CORRECTED VERSION As Passed by the Senate
122nd General Assembly
Regular Session Am. Sub. H. B. No. 402
1997-1998
Representatives Schuler, Garcia, Corbin, Mead, Britton, Taylor, Mottley,
Jacobson, Reid, Lewis, Sawyer
Senators White, Gardner, Watts, Finan, Gaeth, Mumper, B. Johnson
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 4301.323, 4301.324, 4301.333, 4301.334, 9
4301.355, 4301.356, 4301.365, 4301.366, and 10
4301.80, to repeal sections 4301.211 and 4301.73 11
of the Revised Code, and to repeal Section 6 of 12
Am. Sub. H. B. 390 of the 122nd General Assembly 13
to remove the prohibition against a liquor permit 14
holder advertising the retail price of beer and 15
malt beverages off the permit holder's premises; 16
to make changes in local option elections 17
including the elimination of residence districts; 18
to modify the application of local option liquor 19
elections to state agency stores; to consolidate 20
the adjudication of liquor law nuisances with 21
other statutory nuisances; to authorize the 22
holding of a local option election, on the sale of 23
Am. Sub. H. B. No. 402 Page 2
CORRECTED VERSION As Passed by the Senate
beer and intoxicating liquor at a community 24
facility, within the municipal corporation or 25
unincorporated area of the township in which the 26
community facility is located; to prohibit the 27
issuance or renewal of liquor permits at and the 28
transfer of liquor permits to a premises that has 29
been found to be a nuisance; to make changes 30
regarding the criteria for issuance of D-5i 31
permits; to modify the requirements for obtaining 32
an F-2 permit to authorize the sale of beer, wine, 33
and spirituous liquor by certain organizations for 34
not more than 48 hours for on-premises consumption 35
in an area where the sale of beer and wine, but 36
not spirituous liquor, for on-premises consumption 37
is allowed; and to provide that beer, intoxicating 38
liquor, or alcohol seized by the Division of 39
Liquor Control may be used for law enforcement 40
training activities. 41
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.12, 2933.41, 3767.01, 3767.03, 42
3767.05, 4301.01, 4301.25, 4301.252, 4301.32, 4301.321, 4301.322, 43
4301.33, 4301.331, 4301.332, 4301.34, 4301.35, 4301.351, 4301.352, 44
4301.353, 4301.354, 4301.36, 4301.361, 4301.362, 4301.363, 45
4301.364, 4301.37, 4301.39, 4301.40, 4301.401, 4301.74, 4303.021, 46
4303.181, 4303.202, 4303.26, 4303.261, 4303.29, 4303.292, and 47
4305.14 be amended and sections 4301.323, 4301.324, 4301.333, 48
4301.334, 4301.355, 4301.356, 4301.365, 4301.366, and 4301.80 of 49
the Revised Code be enacted to read as follows: 50
Sec. 119.12. Any party adversely affected by any order of an 51
agency issued pursuant to an adjudication denying an applicant 52
Am. Sub. H. B. No. 402 Page 3
CORRECTED VERSION As Passed by the Senate
admission to an examination, or denying the issuance or renewal of 53
a license or registration of a licensee, or revoking or suspending 54
a license, or allowing the payment of a forfeiture under section 55
4301.252 of the Revised Code, may appeal from the order of the 56
agency to the court of common pleas of the county in which the 57
place of business of the licensee is located or the county in 58
which the licensee is a resident, provided except that appeals 59
from decisions of the liquor control commission may be to the 60
court of common pleas of Franklin county and appeals from 61
decisions of, the state medical board, chiropractic examining 62
board, and board of nursing shall be to the court of common pleas 63
of Franklin county. If any such party is not a resident of and has 64
no place of business in this state, he the party may appeal to the 65
court of common pleas of Franklin county. 66
Any party adversely affected by any order of an agency issued 67
pursuant to any other adjudication may appeal to the court of 68
common pleas of Franklin county, except that appeals from orders 69
of the fire marshal issued under Chapter 3737. of the Revised Code 70
may be to the court of common pleas of the county in which the 71
building of the aggrieved person is located. 72
This section does not apply to appeals from the department of 73
taxation. 74
Any party desiring to appeal shall file a notice of appeal 75
with the agency setting forth the order appealed from and the 76
grounds of his the party's appeal. A copy of such notice of appeal 77
shall also be filed by the appellant with the court. Unless 78
otherwise provided by law relating to a particular agency, such 79
notices of appeal shall be filed within fifteen days after the 80
mailing of the notice of the agency's order as provided in this 81
section. For purposes of this paragraph, an order includes a 82
