate. No D-6 permit is required for the sale 1672
of beer on Sunday. 1673
The board of elections to which the petition is presented 1674
shall furnish printed ballots at the election in accordance with 1675
section 3505.06 of the Revised Code, and separate ballots shall be 1676
used for the special election. One or more of the questions 1677
prescribed by this section, as designated in the petition, shall 1678
be set forth on each ballot and the board shall insert in each 1679
question the name or an accurate description of the precinct or 1680
residence district in which the election is to be held. Votes 1681
shall be cast as provided in section 3505.06 of the Revised Code. 1682
Sec. 4301.352. If a petition is filed under section 4301.331 1683
of the Revised Code for the submission of the question set forth 1684
Sub. H. B. No. 402 Page 55
As Reported by the Senate Agriculture Committee
in this section, a special an election shall be held in the 1685
precinct as ordered by the board of elections under that section. 1686
The expense of holding the special election shall be charged to 1687
the municipal corporation or township of which the precinct is a 1688
part. At the special that election the following question shall be 1689
submitted to the electors of the precinct: 1690
"Shall the sale of ..................... (insert a brief 1691
categorical description of the appropriate beverage) 1692
................... beer and intoxicating liquor 1693
by.................... (insert the permit holder's personal or 1694
corporate name, and if it is different from the permit holder's 1695
personal or corporate name, the name of the permit holder's 1696
business) ...................... at.................... (insert 1697
the address of the permit premises) ...................., which 1698
was adjudged to be a nuisance to the public by (insert the name of 1699
the court, including the name of the political subdivision of the 1700
court, issuing such judgment) ............ on (the date the 1701
judgment was issued by the court) ........... be permitted in this 1702
precinct?" 1703
The board of elections shall furnish printed ballots at the 1704
special election described in this section as provided under 1705
section 3505.06 of the Revised Code, except that a separate ballot 1706
shall be used for the special this election. The question set 1707
forth in this section shall be printed on each ballot and the 1708
board shall insert in the question appropriate words to complete 1709
the question. Votes shall be cast as provided under section 1710
3505.06 of the Revised Code. 1711
Sec. 4301.353. If a petition is filed under section 4301.332 1712
of the Revised Code for the submission of the one or more 1713
questions set forth in this section, a special election shall be 1714
held in the precinct or residence district as ordered by the board 1715
Sub. H. B. No. 402 Page 56
As Reported by the Senate Agriculture Committee
of elections under that section. The expense of holding the 1716
special election shall be charged to the municipal corporation or 1717
township of which the precinct or residence district is a part. 1718
At the election, one or both of the following questions as 1719
designated in a valid petition shall be submitted to the electors 1720
of the precinct or residence district concerning sales on days of 1721
the week other than Sunday: 1722
(A) "Shall the sales of (insert one or both of the following: 1723
beer, or wine and mixed beverages) by the package, under permits 1724
that authorize sale for off-premises consumption only, be 1725
permitted in a portion of this (precinct) (district) in which the 1726
status of the sale of (insert one or both of the following: beer, 1727
or wine and mixed beverages) as allowed or prohibited is 1728
inconsistent with the status of such sale in the remainder of the 1729
(precinct) (district)?" 1730
(B) "Shall the sale of (insert one or more of the following: 1731
beer, wine and mixed beverages, or spirituous liquor), under 1732
permits that authorize sale for on-premises consumption only, and 1733
under permits that authorize sale for both on-premises and 1734
off-premises consumption, be permitted in a portion of this 1735
(precinct) (district) in which the status of the sale of (insert 1736
one or more of the following: beer, wine and mixed beverages, or 1737
spirituous liquor) as allowed or prohibited is inconsistent with 1738
the status of such sale in the remainder of the (precinct) 1739
(district)?" 1740
The board of elections shall furnish printed ballots at the 1741
special election as provided under section 3505.06 of the Revised 1742
Code, except that a separate ballot shall be used for the special 1743
election. One or both of the questions set forth in this section 1744
shall be printed on each ballot and the board shall insert in the 1745
question and statement appropriate words to complete each and a 1746
Sub. H. B. No. 402 Page 57
As Reported by the Senate Agriculture Committee
description of the portion of the precinct or residence district 1747
that would be affected by the results of the election. 1748
The description of the portion of the precinct or residence 1749
district shall include either the complete listing of street 1750
addresses in that portion or a condensed text that accurately 1751
describes the boundaries of the portion of the precinct or 1752
residence district by street name or by another name generally 1753
known by the residents of the portion of the precinct or residence 1754
district. If other than a full street listing is used, the full 1755
street listing also shall be posted in each polling place in a 1756
location that is easily accessible to all voters. Failure of the 1757
board of elections to completely and accurately list all street 1758
addresses in the affected area of the precinct or residence 1759
district does not affect the validity of the election at which the 1760
failure occurred and is not grounds for contesting an election 1761
under section 3515.08 of the Revised Code. Votes shall be cast as 1762
provided under section 3505.06 of the Revised Code. 1763
Sec. 4301.354. If a petition is filed under section 4301.332 1764
of the Revised Code for the submission of the one or more 1765
questions set forth in this section, a special election shall be 1766
held in the precinct or residence district as ordered by the board 1767
of elections under that section. The expense of holding the 1768
special election shall be charged to the municipal corporation or 1769
township of which the precinct or residence district is a part. 1770
At the election, one or more of the following questions as 1771
designated in a valid petition shall be submitted to the electors 1772
of the (precinct) (district) concerning Sunday sales: 1773
(A) "Shall the sale of intoxicating liquor be permitted in a 1774
portion of this (precinct) (district) between the hours of one 1775
p.m. and midnight on Sunday for consumption on the premises where 1776
sold, where the status of such Sunday sales as allowed or 1777
Sub. H. B. No. 402 Page 58
As Reported by the Senate Agriculture Committee
prohibited is inconsistent with the status of such Sunday sales in 1778
the remainder of the (precinct) (district)?" 1779
(B) "Shall the sale of intoxicating liquor be permitted in a 1780
portion of this (precinct) (district) between the hours of one 1781
p.m. and midnight on Sunday for consumption on the premises where 1782
sold at licensed premises where the sale of food and other goods 1783
exceeds fifty per cent of the total gross receipts of the permit 1784
holder at the premises, where the status of such Sunday sales as 1785
allowed or prohibited is inconsistent with the status of such 1786
Sunday sales in the remainder of the (precinct) (district)?" 1787
(C) "Shall the sale of wine and mixed beverages be permitted 1788
in a portion of this (precinct) (district) between the hours of 1789
one p.m. and midnight on Sunday for consumption off the premises 1790
where sold, where the status of such Sunday sales as allowed or 1791
prohibited is inconsistent with the status of such Sunday sales in 1792
the remainder of the (precinct) (district)?" 1793
The board of elections shall furnish printed ballots at the 1794
special election as provided under section 3505.06 of the Revised 1795
Code, except that a separate ballot shall be used for the special 1796
election. The one or more questions set forth in this section 1797
shall be printed on each ballot and the board shall insert in the 1798
question and statement appropriate words to complete each and a 1799
description of the portion of the precinct or residence district 1800
that would be affected by the results of the election. 1801
The description of the portion of the precinct or residence 1802
district shall include either the complete listing of street 1803
addresses in that portion or a condensed text that accurately 1804
describes the boundaries of the portion of the precinct or 1805
residence district by street name or by another name generally 1806
known by the residents of the portion of the precinct or residence 1807
district. If other than a full street listing is used, the full 1808
street listing also shall be posted in each polling place in a 1809
Sub. H. B. No. 402 Page 59
As Reported by the Senate Agriculture Committee
location that is easily accessible to all voters. Failure of the 1810
board of elections to completely and accurately list all street 1811
addresses in the affected area of the precinct or residence 1812
district does not affect the validity of the election at which the 1813
failure occurred and is not grounds for contesting an election 1814
under section 3515.08 of the Revised Code. Votes shall be cast as 1815
provided under section 3505.06 of the Revised Code. 1816
Sec. 4301.355. (A) If a petition is filed under section 1817
4301.333 of the Revised Code for the submission of the question or 1818
questions set forth in this section, it shall be held in the 1819
precinct as ordered by the board of elections under that section. 1820
The expense of holding the election shall be charged to the 1821
municipal corporation or township of which the precinct is a part. 1822
(B) At the election, one or more of the following questions, 1823
as designated in a valid petition, shall be submitted to the 1824
electors of the precinct: 1825
(1) "Shall the sale of beer and any intoxicating liquor be 1826
permitted by.......(Insert name of applicant, liquor permit 1827
holder, or liquor agency store, including trade or fictitious name 1828
under which applicant for, or holder of, liquor permit or liquor 1829
agency store either intends to, or does, do business at the 1830
particular location), an ......... (insert "applicant for" or 1831
"holder of" or "operator of") a ........(insert class name of 1832
liquor permit or permits followed by the words "liquor permit(s)" 1833
or, if appropriate, the words "liquor agency store for the State 1834
of Ohio"), who is engaged in the business of .......(insert 1835
general nature of the business in which applicant or liquor permit 1836
holder is engaged or to be engaged at the particular location, as 1837
described in the petition) at ............(Insert address of the 1838
particular location within the precinct as set forth in the 1839
petition) in this precinct?" 1840
(2) "Shall the sale of beer and intoxicating liquor be 1841
Sub. H. B. No. 402 Page 60
As Reported by the Senate Agriculture Committee
permitted for sale on Sunday by ........ (insert name of 1842
applicant, liquor permit holder, or liquor agency store, including 1843
trade or fictitious name under which applicant for, or holder of, 1844
liquor permit or liquor agency store either intends to, or does, 1845
do business at the particular location), an ......(insert 1846
"applicant for a D-6 liquor permit," "holder of a D-6 liquor 1847
permit," or "liquor agency store") who is engaged in the business 1848
of ...........(insert general nature of the business in which 1849
applicant or liquor permit holder is engaged or to be engaged at 1850
the particular location, as described in the petition) at......... 1851
(Insert address of the particular location within the precinct) in 1852
this precinct?" 1853
If the sale of beer and intoxicating liquor has been approved 1854
at a particular location within the precinct at a previous 1855
election held under section 4301.355 of the Revised Code, the 1856
ballot also shall include the following statement: 1857
"AT a previous election held under section 4301.355 of the 1858
REvised Code, the electors approved the sale of beer and 1859
intoxicating liquor at........(insert business name and address of 1860
the particular location or locations within the precinct where 1861
such sale has been approved at a previous election under section 1862
4301.355 of the Revised Code)." 1863
The board of elections shall furnish printed ballots at the 1864
election as provided under section 3505.06 of the REvised Code, 1865
except that a separate ballot shall be used for the election under 1866
section 4301.355 Of the Revised Code. The question and, if 1867
applicable, the statement set forth in this section shall be 1868
printed on each ballot and the board shall insert in the question 1869
and statement appropriate words to complete each. Votes shall be 1870
cast as provided under section 3505.06 of the Revised Code. 1871
Sec. 4301.356. If a petition is filed under section 4301.333 1872
Of the Revised Code for the submission of the question set forth 1873
Sub. H. B. No. 402 Page 61
As Reported by the Senate Agriculture Committee
in this section, an election shall be held in the municipal 1874
corporation or unincorporated area of a township as ordered by the 1875
board of elections under that section. 1876
Except as otherwise provided in this section, if the 1877
legislative authority of a municipal corporation in whose 1878
territory, or the board of township trustees of a township in 1879
whose unincorporated area, a community facility is located 1880
submits, not later than four p.m. of the seventy-fifth day before 1881
the day of a primary or general election, to the board of 1882
elections of the county in which the community facility is located 1883
an ordinance or resolution requesting the submission of the 1884
question set forth in this section to the electors of the 1885
municipal corporation or unincorporated area of the township, the 1886
board of elections shall order that an election be held on that 1887
question in the municipal corporation or the unincorporated area 1888
of the township on the day of the next primary or general 1889
election, whichever occurs first. The legislative authority or 1890
board of township trustees shall submit the name and address of 1891
the permit holder who would be affected by the results of the 1892
election to the board of elections at the same time it submits the 1893
ordinance or resolution. The board of elections, within five days 1894
after receiving the name and address, shall give notice by 1895
certified mail that it has received the ordinance or resolution to 1896
that permit holder. Failure of the legislative authority or board 1897
of township trustees to supply the name and address of the permit 1898
holder to the board of elections invalidates the effect of the 1899
ordinance or resolution. 1900
At the election the following question shall be submitted to 1901
the electors of the municipal corporation or unincorporated area 1902
of a township: 1903
"Shall the sale of beer and intoxicating liquor be permitted 1904
on days of the week other than Sunday and between the hours of one 1905
Sub. H. B. No. 402 Page 62
As Reported by the Senate Agriculture Committee
p.m. and midnight on Sunday, at .......... (insert name of 1906
community facility), a community facility as defined by section 1907
4301.01 Of the Revised Code, and located at ........ (insert the 1908
address of the community facility as set forth in the petition)?" 1909
The board of elections shall furnish printed ballots at the 1910
election as provided under section 3505.06 Of the Revised Code, 1911
except that a separate ballot shall be used for the election. The 1912
question set forth in this section shall be printed on each ballot 1913
and the board shall insert in the question appropriate words to 1914
complete each, subject to the approval of the secretary of state. 1915
Votes shall be cast as provided under section 3505.06 Of the 1916
Revised Code. 1917
Sec. 4301.36. If a majority of the electors voting in a 1918
precinct or residence district vote "yes" on question (A), (B), or 1919
(C) as set forth in section 4301.35 of the Revised Code, the sales 1920
specified in such one or more of the questions on which a majority 1921
of the electors voting in such precinct or residence district 1922
voted "yes" shall be subject in the precinct or residence district 1923
only to Chapters 4301. and 4303. of the Revised Code. 1924
If a majority of the electors voting in such precinct or 1925
residence district vote "no" on question (A), (B), or (C) set 1926
forth in section 4301.35 of the Revised Code, no C or D permit 1927
holder shall sell intoxicating liquor of the kind or in the manner 1928
specified in such one or more of the questions on which a majority 1929
of the electors voting in the precinct or residence district voted 1930
"no," within the precinct or residence district concerned, during 1931
the period such election is in effect as defined in section 1932
4301.37 of the Revised Code. 1933
If a majority of the electors voting in such precinct or 1934
residence district vote "no" on question (D) as set forth in 1935
section 4301.35 of the Revised Code, all state liquor stores in 1936
Sub. H. B. No. 402 Page 63
As Reported by the Senate Agriculture Committee
the precinct or residence district shall be forthwith closed and, 1937
during the period the vote is in effect, as defined in section 1938
4301.37 of the Revised Code, no state liquor store shall be opened 1939
in that precinct or residence district. 1940
Sec. 4301.361. If a majority of the electors voting on 1941
questions set forth in section 4301.351 of the Revised Code in a 1942
precinct or residence district vote "yes" on question (A), or, if 1943
both questions (A) and (B) are submitted, "yes" on both questions 1944
or "yes" on question (A) but "no" on question (B), sales of 1945
intoxicating liquor shall be allowed in the manner and under the 1946
conditions specified in question (A), under a D-6 permit, within 1947
the precinct or residence district concerned, during the period 1948
the election is in effect as defined in section 4301.37 of the 1949
Revised Code. 1950
If only question (B) is submitted to the voters or if 1951
questions (B) and (C) are submitted and a majority of the electors 1952
voting in a precinct or residence district vote "yes" on question 1953
(B) as set forth in section 4301.351 of the Revised Code, sales of 1954
intoxicating liquor shall be allowed in the manner and under the 1955
conditions specified in question (B), under a D-6 permit, within 1956
the precinct or residence district concerned, during the period 1957
the election is in effect as defined in section 4301.37 of the 1958
Revised Code, even if question (A) was also submitted and a 1959
majority of the electors voting in the precinct or residence 1960
district voted "no." 1961
If question (C) is submitted and a majority of electors 1962
voting on the question (C) set forth in section 4301.351 of the 1963
Revised Code in a precinct or residence district vote "yes," sales 1964
of wine and mixed beverages shall be allowed in the manner and 1965
under the conditions specified in question (C), under a D-6 1966
permit, within the precinct or residence district concerned, 1967
Sub. H. B. No. 402 Page 64
As Reported by the Senate Agriculture Committee
during the period the election is in effect as defined in section 1968
4301.37 of the Revised Code. 1969
If questions (A), (B), and (C), as set forth in section 1970
4301.351 of the Revised Code, are all submitted and a majority of 1971
the electors voting in such precinct or residence district vote 1972
"no" on all three questions, no sales of intoxicating liquor shall 1973
be made within the precinct or residence district concerned after 1974
two-thirty a.m. on Sunday, during the period the election is in 1975
effect as defined in section 4301.37 of the Revised Code. 1976
Sec. 4301.362. If a majority of the electors voting on the 1977
question set forth in section 4301.352 of the Revised Code vote 1978
"yes," the sale of beer or intoxicating liquor by a class C or D 1979
permit holder at the specified premises shall only be subject to 1980
Chapters 4301. and 4303. of the Revised Code. 1981
If a majority of the electors voting on the question set 1982
forth in section 4301.352 of the Revised Code vote "no," the board 1983
of elections shall notify the division of liquor control of the 1984
final result of the election by certified mail. When the division 1985
receives notice of the final result of the election, it shall 1986
cancel and pick up the permit holder's permit within seven days 1987
unless prior to such time, both of the following occur: 1988
(A) The liquor permit holder timely appeals the judgment that 1989
is the basis for the holding of the election. 1990
(B) The liquor permit holder files an action pursuant to 1991
section 4301.281 of the Revised Code and obtains an injunction 1992
under that section. 1993
The results of a local option election that is held in a 1994
precinct pursuant to section 4301.352 of the Revised Code shall 1995
not affect the results of a local option election that is held in 1996
the same precinct under section 4301.35, 4301.351, 4301.354, 1997
Sub. H. B. No. 402 Page 65
As Reported by the Senate Agriculture Committee
4303.29, or 4305.14 of the Revised Code. 1998
Sec. 4301.363. (A) If a majority of the electors in a 1999
precinct or residence district vote "yes" on question (A) as set 2000
forth in section 4301.353 of the Revised Code, the sale of beer, 2001
or wine and mixed beverages, as specified in the question shall be 2002
permitted in the portion of the precinct or residence district 2003
affected by the results of the election for sale by the package 2004
under permits that authorize the sale for off-premises consumption 2005
only, subject only to Chapters 4301. and 4303. of the Revised 2006
Code. 2007
(B) If a majority of the electors in a precinct or residence 2008
district vote "yes" on question (B) as set forth in section 2009
4301.353 of the Revised Code, the sale of beer, wine and mixed 2010
beverages, or spirituous liquor as specified in the question shall 2011
be permitted in the portion of the precinct or residence district 2012
affected by the results of the election under permits that 2013
authorize the sale for on-premises consumption only, and under 2014
permits that authorize the sale for both on-premises and 2015
off-premises consumption, subject only to Chapters 4301. and 4303. 2016
of the Revised Code. 2017
(C) If a majority of the electors in a precinct or residence 2018
district vote "no" on question (A) as set forth in section 2019
4301.353 of the Revised Code, no sales of beer, or wine and mixed 2020
beverages, as specified in the question shall be permitted in the 2021
portion of the precinct or residence district affected by the 2022
results of the election. 2023
(D) If a majority of the electors in a precinct or residence 2024
district vote "no" on question (B) as set forth in section 2025
4301.353 of the Revised Code, no sales of beer, wine and mixed 2026
beverages, or spirituous liquor as specified in the question shall 2027
be permitted in the portion of the precinct or residence district 2028
Sub. H. B. No. 402 Page 66
As Reported by the Senate Agriculture Committee
affected by the results of the election. 2029
Sec. 4301.364. (A) If a majority of the electors in a 2030
precinct or residence district vote "yes" on question (A) as set 2031
forth in section 4301.354 of the Revised Code, the sale of 2032
intoxicating liquor, of the same types as may be legally sold in 2033
the precinct or residence district on other days of the week, 2034
shall be permitted in the portion of the precinct or residence 2035
district affected by the results of the election between the hours 2036
of one p.m. and midnight on Sunday for consumption on the premises 2037
where sold, subject only to Chapters 4301. and 4303. of the 2038
Revised Code. 2039
(B) If a majority of the electors in a precinct or residence 2040
district vote "yes" on question (B) as set forth in section 2041
4301.354 of the Revised Code, the sale of intoxicating liquor, of 2042
the same types as may be legally sold in the precinct or residence 2043
district on other days of the week, shall be permitted in the 2044
portion of the precinct or residence district affected by the 2045
results of the election between the hours of one p.m. and midnight 2046
on Sunday for consumption on the premises where sold at licensed 2047
premises where the sale of food and other goods exceeds fifty per 2048
cent of the total gross receipts of the permit holder at the 2049
premises, subject only to Chapters 4301. and 4303. of the Revised 2050
Code. 2051
(C) If a majority of the electors in a precinct or residence 2052
district vote "yes" on question (C) as set forth in section 2053
4301.354 of the Revised Code, the sale of wine and mixed beverages 2054
shall be permitted in the portion of the precinct or residence 2055
district affected by the results of the election between the hours 2056
of one p.m. and midnight on Sunday for consumption off the 2057
premises where sold, subject only to Chapters 4301. and 4303. of 2058
the Revised Code. 2059
Sub. H. B. No. 402 Page 67
As Reported by the Senate Agriculture Committee
(D) If a majority of the electors in a precinct or residence 2060
district vote "no" on question (A) as set forth in section 2061
4301.354 of the Revised Code, no sale of intoxicating liquor shall 2062
be permitted between the hours of one p.m. and midnight on Sunday 2063
for consumption on the premises where sold in the portion of the 2064
precinct or residence district affected by the results of the 2065
election. 2066
(E) If a majority of the electors in a precinct or residence 2067
district vote "no" on question (B) as set forth in section 2068
4301.354 of the Revised Code, no sale of intoxicating liquor, 2069
shall be permitted between the hours of one p.m. and midnight on 2070
Sunday for consumption on the premises where sold at licensed 2071
premises where the sale of food and other goods exceeds fifty per 2072
cent of the total gross receipts of the permit holder at the 2073
premises, in the portion of the precinct or residence district 2074
affected by the results of the election. 2075
(F) If a majority of the electors in a precinct or residence 2076
district vote "no" on question (C) as set forth in section 2077
4301.354 of the Revised Code, no sale of wine or mixed beverages 2078
shall be permitted between the hours of one p.m. and midnight on 2079
Sunday for consumption off the premises where sold in the portion 2080
of the precinct or residence district affected by the results of 2081
the election. 2082
Sec. 4301.365. (A) If a majority of the electors in a 2083
precinct vote "yes" on questions (A) and (B), as set forth in 2084
section 4301.355 of the Revised Code, the sale OF beer and 2085
intoxicating liquor shall be allowed at the particular location 2086
and for the use specified in the question under each permit 2087
applied for by the petitioner or at the address listed for the 2088
liquor agency store subject only to Chapters 4301. and 4303. of 2089
the Revised Code. Failure to continue to use the particular 2090
location for any proposed or stated use set forth in the PETITION 2091
Sub. H. B. No. 402 Page 68
As Reported by the Senate Agriculture Committee
shall constitute good cause for the denial of a renewal of the 2092
liquor permit under division (A) of section 4303.271 of the 2093
Revised Code or cause for the NONRENEWAL or cancellation of the 2094
liquor agency store contract by the division of liquor control, 2095
except in the case where the liquor permit holder or liquor agency 2096
store decides to cease the sale of beer or intoxicating liquor on 2097
Sundays. 2098
(B) If a majority of the electors in a precinct vote "yes" on 2099
question (A) and "no" on Question (B) as set forth in section 2100
4301.355 of the Revised Code, the sale of beer and intoxicating 2101
liquor shall be allowed at the particular location for the use 2102
specified in question (A) of section 4301.355 of the Revised Code 2103
and under each permit applied for by the petitioner, except for a 2104
D-6 permit, subject only to Chapters 4301. and 4303. of the 2105
Revised Code. 2106
(C) If a majority of the electors in a precinct vote "no" on 2107
question (A) as set forth in section 4301.355 of the Revised Code, 2108
no sales of beer or intoxicating liquor shall be allowed at the 2109
particular location for the use specified in the petition during 2110
the period the election is in effect as defined in section 4301.37 2111
OF the Revised Code. 2112
(D) If a majority of the electors in a precinct vote only on 2113