determination appealed pursuant to division (C) of section 119.092 83
Am. Sub. H. B. No. 402 Page 4
CORRECTED VERSION As Passed by the Senate
of the Revised Code. 84
The filing of a notice of appeal shall not automatically 85
operate as a suspension of the order of an agency. If it appears 86
to the court that an unusual hardship to the appellant will result 87
from the execution of the agency's order pending determination of 88
the appeal, the court may grant a suspension and fix its terms. If 89
an appeal is taken from the judgment of the court and the court 90
has previously granted a suspension of the agency's order as 91
provided in this section, such suspension of the agency's order 92
shall not be vacated and shall be given full force and effect 93
until the matter is finally adjudicated. No renewal of a license 94
or permit shall be denied by reason of such suspended order during 95
the period of the appeal from the decision of the court of common 96
pleas. In the case of an appeal from the state medical board or 97
chiropractic examining board, the court may grant a suspension and 98
fix its terms if it appears to the court that an unusual hardship 99
to the appellant will result from the execution of the agency's 100
order pending determination of the appeal and the health, safety, 101
and welfare of the public will not be threatened by suspension of 102
the order. This provision shall not be construed to limit the 103
factors the court may consider in determining whether to suspend 104
an order of any other agency pending determination of an appeal. 105
The final order of adjudication may apply to any renewal of a 106
license or permit which has been granted during the period of the 107
appeal. 108
Notwithstanding any other provision of this section, any 109
order issued by a court of common pleas or a court of appeals 110
suspending the effect of an order of the liquor control commission 111
issued pursuant to Chapter 4301. or 4303. Of the Revised Code that 112
suspends or, revokes, or cancels a permit issued under Chapter 113
4303. of the Revised Code, or that allows the payment of a 114
forfeiture under section 4301.252 of the Revised Code, shall 115
Am. Sub. H. B. No. 402 Page 5
CORRECTED VERSION As Passed by the Senate
terminate not more than fifteen six months after the date of the 116
filing of a notice of appeal in the record of the liquor control 117
commission with the clerk of the court of common pleas, even if 118
the matter has not been finally adjudicated within that time and 119
shall not be extended. The court of common pleas, or the court of 120
appeals on appeal, shall render a judgment in that matter within 121
six months after the date of the filing of the record of the 122
liquor control commission with the clerk of the court of common 123
pleas. A court of appeals shall not issue an order suspending the 124
effect of an order of the liquor control commission that extends 125
beyond six months after the date on which the record of the liquor 126
control commission is filed with a court of common pleas. 127
Notwithstanding any other provision of this section, any 128
order issued by a court of common pleas suspending the effect of 129
an order of the state medical board or chiropractic examining 130
board that limits, revokes, suspends, places on probation, or 131
refuses to register or reinstate a certificate issued by the board 132
or reprimands the holder of such a certificate shall terminate not 133
more than fifteen months after the date of the filing of a notice 134
of appeal in the court of common pleas, or upon the rendering of a 135
final decision or order in the appeal by the court of common 136
pleas, whichever occurs first. 137
Within thirty days after receipt of a notice of appeal from 138
an order in any case in which a hearing is required by sections 139
119.01 to 119.13 of the Revised Code, the agency shall prepare and 140
certify to the court a complete record of the proceedings in the 141
case. Failure of the agency to comply within the time allowed, 142
upon motion, shall cause the court to enter a finding in favor of 143
the party adversely affected. Additional time, however, may be 144
granted by the court, not to exceed thirty days, when it is shown 145
that the agency has made substantial effort to comply. Such record 146
shall be prepared and transcribed and the expense of it shall be 147
Am. Sub. H. B. No. 402 Page 6
CORRECTED VERSION As Passed by the Senate
taxed as a part of the costs on the appeal. The appellant shall 148
provide security for costs satisfactory to the court of common 149
pleas. Upon demand by any interested party, the agency shall 150
furnish at the cost of the party requesting it a copy of the 151
stenographic report of testimony offered and evidence submitted at 152