question (B) as set forth in section 4301.355 of the Revised Code, 2114
and that vote results in a majority "yes" vote, sales of beer or 2115
intoxicating liquor shall be allowed at the particular location 2116
for the use specified in the petition on Sunday during the period 2117
the election is in effect as defined in section 4301.37 of the 2118
Revised Code. 2119
(E) If a majority of the electors in a precinct vote only on 2120
question (B) as set forth in section 4301.355 of the Revised Code, 2121
and that vote results in a majority "no" vote, no sales of beer or 2122
intoxicating liquor shall be allowed at the particular location 2123
Sub. H. B. No. 402 Page 69
As Reported by the Senate Agriculture Committee
for the use specified in the petition on Sunday during the period 2124
the election is in effect as defined in section 4301.37 of the 2125
Revised Code. 2126
(F) In case of elections in the same precinct or overlapping 2127
precincts for the question or questions set forth in section 2128
4301.355 of the Revised Code and for a question or questions set 2129
forth in section 4301.35, 4301.351, 4303.29, or 4305.14 of the 2130
Revised Code, the results of the election held on the question or 2131
questions set forth in section 4301.355 of the Revised Code shall 2132
apply to the particular location notwithstanding the results of 2133
the election held on the question or questions set forth in 2134
section 4301.35, 4301.351, 4303.29, or 4305.14 of the Revised 2135
Code. 2136
Sec. 4301.366. If a majority of the electors voting on the 2137
question specified in section 4301.355 Of the Revised Code vote 2138
"yes," the sale of beer and intoxicating liquor shall be allowed 2139
at the community facility and for the use specified in the 2140
question, subject only to this chapter and Chapter 4303. Of the 2141
Revised Code. Failure to continue to use the location as a 2142
community facility constitutes good cause for rejection of the 2143
renewal of the liquor permit under division (A) of section 2144
4303.271 Of the Revised Code. 2145
If a majority of the electors voting on the question 2146
specified in section 4301.356 Of the Revised Code vote "no," no 2147
sales of beer or intoxicating liquor shall be made at the 2148
community facility during the period the election is in effect as 2149
defined in section 4301.37 Of the Revised Code. 2150
Sec. 4301.37. (A) When a local option election, other than an 2151
election under section 4301.351, 4301.352, 4301.353, or 4301.354, 2152
4301.355, or 4301.356 of the Revised Code, is held in any precinct 2153
or residence district, except as provided in divisions (F) and (G) 2154
Sub. H. B. No. 402 Page 70
As Reported by the Senate Agriculture Committee
of section 4301.39 of the Revised Code, the result of the election 2155
shall be effective in the precinct or residence district until 2156
another election is called and held pursuant to sections 4301.32 2157
to 4301.36 of the Revised Code, but no such election shall be held 2158
in the precinct, residence district, or part of a residence 2159
district on the same question more than once in each two years. 2160
2161
(B) When a local option election under section 4301.351 of 2162
the Revised Code is held in any precinct or residence district, 2163
except as provided in divisions (F) and (G) of section 4301.39 of 2164
the Revised Code, the result of the election shall be effective in 2165
the precinct or residence district until another election is 2166
called and held pursuant to sections 4301.32 to 4301.361 of the 2167
Revised Code, but no such election shall be held under section 2168
4301.351 of the Revised Code in the precinct, residence district, 2169
or part of a residence district on the same question more than 2170
once in each two years. 2171
(C) When a local option election is held in a precinct under 2172
section 4301.352 of the Revised Code, and a majority of the 2173
electors voting on the question vote "yes," no subsequent local 2174
option election shall be held in the precinct upon the sale of 2175
beer or intoxicating liquor by the class C or D permit holder at 2176
the specified premises for a period of at least two calendar years 2177
from the date of the most recent local option election, except 2178
that this division shall not be construed to prohibit the holding 2179
or affect the results of a local option election under section 2180
4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the 2181
Revised Code. 2182
(D) When a local option election is held in a precinct or 2183
residence district under section 4301.353 or 4301.354 of the 2184
Revised Code, the results of the election shall be effective until 2185
Sub. H. B. No. 402 Page 71
As Reported by the Senate Agriculture Committee
another election is held under that section on the same question, 2186
but no such election shall be held in a precinct or residence 2187
district under that section on the same question for a period of 2188
at least two years from the date of the most recent election on 2189
such question. This division shall not be construed to prohibit 2190
the future holding of, or affect the future results of, a local 2191
option election held under section 4301.35, 4301.351, 4301.355, 2192
4303.29, or 4305.14 of the Revised Code. 2193
(E) When a local option election is held in a precinct under 2194
section 4301.355 of the Revised Code, the results of that election 2195
shall be effective at the particular location designated in the 2196
petition until another election is held pursuant to section 2197
4301.355 of the Revised Code, or until such time as an election is 2198
held pursuant to section 4301.352 of the Revised Code, but no 2199
election shall be held under section 4301.355 Of the Revised Code 2200
regarding the same use at that particular location for a period of 2201
at least four calendar years from the date of the most recent 2202
election on such question. The results of a local option election 2203
held in a precinct under section 4301.355 of the Revised Code 2204
shall not prohibit the holding of, or be affected by the results 2205
of, a local option election held under section 4301.35, 4301.351, 2206
4301.353, 4301.354, 4303.29, or 4305.14 of the Revised Code, 2207
except in the event of a majority "no" vote pursuant to divisions 2208
(B), (C), and (E) of section 4301.365 of the Revised Code. 2209
(F) When a local option election is held in a municipal 2210
corporation or unincorporated area of a township under section 2211
4301.356 Of the Revised Code, the results of the election shall be 2212
effective at the community facility that was the subject of the 2213
election until another such election is held regarding that 2214
community facility, but no such election shall be held for a 2215
period of at least four calendar years from the date of the 2216
election. The results of a local option election held in a 2217
Sub. H. B. No. 402 Page 72
As Reported by the Senate Agriculture Committee
municipal corporation or unincorporated area of a township under 2218
section 4301.355 Of the Revised Code shall not prohibit the 2219
holding of or affect or be affected by the results of a local 2220
option election held under section 4301.35, 4301.351, 4301.352, 2221
4301.353, 4301.354, 4303.29, or 4305.14 Of the Revised Code. 2222
(G) If a community facility is located in an election 2223
precinct in which a previous local option election in the precinct 2224
resulted in approval of the sale of beer or intoxicating liquor in 2225
the precinct, the community facility shall sell beer or 2226
intoxicating liquor only to the extent permitted by the previous 2227
local option election until an election is held pursuant to 2228
section 4301.356 Of the Revised Code. 2229
(H) A community facility shall not be affected by a local 2230
option election held on or after the effective date of this 2231
amendment unless the election is held under section 4301.355 Of 2232
the Revised Code. 2233
Sec. 4301.39. (A) When the board of elections of any county 2234
determines that a petition for a local option election, presented 2235
pursuant to section 4301.33, 4301.331, 4301.332, 4301.333, 2236
4303.29, or 4305.14 of the Revised Code is sufficient, it shall 2237
forthwith, by mail, notify the division of liquor control of the 2238
fact that such a petition has been filed and approved by it. Upon 2239
the determination of the results of any such election, the board 2240
shall forthwith notify the division by mail of the result and 2241
shall forward with the notice a plat of the precinct or residence 2242
district in which the election was held and, if applicable, shall 2243
separately identify the portion of the precinct or residence 2244
district affected by the election. 2245
(B) On the plat of a precinct or residence district, 2246
forwarded with the results of an election that was held under 2247
section 4301.35, 4301.351, 4301.353, 4301.354, or 4303.29 of the 2248
Sub. H. B. No. 402 Page 73
As Reported by the Senate Agriculture Committee
Revised Code, the board shall show and designate all of the 2249
streets and highways in the precinct or residence district or 2250
relevant portion thereof. 2251
(C) On the plat of a precinct, forwarded with the results of 2252
an election that was held under section 4301.352 of the Revised 2253
Code, the board shall show and designate all of the following: 2254
(1) All of the streets and highways in the precinct; 2255
(2) The permit premises designated in the petition that was 2256
filed under section 4301.331 of the Revised Code; 2257
(3) A class C or D permit holder's personal or corporate 2258
name, and if it is different from the permit holder's personal or 2259
corporate name, the name of the business conducted by the permit 2260
holder on the designated premises; 2261
(4) The address of the designated premises. 2262
(D) On the plat of a precinct, forwarded with the results of 2263
an election that was held under section 4301.355 OF the Revised 2264
Code, the board shall show and designate all of the following: 2265
(1) All streets and highways in the precinct; 2266
(2) The address of the particular location within the 2267
precinct to which the election results will apply as designated in 2268
the petition that was filed under section 4301.333 of the Revised 2269
Code; 2270
(3) The name of the applicant for the issuance or transfer, 2271
or the holder of the liquor permit or name of the liquor agency 2272
store, including any trade or fictitious names under which the 2273
applicant, holder, or operator intends to, or does, do business at 2274
the particular location, as designated in the petition that was 2275
filed under section 4301.333 of the Revised Code. 2276
(E) With the results of an election that was held under 2277
section 4301.356 of the Revised Code, the board shall designate 2278
Sub. H. B. No. 402 Page 74
As Reported by the Senate Agriculture Committee
both of the following: 2279
(1) The permit premises designated in the petition; 2280
(2) The class C or D permit holder's personal or corporate 2281
name and, if it is different from the personal or corporate name, 2282
the name of the business conducted by the permit holder on the 2283
designated premises. 2284
(F) If an application for recount is filed with the board of 2285
elections pursuant to section 3515.02 of the Revised Code or if an 2286
election contest is commenced pursuant to section 3515.09 of the 2287
Revised Code, the board of elections shall send written notice of 2288
the recount or contest, by certified mail, to the superintendent 2289
of liquor control within two days from the date of the filing of 2290
the application for recount or the commencement of an election 2291
contest. Upon the final determination of an election recount or 2292
contest, the board of elections shall send notice of the final 2293
determination, by certified mail, to the superintendent and the 2294
liquor control commission. 2295
(E)(G) If, as the result of a local option election held 2296
pursuant to section 4301.35, 4301.351, 4301.353, 4301.354, 2297
4303.29, or 4305.14 Of the Revised Code, the use of a permit is 2298
made partially unlawful, the division shall, within thirty days 2299
after receipt of the final notice of the result of the election, 2300
pick up and amend the permit by inserting appropriate restrictions 2301
on the permit, and forthwith reissue the permit without charge or 2302
refund to the permit holder, unless prior to thirty days after 2303
receipt of the final notice of the result of such election, both 2304
of the following occur: 2305
(1) A petition is filed with the board of elections pursuant 2306
to section 4301.333 of the Revised Code; 2307
(2) A copy of the petition filed with the board of elections 2308
pursuant to section 4301.333 of the Revised Code bearing the file 2309
Sub. H. B. No. 402 Page 75
As Reported by the Senate Agriculture Committee
stamp of the board of elections is filed with the superintendent 2310
of the division of liquor control. 2311
If both of those conditions are met, the results of the 2312
election held pursuant to section 4301.35, 4301.351, 4301.353, 2313
4301.354, 4303.29, or 4305.14 of the Revised Code shall not take 2314
effect as to the liquor permit holder specified in the petition 2315
filed pursuant to section 4301.333 of the Revised Code until the 2316
earlier of a determination by the board of elections and receipt 2317
of notification of the superintendent of the division of liquor 2318
control of notice that the petition is invalid or receipt by the 2319
superintendent of final notice of the result of an election held 2320
pursuant to section 4301.355 of the Revised Code concerning the 2321
holder of the liquor permit that resulted in a majority "no" vote. 2322
(H) If, as the result of a local option election, except a 2323
local option election held pursuant to section 4301.352 of the 2324
Revised Code, the use of a permit is made wholly unlawful, the 2325
permit holder may, within thirty days after the certification of 2326
such final result by the board of elections to the division, 2327
deliver the permit holder's permit to the division for safekeeping 2328
as provided in section 4303.272 of the Revised Code, or the permit 2329
holder may avail itself of the remedy set forth in divisions 2330
(F)(1) and (2) of this section. In such event the results of the 2331
election shall not take effect as to the liquor permit holder 2332
specified in the petition pursuant to section 4301.333 of the 2333
Revised Code until the earlier of a determination by the board of 2334
elections and receipt of notification of the superintendent of the 2335
division of liquor control of notice that the petition is invalid 2336
or receipt by the superintendent of the final notice of the result 2337
of an election held pursuant to section 4301.355 of the Revised 2338
Code concerning the holder of the liquor permit. 2339
(I) If as a result of a local option election, the sale of 2340
spirituous liquor by the package for consumption off the premises 2341
Sub. H. B. No. 402 Page 76
As Reported by the Senate Agriculture Committee
where sold by a liquor agency store is made unlawful, the 2342
division, within thirty days after receiving a final notice of the 2343
result of the election, shall cancel the contract entered into 2344
with that liquor agency store under section 4301.17 of the Revised 2345
Code unless prior to thirty days after receipt of the final notice 2346
of the result of such election both of the following occur: 2347
(1) A petition is filed with the board of elections pursuant 2348
to section 4301.333 of the Revised Code; 2349
(2) A copy of the petition filed with the board of elections 2350
pursuant to section 4301.333 of the Revised Code bearing the file 2351
stamp of the board of elections is filed with the superintendent 2352
of the division of liquor control. 2353
If both of those conditions are met, the results of an 2354
election held pursuant to section 4301.35, 4301.351, 4301.353, 2355
4301.354, 4303.29, or 4305.14 of the Revised Code shall not take 2356
effect as to the liquor agency store specified in the petition 2357
filed pursuant to section 4301.333 of the Revised Code until the 2358
earlier of a determination by the board of elections and receipt 2359
of notification of the superintendent of the division of liquor 2360
control of notice that such petition is invalid or receipt by the 2361
superintendent of final notice of the result of an election held 2362
pursuant to section 4301.355 of the Revised Code concerning the 2363
holder of the liquor permit that resulted in a majority "no" vote. 2364
(F)(J) If a municipal corporation or township has been paid 2365
all the moneys due it from permit fees under section 4301.30 of 2366
the Revised Code, it shall refund to the division ninety per cent 2367
of the money attributed to the unexpired portion of all permits 2368
which are still in force at the time of a local option election 2369
that makes use of the permits unlawful, except that no refund 2370
shall be made for the unexpired portion of a license year that is 2371
less than thirty days. Failure of the municipal corporation or 2372
township to refund the amount due entitles the permit holders to 2373
Sub. H. B. No. 402 Page 77
As Reported by the Senate Agriculture Committee
operate under their permits until the refund has been made. 2374
(K) If a municipal corporation or township has been paid all 2375
the money due it from permit fees under section 4301.30 of the 2376
Revised Code, it shall refund to the division ninety per cent of 2377
the money attributable to the unexpired portion of a permit at the 2378
time a local option election under section 4301.352 of the Revised 2379
Code makes use of the permit unlawful, except that no refund shall 2380
be made for the unexpired portion of a license year that is less 2381
than thirty days. Failure of the municipal corporation or township 2382
to refund the amount due entitles the permit holder to operate 2383
under the permit until the refund has been made. 2384
Sec. 4301.40. No local option election held pursuant to 2385
sections 4301.32 to 4301.39 of the Revised Code shall affect or 2386
prohibit the following: 2387
(A) The transportation, possession, or consumption of 2388
intoxicating liquors within the precinct or residence district in 2389
which such election is held, nor sales in such precinct or 2390
residence district under B-3, E, or G permits; 2391
(B) The sale of intoxicating liquors, at a permit premises 2392
located at any publicly owned airport, as defined in section 2393
4563.01 of the Revised Code, at which commercial airline companies 2394
operate regularly scheduled flights on which space is available to 2395
the public, provided the permit holder operates pursuant to the 2396
authority of a liquor permit issued pursuant to Chapter 4303. of 2397
the Revised Code. 2398
Sec. 4301.401. (A) Notwithstanding sections 4301.32 to 2399
4301.391 and 4305.14 of the Revised Code, and the provisions for 2400
local option elections and the election on the question of repeal 2401
of Section 9 of Article XV, Ohio Constitution, in section 4303.29 2402
of the Revised Code, all C and D permits issued prior to December 2403
Sub. H. B. No. 402 Page 78
As Reported by the Senate Agriculture Committee
4, 1968, by the division of liquor control with respect to 2404
premises located in territory annexed prior to December 4, 1968, 2405
to any township or municipal corporation in which the sale of beer 2406
or intoxicating liquor is allowed under C or D permits, and 2407
outstanding on that date or renewable as of that date under 2408
section 4303.271 of the Revised Code shall be considered as valid 2409
and lawfully issued, and to entitle the holder to the privileges 2410
thereof, unless such permit has been finally revoked under Chapter 2411
4301. of the Revised Code, and shall be renewed by the division 2412
subject to section 4303.271 of the Revised Code, except that this 2413
section does not apply to a local option election held after 2414
November 17, 1969. 2415
(B) Notwithstanding sections 4301.32 to 4301.391 and 4305.14 2416
of the Revised Code, and the provisions for local option elections 2417
and the election on the question of repeal of Section 9 of Article 2418
XV, Ohio Constitution, in section 4303.29 of the Revised Code, the 2419
division may issue any C or D permit to a qualified applicant for 2420
a permit premises located in an area which was formerly a part of 2421
the uninhabited, unincorporated area of a township in which the 2422
sale of beer or intoxicating liquor under that C or D liquor 2423
permit is prohibited but which is currently a part of a precinct 2424
or residence district in a municipal corporation in which the sale 2425
of beer or intoxicating liquor under that C or D permit is 2426
allowed. 2427
Sec. 4301.404. for the purpose of applying the results of 2428
elections held under sections 4301.32 to 4301.39, 4303.29, and 2429
4305.14 of the Revised Code to liquor permit premises, if a 2430
property is divided between two precincts and the sale of beer or 2431
a particular type of intoxicating liquor is allowed in one 2432
precinct but is prohibited in the other precinct, the property 2433
shall be considered to be located in the precinct where the sale 2434
of beer or that particular type of intoxicating liquor is allowed. 2435
Sub. H. B. No. 402 Page 79
As Reported by the Senate Agriculture Committee
Sec. 4301.74. Any person subject to an injunction, temporary 2436
or permanent, granted pursuant to division (D) or (E) of section 2437
4301.73 3767.05 of the Revised Code, involving a condition 2438
described in division (C)(3) or (4) of section 3767.01 Of the 2439
Revised Code shall obey such injunction. If such person violates 2440
such injunction, the court or in vacation a judge thereof, may 2441
summarily try and punish the violator. The proceedings for 2442
punishment for contempt shall be commenced by filing with the 2443
clerk of the court from which such injunction issued information 2444
under oath setting out the alleged facts constituting the 2445
violation, whereupon the court shall forthwith cause a warrant to 2446
issue under which the defendant shall be arrested. The trial may 2447
be had upon affidavits, or either party may demand the production 2448
and oral examination of the witnesses. 2449
Sec. 4303.021. Permit A-1-A may be issued to the holder of an 2450
A-1 or A-2 permit to sell beer and any intoxicating liquor at 2451
retail, only by the individual drink in glass or from a container, 2452
provided such A-1-A permit premises are situated on the same 2453
parcel or tract of land as the related A-1 or A-2 manufacturing 2454
permit premises or are separated therefrom only by public streets 2455
or highways or by other lands owned by the holder of the A-1 or 2456
A-2 permit and used by the holder in connection with or in 2457
promotion of the holder's A-1 or A-2 permit business. The fee for 2458
this permit is three thousand one hundred twenty-five dollars. The 2459
holder of an A-1-A permit may sell beer and any intoxicating 2460
liquor during the same hours as the holders of D-5 permits under 2461
this chapter or Chapter 4301. of the Revised Code or the rules of 2462
the liquor control commission and shall obtain a restaurant 2463
license pursuant to section 3732.03 of the Revised Code. 2464
Except as otherwise provided in this section, no new A-1-A 2465
permit shall be issued to the holder of an A-1 or A-2 permit 2466
Sub. H. B. No. 402 Page 80
As Reported by the Senate Agriculture Committee
unless the sale of beer and intoxicating liquor under class D 2467
permits is permitted in the residence district precinct in which 2468
the A-1 or A-2 permit is located and, in the case of an A-2 2469
permit, unless the holder of the A-2 permit manufactures or has a 2470
storage capacity of at least twenty-five thousand gallons of wine 2471
per year. The immediately preceding sentence does not prohibit the 2472
issuance of an A-1-A permit to an applicant for such a permit who 2473
is the holder of an A-1 permit and whose application was filed 2474
with the division of liquor control before June 1, 1994. The 2475
liquor control commission shall not restrict the number of A-1-A 2476
permits which may be located within a residence district. As used 2477
in this section, "residence district" has the same meaning as in 2478
section 4301.01 of the Revised Code precinct. 2479
Sec. 4303.181. (A) Permit D-5a may be issued either to the 2480
owner or operator of a hotel or motel required to be licensed 2481
under section 3731.03 of the Revised Code containing at least 2482
fifty rooms for registered transient guests, and which qualifies 2483
under the other requirements of this section, or to the owner or 2484
operator of a restaurant specified under this section to sell beer 2485
and any intoxicating liquor at retail, only by the individual 2486
drink in glass and from the container, for consumption on the 2487
premises where sold, and to registered guests in their rooms, 2488
which may be sold by means of a controlled access alcohol and 2489
beverage cabinet in accordance with division (B) of section 2490
4301.21 of the Revised Code; and to sell the same products in the 2491
same manner and amounts not for consumption on the premises as may 2492
be sold by holders of D-1 and D-2 permits. The premises of the 2493
hotel or motel shall include a restaurant licensed pursuant to 2494
section 3732.03 of the Revised Code affiliated with the hotel or 2495
motel and within or contiguous to the hotel or motel, serving food 2496
within the hotel or motel, but the principal business of the owner 2497
or operator of the hotel or motel shall be the accommodation of 2498
Sub. H. B. No. 402 Page 81
As Reported by the Senate Agriculture Committee
transient guests. In addition to the privileges authorized herein, 2499
the holder of a D-5a permit may exercise the same privileges as 2500
the holder of a D-5 permit. 2501
The owner or operator of a hotel, motel, or restaurant who 2502
qualified for and held a D-5a permit on August 4, 1976, may, if 2503
the owner or operator person held another permit before holding a 2504
D-5a permit, either retain a D-5a permit or apply for the permit 2505
formerly held, and the division of liquor control shall issue the 2506
permit for which the owner or operator person applies and formerly 2507
held, notwithstanding any quota. 2508
A D-5a permit shall not be transferred to another location. 2509
No quota restriction shall be placed on the number of such permits 2510
which may be issued. 2511
The fee for this permit is one thousand eight hundred 2512
seventy-five dollars. 2513
(B) Permit D-5b may be issued to the owner, operator, tenant, 2514
lessee, or occupant of an enclosed shopping center to sell beer 2515
and intoxicating liquor at retail, only by the individual drink in 2516
glass and from the container, for consumption on the premises 2517
where sold; and to sell the same products in the same manner and 2518
amount not for consumption on the premises as may be sold by 2519
holders of D-1 and D-2 permits. In addition to the privileges 2520
authorized in this section, the holder of a D-5b permit may 2521
exercise the same privileges as a holder of a D-5 permit. 2522
A D-5b permit shall not be transferred to another location. 2523
One D-5b permit may be issued at an enclosed shopping center 2524
containing at least two hundred twenty-five thousand, but less 2525
than four hundred thousand, square feet of floor area. 2526
Two D-5b permits may be issued at an enclosed shopping center 2527
containing at least four hundred thousand square feet of floor 2528
Sub. H. B. No. 402 Page 82
As Reported by the Senate Agriculture Committee
area. No more than one D-5b permit may be issued at an enclosed 2529
shopping center for each additional two hundred thousand square 2530
feet of floor area or fraction thereof, up to a maximum of five 2531
D-5b permits for each enclosed shopping center. The number of D-5b 2532
permits that may be issued at an enclosed shopping center shall be 2533
determined by subtracting the number of D-3 and D-5 permits issued 2534
in the enclosed shopping center from the number of D-5b permits 2535
that otherwise may be issued at the enclosed shopping center under 2536
the formulas provided in this division. Except as provided in this 2537
section, no quota shall be placed on the number of D-5b permits 2538
that may be issued. Notwithstanding any quota provided in this 2539
section, the holder of any D-5b permit first issued in accordance 2540
with this section is entitled to its renewal in accordance with 2541
section 4303.271 of the Revised Code. 2542
The holder of a D-5b permit issued before April 4, 1984, 2543
whose tenancy is terminated for a cause other than nonpayment of 2544
rent, may return the D-5b permit to the division of liquor control 2545
and the division shall cancel that permit. Upon cancellation of 2546
that permit and upon the permit holder's payment of taxes, 2547
contributions, premiums, assessments, and other debts owing or 2548
accrued upon the date of cancellation to this state and its 2549
political subdivisions and a filing with the division of a 2550