any hearing and a copy of the complete record. 153
Notwithstanding any other provision of this section, any 154
party desiring to appeal an order or decision of the state 155
personnel board of review shall, at the time of filing a notice of 156
appeal with the board, provide a security deposit in an amount and 157
manner prescribed in rules that the board shall adopt in 158
accordance with this chapter. In addition, the board is not 159
required to prepare or transcribe the record of any of its 160
proceedings unless the appellant has provided the deposit 161
described above. The failure of the board to prepare or transcribe 162
a record for an appellant who has not provided a security deposit 163
shall not cause a court to enter a finding adverse to the board. 164
165
Unless otherwise provided by law, in the hearing of the 166
appeal, the court is confined to the record as certified to it by 167
the agency. Unless otherwise provided by law, the court may grant 168
a request for the admission of additional evidence when satisfied 169
that such additional evidence is newly discovered and could not 170
with reasonable diligence have been ascertained prior to the 171
hearing before the agency. 172
The court shall conduct a hearing on such appeal and shall 173
give preference to all proceedings under sections 119.01 to 119.13 174
of the Revised Code, over all other civil cases, irrespective of 175
the position of the proceedings on the calendar of the court. An 176
appeal from an order of the state medical board issued pursuant to 177
division (D) of section 4731.22 of the Revised Code or, the 178
chiropractic examining board issued pursuant to section 4734.101 179
Am. Sub. H. B. No. 402 Page 7
CORRECTED VERSION As Passed by the Senate
of the Revised Code, or the liquor control commission issued 180
pursuant to Chapter 4301. or 4303. Of the Revised Code shall be 181
set down for hearing at the earliest possible time and takes 182
precedence over all other actions. The hearing in the court of 183
common pleas shall proceed as in the trial of a civil action, and 184
the court shall determine the rights of the parties in accordance 185
with the laws applicable to such action. At such hearing, counsel 186
may be heard on oral argument, briefs may be submitted, and 187
evidence introduced if the court has granted a request for the 188
presentation of additional evidence. 189
The court may affirm the order of the agency complained of in 190
the appeal if it finds, upon consideration of the entire record 191
and such additional evidence as the court has admitted, that the 192
order is supported by reliable, probative, and substantial 193
evidence and is in accordance with law. In the absence of such a 194
finding, it may reverse, vacate, or modify the order or make such 195
other ruling as is supported by reliable, probative, and 196
substantial evidence and is in accordance with law. The court 197
shall award compensation for fees in accordance with section 198
2335.39 of the Revised Code to a prevailing party, other than an 199
agency, in an appeal filed pursuant to this section. 200
The judgment of the court shall be final and conclusive 201
unless reversed, vacated, or modified on appeal. Such appeals may 202
be taken either by the party or the agency, shall proceed as in 203
the case of appeals in civil actions, and shall be pursuant to the 204
Rules of Appellate Procedure and, to the extent not in conflict 205
with those rules, Chapter 2505. of the Revised Code. Such appeal 206
by the agency shall be taken on questions of law relating to the 207
constitutionality, construction, or interpretation of statutes and 208
rules of the agency, and in such appeal the court may also review 209
and determine the correctness of the judgment of the court of 210
common pleas that the order of the agency is not supported by any 211
Am. Sub. H. B. No. 402 Page 8
CORRECTED VERSION As Passed by the Senate
reliable, probative, and substantial evidence in the entire 212
record. 213
The court shall certify its judgment to such agency or take 214
such other action necessary to give its judgment effect. 215
Sec. 2933.41. (A)(1) Any property, other than contraband that 216
is subject to the provisions of section 2913.34 or 2933.43 of the 217
Revised Code, other than property that is subject to section 218
3719.141 of the Revised Code, other than property that is 219
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45 220
of the Revised Code, other than a vehicle that is criminally 221
forfeited under an order issued under section 4503.233 or 4503.234 222
of the Revised Code and that is to be disposed of under section 223
4503.234 of the Revised Code, other than property that has been 224