certification thereof, the division shall issue to that person 2551
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 2552
person requests. The division shall issue the D-5 permit, or the 2553
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, or 2554
D-5 permits currently issued in the municipal corporation or in 2555
the unincorporated area of the township where that person's 2556
proposed premises is located equals or exceeds the maximum number 2557
of such permits that can be issued in that municipal corporation 2558
or in the unincorporated area of that township under the 2559
population quota restrictions contained in section 4303.29 of the 2560
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 2561
Sub. H. B. No. 402 Page 83
As Reported by the Senate Agriculture Committee
shall not be transferred to another location. If a D-5b permit is 2562
canceled under the provisions of this paragraph, the number of 2563
D-5b permits that may be issued at the enclosed shopping center 2564
for which the D-5b permit was issued, under the formula provided 2565
in this division, shall be reduced by one if the enclosed shopping 2566
center was entitled to more than one D-5b permit under the 2567
formula. 2568
The fee for this permit is one thousand eight hundred 2569
seventy-five dollars. 2570
(C) Permit D-5c may be issued either to the owner or operator 2571
of a restaurant licensed pursuant to section 3732.03 of the 2572
Revised Code, and which qualifies under the other requirements of 2573
this section to sell beer and any intoxicating liquor at retail, 2574
only by the individual drink in glass and from the container, for 2575
consumption on the premises where sold, and to sell the same 2576
products in the same manner and amounts not for consumption on the 2577
premises as may be sold by holders of D-1 and D-2 permits. In 2578
addition to the privileges authorized herein, the holder of a D-5c 2579
permit may exercise the same privileges as the holder of a D-5 2580
permit. 2581
To qualify for a D-5c permit, the owner or operator of a 2582
restaurant licensed pursuant to section 3732.03 of the Revised 2583
Code shall have operated the restaurant at the proposed premises 2584
for not less than twenty-four consecutive months immediately 2585
preceding the filing of an application therefor, have applied for 2586
a D-5 permit no later than December 31, 1988, and appear on the 2587
division's quota waiting list for not less than six months 2588
immediately preceding the filing of an application therefor. In 2589
addition to these requirements, the proposed D-5c permit premises 2590
shall be located within a municipal corporation and further within 2591
an election precinct which, at the time of the applications, has 2592
no more than twenty-five per cent of its total land area zoned for 2593
Sub. H. B. No. 402 Page 84
As Reported by the Senate Agriculture Committee
residential use. 2594
A D-5c permit shall not be transferred to another location. 2595
No quota restriction shall be placed on the number of such permits 2596
which may be issued. 2597
Any person who has held a D-5c permit for at least two years 2598
may apply for a D-5 permit, and the division of liquor control 2599
shall issue the D-5 permit notwithstanding the quota restrictions 2600
contained in section 4303.29 of the Revised Code or in any rule of 2601
the liquor control commission. 2602
The fee for this permit is one thousand two hundred fifty 2603
dollars. 2604
(D) Permit D-5d may be issued to either the owner or operator 2605
of a restaurant that is licensed pursuant to section 3732.03 of 2606
the Revised Code and located at an airport operated by a board of 2607
county commissioners pursuant to section 307.20 of the Revised 2608
Code or at an airport operated by a regional airport authority 2609
pursuant to Chapter 308. of the Revised Code. Not more than one 2610
D-5d permit shall be issued in each county. The holder of a D-5d 2611
permit may sell beer and any intoxicating liquor at retail, only 2612
by the individual drink in glass and from the container, for 2613
consumption on the premises where sold, and may sell the same 2614
products in the same manner and amounts not for consumption on the 2615
premises where sold as may be sold by the holders of D-1 and D-2 2616
permits. In addition to the privileges authorized in this 2617
division, the holder of a D-5d permit may exercise the same 2618
privileges as the holder of a D-5 permit. 2619
A D-5 D-5d permit shall not be transferred to another 2620
location. Except as otherwise provided in this division, no quota 2621
restrictions shall be placed on the number of such permits which 2622
may be issued. 2623
The fee for this permit is one thousand eight hundred 2624
Sub. H. B. No. 402 Page 85
As Reported by the Senate Agriculture Committee
seventy-five dollars. 2625
(E) Permit D-5e may be issued to any nonprofit organization 2626
that is exempt from federal income taxation under "The Internal 2627
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as 2628
amended, or that is a charitable organization under any chapter of 2629
the Revised Code, and that owns or operates a riverboat which 2630
meets all of the following: 2631
(1) Is permanently docked at one location; 2632
(2) Is designated as a an historical riverboat by the Ohio 2633
historical society; 2634
(3) Contains not less than fifteen hundred square feet of 2635
floor area; 2636
(4) Has a seating capacity of fifty or more persons. 2637
The holder of a D-5e permit may sell beer and intoxicating 2638
liquor at retail, only by the individual drink in glass and from 2639
the container, for consumption on the premises where sold. 2640
A D-5e permit shall not be transferred to another location. 2641
No quota restriction shall be placed on the number of such permits 2642
which may be issued. The population quota restrictions contained 2643
in section 4303.29 of the Revised Code or in any rule of the 2644
liquor control commission shall not apply to this division and the 2645
division shall issue a D-5e permit to any applicant who meets the 2646
requirements of this division. However, the division shall not 2647
issue a D-5e permit if the permit premises or proposed permit 2648
premises are located within an area in which the sale of 2649
spirituous liquor by the glass is prohibited. 2650
The fee for this permit is nine hundred seventy-five dollars. 2651
(F) Permit D-5f may be issued to either the owner or the 2652
operator of a food service operation licensed under section 2653
3732.03 of the Revised Code that meets all of the following: 2654
Sub. H. B. No. 402 Page 86
As Reported by the Senate Agriculture Committee
(1) Contains not less than twenty-five hundred square feet of 2655
floor area; 2656
(2) Is located on or in, or immediately adjacent to, the 2657
shoreline of, a navigable river; 2658
(3) Provides docking space for twenty-five boats; 2659
(4) Provides entertainment and recreation, provided that not 2660
less than fifty per cent of the business on the permit premises 2661
shall be preparing and serving meals for a consideration. 2662
In addition, each application for a D-5f permit shall be 2663
accompanied by a certification from the local legislative 2664
authority that the issuance of the D-5f permit is not inconsistent 2665
with that political subdivision's comprehensive development plan 2666
or other economic development goal as officially established by 2667
the local legislative authority. 2668
The holder of a D-5f permit may sell beer and intoxicating 2669
liquor at retail, only by the individual drink in glass and from 2670
the container, for consumption on the premises where sold. 2671
A D-5f permit shall not be transferred to another location. 2672
No more than fifteen D-5f permits shall be issued by the division 2673
of liquor control, and no more than two such permits shall be 2674
issued in any county. However, the division shall not issue a D-5f 2675
permit if the permit premises or proposed permit premises are 2676
located within an area in which the sale of spirituous liquor by 2677
the glass is prohibited. 2678
A fee for this permit is one thousand eight hundred 2679
seventy-five dollars. 2680
As used in this division, "navigable river" means a river 2681
which is also a "navigable water" as that term is defined in the 2682
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 2683
(G) Permit D-5g may be issued to a nonprofit corporation that 2684
Sub. H. B. No. 402 Page 87
As Reported by the Senate Agriculture Committee
is either the owner or the operator of a national professional 2685
sports museum. The holder of a D-5g permit may sell beer and any 2686
intoxicating liquor at retail, only by the individual drink in 2687
glass and from the container, for consumption on the premises 2688
where sold. The holder of a D-5g permit shall sell no beer or 2689
intoxicating liquor for consumption on the premises where sold 2690
after one a.m. A D-5g permit shall not be transferred to another 2691
location. No quota restrictions shall be placed on the number of 2692
D-5g permits that may be issued. The fee for this permit is one 2693
thousand five hundred dollars. 2694
(H) Permit D-5h may be issued to any nonprofit organization 2695
that is exempt from federal income taxation under the "Internal 2696
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as 2697
amended, that owns or operates a fine arts museum and has no less 2698
than five thousand bona fide members possessing full membership 2699
privileges. The holder of a D-5h permit may sell beer and any 2700
intoxicating liquor at retail, only by the individual drink in 2701
glass and from the container, for consumption on the premises 2702
where sold. The holder of a D-5h permit shall sell no beer or 2703
intoxicating liquor for consumption on the premises where sold 2704
after one a.m. A D-5h permit shall not be transferred to another 2705
location. No quota restrictions shall be placed on the number of 2706
D-5h permits that may be issued. The fee for this permit is one 2707
thousand five hundred dollars. 2708
(I) Permit D-5i may be issued to either the owner or the 2709
operator of a food service operation licensed under section 2710
3732.03 of the Revised Code that meets all of the following 2711
requirements: 2712
(1) It is located in a municipal corporation or a township 2713
with a population of fifty thousand or less; 2714
(2) It has inside seating capacity for at least one hundred 2715
eighty forty persons; 2716
Sub. H. B. No. 402 Page 88
As Reported by the Senate Agriculture Committee
(3) It has at least seven five thousand square feet of floor 2717
area; 2718
(4) It offers full-course meals, appetizers, and sandwiches; 2719
(5) Its receipts from beer and liquor sales do not exceed 2720
twenty-five per cent of its total gross receipts; 2721
(6) The value of its real and personal property exceeds one 2722
million three nine hundred twenty-five thousand dollars. 2723
The holder of a D-5i permit shall cause an independent audit 2724
to be performed at the end of one full year of operation following 2725
issuance of the permit, in order to verify the requirements of 2726
division (I)(5) of this section. The results of the independent 2727
audit shall be transmitted to the division. Upon determining that 2728
the receipts of the holder from beer and liquor sales exceeded 2729
twenty-five per cent of its total gross receipts, the division 2730
shall suspend the permit of the permit holder under section 2731
4301.25 of the Revised Code and may allow the permit holder to 2732
elect a forfeiture under section 4301.252 of the Revised Code. 2733
The holder of a D-5i permit may sell beer and any 2734
intoxicating liquor at retail, only by the individual drink in 2735
glass and from the container, for consumption on the premises 2736
where sold, and may sell the same products in the same manner and 2737
amounts not for consumption on the premises where sold as may be 2738
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 2739
permit shall sell no beer or intoxicating liquor for consumption 2740
on the premises where sold after two-thirty a.m. In addition to 2741
the privileges authorized in division (I) of this section, the 2742
holder of a D-5i permit may exercise the same privileges as the 2743
holder of a D-5 permit. 2744
A D-5i permit shall not be transferred to another location. 2745
The division of liquor control shall not renew a D-5i permit 2746
unless the food service operation for which it is issued continues 2747
Sub. H. B. No. 402 Page 89
As Reported by the Senate Agriculture Committee
to meet the requirements described in divisions (I)(1) to (6) of 2748
this section. No quota restrictions shall be placed on the number 2749
of D-5i permits that may be issued. The fee for this permit is one 2750
thousand eight hundred seventy-five dollars. 2751
Sec. 4303.202. (A) The division of liquor control may issue 2752
an F-2 permit to an association or corporation, or to a recognized 2753
subordinate lodge, chapter, or other local unit of an association 2754
or corporation, to sell beer or intoxicating liquor by the 2755
individual drink at an event to be held on premises located in a 2756
political subdivision or part thereof where the sale of beer or 2757
intoxicating liquor on that day is otherwise permitted by law. 2758
The division of liquor control may issue an F-2 permit to an 2759
association or corporation, or to a recognized subordinate lodge, 2760
chapter, or other local unit of an association or CORPORATION, to 2761
sell beer, wine, and spirituous liquor by the individual drink at 2762
an event to be held on premises located in a political subdivision 2763
or part thereof where the sale of beer and wine, but not 2764
spirituous liquor, is otherwise permitted by law on that day. 2765
Notwithstanding section 1711.09 of the Revised Code, this 2766
section applies to any association or corporation or a recognized 2767
subordinate lodge, Chapter, or other local unit of an association 2768
or corporation. 2769
In order to receive an F-2 permit, the association, 2770
corporation, or local unit shall be organized not for profit, 2771
shall be operated for a charitable, cultural, fraternal, or 2772
educational purpose, and shall not be affiliated with the holder 2773
of any class of liquor permit, other than a D-4 permit. 2774
The premises on which the permit is to be used shall be 2775
clearly defined and sufficiently restricted to allow proper 2776
supervision of the permit use by state and local law enforcement 2777
personnel. An F-2 permit may be issued for the same premises for 2778
Sub. H. B. No. 402 Page 90
As Reported by the Senate Agriculture Committee
which another class of permit is issued. 2779
No F-2 permit shall be effective for more than forty-eight 2780
consecutive hours, and sales shall be confined to the same hours 2781
permitted to the holder of a D-3 permit. The division shall not 2782
issue more than two F-2 permits in one calendar year to the same 2783
association, corporation, or local unit of an association or 2784
corporation. The fee for an F-2 permit is seventy-five dollars. 2785
If an applicant wishes the holder of a D-3, D-4, or D-5 2786
permit to conduct the sale of beer and intoxicating liquor at the 2787
event, the applicant may request that the F-2 permit be issued 2788
jointly to the association, corporation, or local unit and the 2789
D-permit holder. If a permit is issued jointly, the association, 2790
corporation, or local unit and the D-permit holder shall both be 2791
held responsible for any conduct that violates laws pertaining to 2792
the sale of alcoholic beverages, including sales by the D-permit 2793
holder; otherwise, the association, corporation, or local unit 2794
shall be held responsible. In addition to the permit fee paid by 2795
the association, corporation, or local unit, the D-permit holder 2796
shall pay a fee of ten dollars. A D-permit holder may receive an 2797
unlimited number of joint F-2 permits. 2798
Any association, corporation, or local unit applying for an 2799
F-2 permit shall file with the application a statement of the 2800
organizational purpose of the association, corporation, or local 2801
unit, the location and purpose of the event, and a list of its 2802
officers. The application form shall contain a notice that a 2803
person who knowingly makes a false statement on the application or 2804
statement is guilty of the crime of falsification, a misdemeanor 2805
of the first degree. In ruling on an application, the division 2806
shall consider, among other things, the past activities of the 2807
association, corporation, or local unit and any D-permit holder 2808
while operating under other F-2 permits, the location of the event 2809
for which the current application is made, and any objections of 2810
Sub. H. B. No. 402 Page 91
As Reported by the Senate Agriculture Committee
local residents or law enforcement authorities. If the division 2811
approves the application, it shall send copies of the approved 2812
application to the proper law enforcement authorities prior to the 2813
scheduled event. 2814
Using the procedures of Chapter 119. of the Revised Code, the 2815
liquor control commission may adopt such rules as are necessary to 2816
administer this section. 2817
(B) No association, corporation, local unit of an association 2818
or corporation, or D-permit holder who holds an F-2 permit shall 2819
sell beer or intoxicating liquor beyond the hours of sale allowed 2820
by the permit. This division imposes strict liability on the 2821
holder of such permit and on any officer, agent, or employee of 2822
such permit holder. 2823
Sec. 4303.26. (A) Applications for regular permits authorized 2824
by sections 4303.02 to 4303.23 of the Revised Code may be filed 2825
with the division of liquor control. No permit shall be issued by 2826
the division until fifteen days after the application for it is 2827
filed. An applicant for the issuance of a new permit shall pay a 2828
processing fee of one hundred dollars when filing application for 2829
the permit, if the permit is then available, or shall pay the 2830
processing fee when a permit becomes available, if it is not 2831
available when the applicant initially files the application. When 2832
an application for a new class C or D permit is filed, when class 2833
C or D permits become available, or when an application for 2834
transfer of ownership of a class C or D permit or transfer of a 2835
location of a class C or D permit is filed, no permit shall be 2836
issued, nor shall the location or the ownership of a permit be 2837
transferred, by the division until the division notifies the 2838
legislative authority of the municipal corporation, if the 2839
business or event is or is to be located within the corporate 2840
limits of a municipal corporation, or the clerk of the board of 2841
Sub. H. B. No. 402 Page 92
As Reported by the Senate Agriculture Committee
county commissioners and township trustees in the county in which 2842
the business or event is or is to be conducted, if the business is 2843
or is to be located outside the corporate limits of a municipal 2844
corporation, and an opportunity is provided officials or employees 2845
of the municipal corporation or county and township, who shall be 2846
designated by the legislative authority of the municipal 2847
corporation or the board of county commissioners or township 2848
trustees, for a complete hearing upon the advisability of the 2849
issuance, transfer of ownership, or transfer of location of the 2850
permit. In this hearing, no objection to the issuance, transfer of 2851
ownership, or transfer of location of the permit shall be based 2852
upon noncompliance of the proposed permit premises with local 2853
zoning regulations which prohibit the sale of beer or intoxicating 2854
liquor, in an area zoned for commercial or industrial uses, for a 2855
permit premises that would otherwise qualify for a proper permit 2856
issued by the division. 2857
When the division sends notice to the legislative or 2858
executive authority of the political subdivision, as required by 2859
this section, the division shall also so notify, by certified 2860
mail, return receipt requested, or by personal service, the chief 2861
peace officer of the political subdivision. Upon the request of 2862
the chief peace officer, the division shall send the chief peace 2863
officer a copy of the application for the issuance or the transfer 2864
of ownership or location of the permit and all other documents or 2865
materials filed by the applicant or applicants in relation to the 2866
application. The chief peace officer may appear and testify, 2867
either in person or through a representative, at any hearing held 2868
on the advisability of the issuance, transfer of ownership, or 2869
transfer of location of the permit. The hearing shall be held in 2870
the central office of the division, except that upon written 2871
request of the legislative authority of the municipal corporation 2872
or the board of county commissioners or township trustees, the 2873
Sub. H. B. No. 402 Page 93
As Reported by the Senate Agriculture Committee
hearing shall be held in the county seat of the county where the 2874
applicant's business is or is to be conducted. 2875
If the business or event specified in an application for the 2876
issuance, transfer of ownership, or transfer of location of any 2877
regular permit authorized by sections 4303.02 to 4303.23 of the 2878
Revised Code, except for an F-2 permit, is, or is to be operated, 2879
within five hundred feet from the boundaries of a parcel of real 2880
estate having situated on it a school, church, library, public 2881
playground, or township park, no permit shall be issued, nor shall 2882
the location or the ownership of a permit be transferred, by the 2883
division until written notice of the filing of the application 2884
with the division is served, by certified mail, return receipt 2885
requested, or by personal service, upon the authorities in control 2886
of the school, church, library, public playground, or township 2887
park and an opportunity is provided them for a complete hearing 2888
upon the advisability of the issuance, transfer of ownership, or 2889
transfer of location of the permit. In this hearing, no objection 2890
to the issuance, transfer of ownership, or transfer of location of 2891
the permit shall be based upon the noncompliance of the proposed 2892
permit premises with local zoning regulations which prohibit the 2893
sale of beer or intoxicating liquor, in an area zoned for 2894
commercial or industrial uses, for a permit premises that would 2895
otherwise qualify for a proper permit issued by the division. Upon 2896
the written request of any such authorities, the hearing shall be 2897
held in the county seat of the county where the applicant's 2898
business is or is to be conducted. 2899
A request for any hearing authorized by this section shall be 2900
made no later than thirty days from the time of notification by 2901
the division. This thirty-day period begins on the date the 2902
division mails notice to the legislative authority or the date on 2903
which the division mails notice to or, by personal service, serves 2904
notice upon, the institution. The division shall conduct a hearing 2905
Sub. H. B. No. 402 Page 94
As Reported by the Senate Agriculture Committee
if the request for the hearing is postmarked by the deadline date. 2906
The division may allow, upon cause shown by the requesting 2907
legislative authority or board, an extension of thirty additional 2908
days for the legislative authority of the municipal corporation, 2909
board of township trustees of the township, or board of county 2910
commissioners of the county in which a permit premises is or is to 2911
be located to object to the issuance, transfer of ownership, or 2912
transfer of location of a permit. Such request for the extension 2913
shall be made by the legislative authority or board to the 2914
division no later than thirty days after the time of notification 2915
by the division. 2916
(B)(1) When an application for transfer of ownership of a 2917
permit is filed with the division, the division shall give notice 2918
of the application to the department of taxation. Within twenty 2919
days after receiving this notification, the department of taxation 2920
shall notify the division of liquor control and the proposed 2921
transferee of the permit if the permit holder owes to this state 2922
any delinquent sales taxes or income taxes withheld from employee 2923
compensation or has failed to file any sales tax returns or 2924
employee income tax withholding returns, to the extent that such 2925
delinquent taxes and delinquent returns are known to the 2926
department of taxation at that time. The division shall not 2927
transfer ownership of the permit until returns known to be 2928
delinquent are filed and until any such tax or withholding 2929
delinquency is resolved. As used in this division, "resolved" 2930
means that the tax or withholding delinquency has been paid or an 2931
amount sufficient to satisfy the delinquency is in escrow for the 2932
benefit of the state. The department of taxation shall notify the 2933
division of the resolution. After the division has received such 2934
notification from the department of taxation, the division may 2935
proceed to transfer ownership of the permit. Nothing in this 2936
division shall be construed to affect or limit the 2937
responsibilities or liabilities of the transferor or the 2938
Sub. H. B. No. 402 Page 95
As Reported by the Senate Agriculture Committee
transferee imposed by Chapter 5739. or 5747. of the Revised Code. 2939
(2) Notwithstanding section 5703.21 of the Revised Code, 2940
nothing prohibits the department of taxation from disclosing to 2941
the division or to the proposed transferee or the proposed 2942
transferee's designated agent any information pursuant to division 2943
(B)(1) of this section. 2944
(C) No F or F-2 permit shall be issued for an event until the 2945
applicant has, by means of a form that the division shall provide 2946
to the applicant, notified the chief peace officer of the 2947
political subdivision in which the event will be conducted of the 2948
date, time, place, and duration of the event. 2949
(D) The division of liquor control shall notify an applicant 2950
for a permit authorized by sections 4303.02 to 4303.23 of the 2951
Revised Code of an action pending or judgment entered against a 2952
liquor permit premises, of which the division has knowledge, 2953
pursuant to sections 3767.03 and 3767.05 of the Revised Code if 2954
the applicant is applying for a permit at the location of the 2955
premises that is the subject of the action under sections 3767.03 2956
and 3767.05 of the Revised Code. 2957
Sec. 4303.261. If a permit issued under this chapter is 2958
canceled as the result of an election held under sections 4301.32 2959
to 4301.41 or section 4305.14 of the Revised Code and the permit 2960
premises for that permit is in a building located in more than one 2961
election precinct or residence district, the division of liquor 2962
control shall not transfer that permit or another permit of the 2963
same class, or issue another permit of the same class, to a 2964
premises in another part of the same building that is not located 2965
in the precinct or residence district in which the local option 2966
election was held, until the results of a subsequent local option 2967
election held in that precinct or residence district allow the 2968
issuance or transfer of location of the permit in that precinct or 2969
Sub. H. B. No. 402 Page 96
As Reported by the Senate Agriculture Committee
residence district. 2970
Sec. 4303.29. (A) No permit, other than an H permit, shall be 2971
issued to a firm or partnership unless all the members of said 2972
firm or partnership are citizens of the United States and a 2973
majority have resided in this state for one year prior to 2974
application for such permit. No permit, other than an H permit, 2975
shall be issued to an individual who is not a citizen of the 2976
United States who has resided in this state for at least one year 2977
prior to application for such permit. No permit, other than an E 2978
or H permit, shall be issued to any corporation organized under 2979
the laws of any country, territory, or state other than Ohio until 2980
it has furnished the division of liquor control with evidence that 2981
it has complied with the laws of this state relating to the 2982
transaction of business in this state. 2983
The division may refuse to issue any permit to or refuse to 2984
renew any permit of any person convicted of any felony that is 2985
reasonably related to the person's fitness to operate a liquor 2986
permit business in this state. No holder of a permit shall sell, 2987
assign, transfer, or pledge such permit, without the written 2988
consent of the division. 2989
(B)(1) No more than one of each type of C or D permits shall 2990
be issued to any one person, firm, or corporation in any county 2991
having a population of less than twenty-five thousand, and no more 2992
than one of each type of C or D permits to any one person, firm, 2993
or corporation for any additional twenty-five thousand or major 2994