lawfully seized under sections 2933.71 to 2933.75 of the Revised 225
Code in relation to a medicaid fraud offense, and other than 226
property that has been lawfully seized in relation to a violation 227
of section 2923.32 of the Revised Code, that has been lost, 228
abandoned, stolen, seized pursuant to a search warrant, or 229
otherwise lawfully seized or forfeited, and that is in the custody 230
of a law enforcement agency shall be kept safely pending the time 231
it no longer is needed as evidence and shall be disposed of 232
pursuant to this section. Each law enforcement agency that has 233
custody of any property that is subject to this section shall 234
adopt a written internal control policy that addresses the keeping 235
of detailed records as to the amount of property taken in by the 236
agency, that addresses the agency's disposition of the property 237
under this section, that provides for the keeping of detailed 238
records of the disposition of the property, and that provides for 239
the keeping of detailed financial records of the amount and 240
disposition of any proceeds of a sale of the property under 241
division (D)(8) of this section and of the general types of 242
expenditures made out of the proceeds retained by the agency and 243
Am. Sub. H. B. No. 402 Page 9
CORRECTED VERSION As Passed by the Senate
the specific amount expended on each general type of expenditure. 244
The policy shall not provide for or permit the identification of 245
any specific expenditure that is made in an ongoing investigation. 246
The policy is a public record open for inspection under section 247
149.43 of the Revised Code. 248
(2)(a) Every law enforcement agency that has any lost, 249
abandoned, stolen, seized, or forfeited property as described in 250
division (A)(1) of this section in its custody shall comply with 251
its written internal control policy adopted under that division 252
relative to the property. Each agency that has any property of 253
that nature in its custody, except for property to be disposed of 254
under division (D)(4) of this section, shall maintain an accurate 255
record, in accordance with its written internal control policy, of 256
each item of the property. The record shall include the date on 257
which each item of property came into the agency's custody, the 258
manner in which it was disposed of, the date of its disposition, 259
the name of the person who received the property if it was not 260
destroyed, and all other information required by the agency's 261
written internal control policy; however, the record shall not 262
identify or enable the identification of the individual officer 263
who seized any item of property. The record of any property that 264
no longer is needed as evidence, and all financial records of the 265
amount and disposition of any proceeds of a sale under division 266
(D)(8) of this section and of the general types of expenditures 267
made out of the proceeds retained by the agency and the specific 268
amount of each general type of expenditure, shall be open to 269
public inspection during the agency's regular business hours. 270
Each law enforcement agency that, during any calendar year, 271
has any seized or forfeited property as described in division 272
(A)(1) of this section in its custody shall prepare a report 273
covering the calendar year that cumulates all of the information 274
contained in all of the records kept by the agency pursuant to 275
Am. Sub. H. B. No. 402 Page 10
CORRECTED VERSION As Passed by the Senate
this division for that calendar year and shall send a copy of the 276
cumulative report, no later than the first day of March in the 277
calendar year following the calendar year covered by the report, 278
to the attorney general. Each report received by the attorney 279
general is a public record open for inspection under section 280
149.43 of the Revised Code. 281
(b) Each law enforcement agency that receives in any calendar 282
year any proceeds of a sale under division (D)(8) of this section 283
shall prepare a report covering the calendar year that cumulates 284
all of the information contained in all of the public financial 285
records kept by the agency pursuant to division (D)(2)(a) of this 286
section for that calendar year and shall send a copy of the 287
cumulative report, no later than the first day of March in the 288
calendar year following the calendar year covered by the report, 289
to the attorney general. Each report received by the attorney 290
general is a public record open for inspection under section 291
149.43 of the Revised Code. 292
(c) Not later than the fifteenth day of April in the calendar 293
year in which reports are sent to the attorney general under 294
divisions (A)(2)(a) and (b) of this section, the attorney general 295