fraction thereof in any county having a greater population than 2995
twenty-five thousand, provided that in the case of D-3, D-3a, D-4, 2996
and D-5 permits no more than one permit shall be issued to any one 2997
person, firm, or corporation in any county having a population of 2998
less than fifty thousand, and no more than one such permit to any 2999
one person, firm, or corporation for any additional fifty thousand 3000
Sub. H. B. No. 402 Page 97
As Reported by the Senate Agriculture Committee
or major fraction thereof in any county having a greater 3001
population than fifty thousand. 3002
(2) No D-3 permit shall be issued to any club unless such 3003
club has been continuously engaged in the activity specified in 3004
section 4303.15 of the Revised Code, as a qualification for such 3005
class of permit, for two years at the time such permit is issued. 3006
(3)(a) Subject to division (B)(3)(b) of this section, upon 3007
application by properly qualified persons, one C-1 and C-2 permit 3008
shall be issued for each one thousand population or part thereof, 3009
and one D-1 and D-2 permit shall be issued for each two thousand 3010
population or part thereof, in each municipal corporation and in 3011
the unincorporated area of each township. 3012
Subject to division (B)(3)(b) of this section, not more than 3013
one D-3, D-4, or D-5 permit shall be issued for each two thousand 3014
population, or part thereof, in any municipal corporation and in 3015
the unincorporated area of any township, except that in any city 3016
of a population of fifty-five thousand or more one D-3 permit may 3017
be issued for each fifteen hundred population, or part thereof. 3018
(b) Nothing in division (B)(3)(a) of this section shall be 3019
construed to prohibit the transfer of location or the transfer of 3020
ownership and location of a C-1, C-2, D-1, D-2, D-3, or D-5 permit 3021
from a municipal corporation or the unincorporated area of a 3022
township in which the number of permits of that class exceeds the 3023
number of such permits authorized to be issued under division 3024
(B)(3)(a) of this section to an economic development project 3025
located in another municipal corporation or the unincorporated 3026
area of another township in which no additional permits of that 3027
class may be issued under division (B)(3)(a) of this section. 3028
Factors that shall be used to determine the designation of an 3029
economic development project include, but are not limited to, 3030
architectural certification of the plans and the cost of the 3031
Sub. H. B. No. 402 Page 98
As Reported by the Senate Agriculture Committee
project, the number of jobs that will be created by the project, 3032
projected earnings of the project, projected tax revenues for the 3033
political subdivisions in which the project will be located, and 3034
the amount of financial investment in the project. The 3035
superintendent of liquor control shall determine whether the 3036
existing or proposed business that is seeking a permit described 3037
in division (B)(3)(b) of this section qualifies as an economic 3038
development project and, if the superintendent determines that it 3039
so qualifies, shall designate the business as an economic 3040
development project. 3041
(4) Nothing in this section shall be construed to restrict 3042
the issuance of a permit to a municipal corporation for use at a 3043
municipally owned airport at which commercial airline companies 3044
operate regularly scheduled flights on which space is available to 3045
the public. A municipal corporation applying for a permit for such 3046
a municipally owned airport is exempt, in regard to that 3047
application, from the population restrictions contained in this 3048
section and from population quota restrictions contained in any 3049
rule of the liquor control commission. A municipal corporation 3050
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a 3051
municipally owned airport is subject to section 4303.31 of the 3052
Revised Code. 3053
(5) Nothing in this section shall be construed to prohibit 3054
the issuance of a D permit to the board of trustees of a soldiers' 3055
memorial for a premises located at a soldiers' memorial 3056
established pursuant to Chapter 345. of the Revised Code. An 3057
application for a D permit by such a board for such a premises is 3058
exempt from the population restrictions contained in this section 3059
and from the population quota restrictions contained in any rule 3060
of the liquor control commission. The location of a D permit 3061
issued to the board of trustees of a soldiers' memorial for a 3062
premises located at a soldiers' memorial shall not be transferred. 3063
Sub. H. B. No. 402 Page 99
As Reported by the Senate Agriculture Committee
A board of trustees of a soldiers' memorial applying for a D-1, 3064
D-2, D-3, D-4, or D-5 permit for such a soldiers' memorial is 3065
subject to section 4303.31 of the Revised Code. 3066
(6) Nothing in this section shall be construed to restrict 3067
the issuance of a permit for a premises located at a golf course 3068
owned by a municipal corporation, township, or county, owned by a 3069
park district created under Chapter 1545. of the Revised Code, or 3070
owned by the state. The location of such a permit issued on or 3071
after September 26, 1984, for a premises located at such a golf 3072
course shall not be transferred. Any application for such a permit 3073
is exempt from the population quota restrictions contained in this 3074
section and from the population quota restrictions contained in 3075
any rule of the liquor control commission. A municipal 3076
corporation, township, county, park district, or state agency 3077
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf 3078
course is subject to section 4303.31 of the Revised Code. 3079
(7) As used in division (B)(7) of this section, "fair" has 3080
the same meaning as in section 991.01 of the Revised Code, "state 3081
fairgrounds" means the property that is held by the state for the 3082
purpose of conducting fairs, expositions, and exhibits and that is 3083
maintained and managed by the Ohio expositions commission under 3084
section 991.03 of the Revised Code, and "capitol square" has the 3085
same meaning as in section 105.41 of the Revised Code. 3086
Nothing in this section shall be construed to restrict the 3087
issuance of one or more D permits to one or more applicants for 3088
all or a part of either the state fairgrounds or capitol square. 3089
An application for a D permit for the state fairgrounds or capitol 3090
square is exempt from the population quota restrictions contained 3091
in this section and from the population quota restrictions 3092
contained in any rule of the liquor control commission. The 3093
location of a D permit issued for the state fairgrounds or capitol 3094
square shall not be transferred. An applicant for a D-1, D-2, D-3, 3095
Sub. H. B. No. 402 Page 100
As Reported by the Senate Agriculture Committee
or D-5 permit for the state fairgrounds is not subject to section 3096
4303.31 of the Revised Code. 3097
Pursuant to section 1711.09 of the Revised Code, the holder 3098
of a D permit issued for the state fairgrounds shall not deal in 3099
spirituous liquor at the state fairgrounds during, or for one week 3100
before or for three days after, any fair held at the state 3101
fairgrounds. 3102
(8) Nothing in this section shall be construed to prohibit 3103
the issuance of a D permit for a premises located at a zoological 3104
park at which sales have been approved in an election held under 3105
former section 4301.356 of the Revised Code. An application for a 3106
D permit for such a premises is exempt from the population 3107
restrictions contained in this section, from the population quota 3108
restrictions contained in any rule of the liquor control 3109
commission, and from section 4303.31 of the Revised Code. The 3110
location of a D permit issued for a premises at such a zoological 3111
park shall not be transferred, and no quota or other restrictions 3112
shall be placed on the number of D permits that may be issued for 3113
a premises at such a zoological park. 3114
(C)(1) As used in this division, "residence district" has the 3115
same meaning as in section 4301.01 of the Revised Code. 3116
(2) No D-3, D-4, D-5, or D-5a permit shall be issued in any 3117
election precinct or residence district in any municipal 3118
corporation or in any election precinct or residence district in 3119
the unincorporated area of any township, in which at the November, 3120
1933, election a majority of the electors voting thereon in the 3121
municipal corporation or in the unincorporated area of the 3122
township voted against the repeal of Section 9 of Article XV, Ohio 3123
Constitution, unless the sale of spirituous liquor by the glass is 3124
authorized by a majority vote of the electors voting on the 3125
question in the precinct or residence district at an election held 3126
pursuant to this section or by a majority vote of the electors of 3127
Sub. H. B. No. 402 Page 101
As Reported by the Senate Agriculture Committee
the precinct or residence district voting on question (C) at a 3128
special local option election held in the precinct or residence 3129
district pursuant to section 4301.35 of the Revised Code. Upon the 3130
request of an elector, the board of elections of the county that 3131
encompasses the precinct or the residence district shall furnish 3132
the elector with a copy of the instructions prepared by the 3133
secretary of state under division (P) of section 3501.05 of the 3134
Revised Code and, within fifteen days after the request, a 3135
certificate of the number of signatures required for a valid 3136
petition under this section. 3137
Upon the petition of thirty-five per cent of the total number 3138
of voters voting in any such precinct or residence district for 3139
the office of governor at the preceding general election, filed 3140
with the board of elections of the county in which such precinct 3141
or the residence district is located not later than seventy-five 3142
days before a general election, such board shall prepare ballots 3143
and hold an election at such general election upon the question of 3144
allowing spirituous liquor to be sold by the glass in such 3145
precinct or residence district. Such ballots shall be approved in 3146
form by the secretary of state. The results of such election shall 3147
be certified by the board to the secretary of state, who shall 3148
certify the same to the division. 3149
(3)(2) No holder of a class D-3 permit issued for a boat or 3150
vessel shall sell spirituous liquor in any precinct, in which the 3151
election provided for in this section may be held, unless the sale 3152
of such liquor by the drink has been authorized by vote of the 3153
electors as provided in this section or in section 4301.35 of the 3154
Revised Code. 3155
(D) Any holder of a C or D permit whose permit premises were 3156
purchased in 1986 or 1987 by the state of Ohio or any state agency 3157
for highway purposes shall be issued the same permit at another 3158
location notwithstanding any quota restrictions contained in this 3159
Sub. H. B. No. 402 Page 102
As Reported by the Senate Agriculture Committee
chapter or in any rule of the liquor control commission. 3160
Sec. 4303.292. (A) The division of liquor control may refuse 3161
to issue, transfer the ownership of, or renew, and shall refuse to 3162
transfer the location of any retail permit issued under this 3163
chapter if it finds: 3164
(1) That the applicant, any partner, member, officer, 3165
director, or manager thereof, or any shareholder owning ten per 3166
cent or more of its capital stock: 3167
(a) Has been convicted at any time of a crime which relates 3168
to fitness to operate a liquor establishment; 3169
(b) Has operated liquor permit businesses in a manner that 3170
demonstrates a disregard for the laws, regulations, or local 3171
ordinances of this state or any other state; 3172
(c) Has misrepresented a material fact in applying to the 3173
division for a permit; 3174
(d) Is in the habit of using alcoholic beverages or dangerous 3175
drugs to excess, or is addicted to the use of narcotics. 3176
(2) That the place for which the permit is sought: 3177
(a) Does not conform to the building, safety, or health 3178
requirements of the governing body of the county or municipality 3179
in which the place is located. As used in division (A)(2)(a) of 3180
this section, "building, safety, or health requirements" does not 3181
include local zoning ordinances. The validity of local zoning 3182
regulations shall not be affected by this section. 3183
(b) Is so constructed or arranged that law enforcement 3184
officers and duly authorized agents of the division are prevented 3185
from reasonable access to rooms within which beer or intoxicating 3186
liquor is to be sold or consumed. 3187
(c) Is so located with respect to the neighborhood that 3188
Sub. H. B. No. 402 Page 103
As Reported by the Senate Agriculture Committee
substantial interference with public decency, sobriety, peace or 3189
good order would result from the issuance, renewal, transfer of 3190
location, or transfer of ownership of the permit and operation 3191
thereunder by the applicant. 3192
(d) Has been declared a nuisance pursuant to Chapter 3767. of 3193
the Revised Code since the time of the most recent issuance, 3194
renewal, or transfer of ownership or location of the liquor 3195
permit. 3196
(B) The division of liquor control may refuse to issue or 3197
transfer the ownership of, and shall refuse to transfer the 3198
location of any retail permit issued under this chapter if it 3199
finds: 3200
(1) That the place for which the permit is sought is so 3201
situated with respect to any school, church, library, public 3202
playground, or hospital that the operation of the liquor 3203
establishment will substantially and adversely affect or interfere 3204
with the normal, orderly conduct of the affairs of those 3205
facilities or institutions. 3206
(2) That the number of permits already existent in the 3207
neighborhood is such that the issuance or transfer of location of 3208
a permit would be detrimental to and substantially interfere with 3209
the morals, safety, or welfare of the public, and, in reaching a 3210
conclusion in this respect, the department division shall 3211
consider, in light of the purposes of Chapters 4301., 4303., and 3212
4399. of the Revised Code, the character and population of the 3213
neighborhood, the number and location of similar permits in the 3214
neighborhood, the number and location of all other permits in the 3215
neighborhood, and the effect the issuance or transfer of location 3216
of a permit would have on the neighborhood. 3217
(C) The department division of liquor control shall not 3218
transfer the location or transfer the ownership and location of a 3219
Sub. H. B. No. 402 Page 104
As Reported by the Senate Agriculture Committee
permit under division (B)(3)(b) of section 4303.29 of the Revised 3220
Code unless the permit is transferred to an economic development 3221
project. 3222
(D) The division of liquor control shall refuse to issue, 3223
renew, transfer the ownership of, or transfer the location of a 3224
retail permit under this chapter if the applicant is or has been 3225
convicted of a violation of division (C)(1) of section 2913.46 of 3226
the Revised Code. 3227
(E) The division of liquor control shall refuse to transfer 3228
the ownership of or transfer the location of a retail permit under 3229
this chapter while criminal proceedings are pending against the 3230
holder of the permit for a violation of division (C)(1) of section 3231
2913.46 of the Revised Code. The department of human services 3232
shall notify the division of liquor control whenever criminal 3233
proceedings have commenced for a violation of division (C)(1) of 3234
section 2913.46 of the Revised Code. 3235
(F)(1) The division shall refuse to issue, renew, or transfer 3236
the ownership or location of a retail permit under this chapter if 3237
the applicant has been found to be maintaining a nuisance at the 3238
premises for which the issuance, renewal, or transfer of ownership 3239
or location of the retail permit is sought under section 3767.03 3240
of the Revised Code. 3241
Sec. 4305.14. (A) As used in this section, "residence 3242
district" has the same meaning as in section 4301.01 of the 3243
Revised Code. 3244
(B) The following questions regarding the sale of beer by 3245
holders of C or D permits may be presented to the qualified 3246
electors of an election precinct or residence district: 3247
(1) "Shall the sale of beer as defined in section 4305.08 of 3248
the Revised Code under permits which authorize sale for 3249
Sub. H. B. No. 402 Page 105
As Reported by the Senate Agriculture Committee
off-premises consumption only be permitted within this (precinct) 3250
(district)?" 3251
(2) "Shall the sale of beer as defined in section 4305.08 of 3252
the Revised Code under permits which authorize sale for 3253
on-premises consumption only, and under permits which authorize 3254
sale for both on-premises and off-premises consumption, be 3255
permitted in this (precinct) (district)?" 3256
The exact wording of the question as submitted and form of 3257
ballot as printed shall be determined by the board of elections in 3258
the county wherein the election is held, subject to approval of 3259
the secretary of state. 3260
Upon the request of an elector, a board of elections of a 3261
county that encompasses an election precinct or residence district 3262
shall furnish to the elector a copy of the instructions prepared 3263
by the secretary of state under division (P) of section 3501.05 of 3264
the Revised Code and, within fifteen days after the request, with 3265
a certificate indicating the number of valid signatures that will 3266
be required on a petition to hold a special election in that 3267
precinct or residence district on either or both of the questions 3268
specified in this section. 3269
The board shall provide to a petitioner, at the time the 3270
petitioner takes out a petition, the names of the streets and, if 3271
appropriate, the address numbers of residences and business 3272
establishments within the precinct or residence district in which 3273
the election is sought, and a form prescribed by the secretary of 3274
state for notifying affected permit holders of the circulation of 3275
a petition for an election for the submission of one or more of 3276
the questions specified in division (B)(A) of this section. The 3277
petitioner shall, not less than forty-five days before the 3278
petition-filing deadline for an election provided for in this 3279
section, file with the division of liquor control the information 3280
regarding names of streets and, if appropriate, address numbers of 3281
Sub. H. B. No. 402 Page 106
As Reported by the Senate Agriculture Committee
residences and business establishments provided by the board of 3282
elections, and specify to the division the precinct or residence 3283
district that is concerned or that would be affected by the 3284
results of the election and the filing deadline. The division 3285
shall, within a reasonable period of time and not later than 3286
fifteen days before the filing deadline, supply the petitioner 3287
with a list of the names and addresses of permit holders who would 3288
be affected by the election. The list shall contain a heading with 3289
the following words: "liquor permit holders who would be affected 3290
by the question(s) set forth on a petition for a local option 3291
election." 3292
Within five days after receiving from the division the list 3293
of liquor permit holders who would be affected by the question or 3294
questions set forth on a petition for local option election, the 3295
petitioner shall, using the form provided by the board of 3296
elections, notify by certified mail each permit holder whose name 3297
appears on that list. The form for notifying affected permit 3298
holders shall require the petitioner to state the petitioner's 3299
name and street address and shall contain a statement that a 3300
petition is being circulated for an election for the submission of 3301
the question or questions specified in division (B) of this 3302
section. The form shall require the petitioner to state the 3303
question or questions to be submitted as they appear on the 3304
petition. 3305
The petitioner shall attach a copy of the list provided by 3306
the division to each petition paper. A part petition paper 3307
circulated at any time without the list of affected permit holders 3308
attached to it is invalid. 3309
At the time of filing the petition with the board of 3310
elections, the petitioner shall provide to the board of elections 3311
the list supplied by the division and an affidavit certifying that 3312
the petitioner notified all affected permit holders on the list in 3313
Sub. H. B. No. 402 Page 107
As Reported by the Senate Agriculture Committee
the manner and within the time required in this section and that, 3314
at the time each signer of the petition signed the petition, the 3315
petition paper contained a copy of the list of affected permit 3316
holders. 3317
Within five days after receiving a petition calling for an 3318
election for the submission of the question or questions set forth 3319
in this section, the board of elections shall give notice by 3320
certified mail that it has received the petition to all liquor 3321
permit holders whose names appear on the list of affected permit 3322
holders filed by the petitioner as furnished by the division. 3323
Failure of the petitioner to supply the affidavit required by this 3324
section and a complete and accurate list of liquor permit holders 3325
as furnished by the division invalidates the entire petition. The 3326
board of elections shall provide to a permit holder who would be 3327
affected by a proposed local option election, on the permit 3328
holder's request, the names of the streets, and, if appropriate, 3329
the address numbers of residences and business establishments 3330
within the precinct or residence district in which the election is 3331
sought and that would be affected by the results of the election. 3332
The board may charge a reasonable fee for this information when 3333
provided to the petitioner and the permit holder. 3334
Upon presentation not later than four p.m. of the 3335
seventy-fifth day before the day of a general or primary election, 3336
of a petition to the board of elections of the county wherein such 3337
election is sought to be held, requesting the holding of such 3338
election on either or both of the questions specified in this 3339
section, signed by qualified electors of the precinct or residence 3340
district concerned equal in number to thirty-five per cent of the 3341
total number of votes cast in the precinct concerned for the 3342
office of governor at the preceding general election for that 3343
office, in the case of an election within a single precinct, or 3344
equal in number to fifty-five per cent of the total number of 3345
Sub. H. B. No. 402 Page 108
As Reported by the Senate Agriculture Committee
votes cast in the residence district concerned for the office of 3346
governor at the preceding general election for that office, in the 3347
case of an election within a residence district, such board shall 3348
submit the question or questions specified in the petition to the 3349
electors of the precinct or residence district concerned, on the 3350
day of the next general or primary election, whichever occurs 3351
first. 3352
(C)(B) The board shall proceed as follows: 3353
(1) Such board shall, upon the filing of a petition under 3354
this section, but not later than the sixty-sixth day before the 3355
day of the election for which the question or questions on the 3356
petition would qualify for submission to the electors of the 3357
precinct or residence district, examine and determine the 3358
sufficiency of the signatures and review, examine, and determine 3359
the validity of such petition and, in case of overlapping precinct 3360
petitions or overlapping residence district petitions or 3361
overlapping precinct and residence district petitions presented 3362
within that period, determine which of the petitions shall govern 3363
the further proceedings of the board. In the case where the board 3364
determines that two or more overlapping petitions are valid, the 3365
earlier petition shall govern. The board shall certify the 3366
sufficiency of signatures contained in the petition as of the time 3367
of filing and the validity of any the petition determined to be 3368
valid. The board shall determine the validity of the petition as 3369
of the time of certification as described in division (B)(C)(1) of 3370
this section if the board finds the petition to be both sufficient 3371
and valid. 3372
(2) If the petition contains sufficient signatures and is 3373
valid, and, in case of overlapping precinct petitions or 3374
overlapping residence district petitions or overlapping precinct 3375
and residence district petitions, after the board has determined 3376
the governing petition, the board shall order the holding of a 3377
Sub. H. B. No. 402 Page 109
As Reported by the Senate Agriculture Committee
special election in the precinct or residence district for the 3378
submission of the question or questions specified in the petition, 3379
on the day of the next general or primary election, whichever 3380
occurs first. 3381
(3) All petitions filed with a board of elections under this 3382
section shall be open to public inspection under regulations rules 3383
adopted by the board. 3384
(D)(C) Protest against a local option petition may be filed 3385
by any qualified elector eligible to vote on the question or 3386
questions specified in the petition or by a permit holder in the 3387
precinct or residence district as described in the petition, not 3388
later than four p.m. of the sixty-fourth day before the day of 3389
such general or primary election for which the petition qualified. 3390
Such protest must shall be in writing and shall be filed with the 3391
election officials with whom the petition was filed. Upon filing 3392
of such protest the election officials with whom it is filed shall 3393
promptly fix the time for hearing the same it, and shall forthwith 3394
mail notice of the filing of the protest and the time for hearing 3395
it to the person who filed the petition which is protested and to 3396
the person who filed the protest. At the time and place fixed, the 3397
election officials shall hear the protest and determine the 3398
validity of the petition. 3399
(E)(D) If a majority of the electors voting on the question 3400
in the precinct or residence district vote "yes" on question (1) 3401
or (2) as set forth in division (B)(A) of this section, the sale 3402
of beer as specified in that question shall be permitted in the 3403
precinct or residence district and no subsequent election shall be 3404
held in the precinct or residence district under this section on 3405
the same question for a period of at least two years from the date 3406
of the most recent election. 3407
If a majority of the electors voting on the question in the 3408
precinct or residence district vote "no" on question (1) or (2) as 3409
Sub. H. B. No. 402 Page 110
As Reported by the Senate Agriculture Committee
set forth in division (B)(A) of this section, no C or D permit 3410
holder shall sell beer as specified in that question within the 3411
precinct or residence district during the period the election is 3412
in effect and no subsequent election shall be held in the precinct 3413
or residence district under this section on the same question for 3414
a period of at least two years from the date of the most recent 3415
election. 3416
Section 2. That existing sections 119.12, 2933.41, 3767.01, 3417
3767.03, 3767.05, 4301.01, 4301.25, 4301.252, 4301.32, 4301.321, 3418
4301.322, 4301.33, 4301.331, 4301.332, 4301.34, 4301.35, 4301.351, 3419
4301.352, 4301.353, 4301.354, 4301.36, 4301.361, 4301.362, 3420
4301.363, 4301.364, 4301.37, 4301.39, 4301.40, 4301.401, 4301.74, 3421
4303.021, 4303.181, 4303.202, 4303.26, 4303.261, 4303.29, 3422
4303.292, and 4305.14 and sections 4301.211 and 4301.73 of the 3423
Revised Code are hereby repealed. 3424
Section 3. Section 4301.252 of the Revised Code is presented 3425
in this act as a composite of the section as amended by both Am. 3426
Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st General Assembly, 3427
with the new language of neither of the acts shown in capital 3428
letters. Section 4303.181 of the Revised Code is presented in this 3429
act as a composite of the section as amended by both Am. Sub. S.B. 3430
149 and Am. Sub. S.B. 162 of the 121st General Assembly, with the 3431
new language of neither of the acts shown in capital letters. This 3432
is in recognition of the principle stated in division (B) of 3433
section 1.52 of the Revised Code that such amendments are to be 3434
harmonized where not substantively irreconcilable and constitutes 3435
a legislative finding that such are the resulting versions in 3436
effect prior to the effective date of this act. 3437