shall send to the president of the senate and the speaker of the 296
house of representatives a written notification that does all of 297
the following: 298
(i) Indicates that the attorney general has received from law 299
enforcement agencies reports of the type described in division 300
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section, 301
whichever is applicable, that cover the previous calendar year and 302
indicates that the reports were received under division (A)(2)(a), 303
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is 304
applicable; 305
(ii) Indicates that the reports are open for inspection under 306
section 149.43 of the Revised Code; 307
Am. Sub. H. B. No. 402 Page 11
CORRECTED VERSION As Passed by the Senate
(iii) Indicates that the attorney general will provide a copy 308
of any or all of the reports to the president of the senate or the 309
speaker of the house of representatives upon request. 310
(B) A law enforcement agency that has property in its 311
possession that is required to be disposed of pursuant to this 312
section shall make a reasonable effort to locate the persons 313
entitled to possession of the property in its custody, to notify 314
them of when and where it may be claimed, and to return the 315
property to them at the earliest possible time. In the absence of 316
evidence identifying persons entitled to possession, it is 317
sufficient notice to advertise in a newspaper of general 318
circulation in the county, briefly describing the nature of the 319
property in custody and inviting persons to view and establish 320
their right to it. 321
(C) A person loses any right that the person may have to the 322
possession, or the possession and ownership, of property if any of 323
the following applies: 324
(1) The property was the subject, or was used in a conspiracy 325
or attempt to commit, or in the commission, of an offense other 326
than a traffic offense, and the person is a conspirator, 327
accomplice, or offender with respect to the offense. 328
(2) A court determines that the property should be forfeited 329
because, in light of the nature of the property or the 330
circumstances of the person, it is unlawful for the person to 331
acquire or possess the property. 332
(D) Unclaimed or forfeited property in the custody of a law 333
enforcement agency, other than contraband that is subject to the 334
provisions of section 2913.34 or 2933.43 of the Revised Code, 335
other than property forfeited under sections 2923.44 to 2923.47 or 336
2925.41 to 2925.45 of the Revised Code, and other than property 337
that has been lawfully seized in relation to a violation of 338
Am. Sub. H. B. No. 402 Page 12
CORRECTED VERSION As Passed by the Senate
section 2923.32 of the Revised Code, shall be disposed of on 339
application to and order of any court of record that has 340
territorial jurisdiction over the political subdivision in which 341
the law enforcement agency has jurisdiction to engage in law 342
enforcement activities, as follows: 343
(1) Drugs shall be disposed of pursuant to section 3719.11 of 344
the Revised Code or placed in the custody of the secretary of the 345
treasury of the United States for disposal or use for medical or 346
scientific purposes under applicable federal law. 347
(2) Firearms and dangerous ordnance suitable for police work 348
may be given to a law enforcement agency for that purpose. 349
Firearms suitable for sporting use or as museum pieces or 350
collectors' items may be sold at public auction pursuant to 351
division (D)(8) of this section. Other firearms and dangerous 352
ordnance shall be destroyed by the agency or shall be sent to the 353
bureau of criminal identification and investigation for 354
destruction by the bureau. 355
(3) Obscene materials shall be destroyed. 356
(4) Beer, intoxicating liquor, or alcohol seized from a 357
person who is not the holder of a permit issued under Chapters 358
4301. and 4303. of the Revised Code or is an offender and 359
forfeited to the state under section 4301.45 or 4301.53 of the 360
Revised Code either shall be sold by the division of liquor 361
control, if the division determines that the beer, intoxicating 362
liquor, or alcohol is fit for sale, or shall be placed in the 363
custody of the investigations unit in the department of public 364
safety and be used for training relating to law enforcement 365
activities. The department, with the assistance of the division of 366
liquor control, shall adopt rules in accordance with Chapter 119. 367
Of the Revised Code to provide for the distribution of such beer, 368
intoxicating liquor, or alcohol to state or local law enforcement 369
agencies upon their request. If any tax imposed under Title XLIII 370
Am. Sub. H. B. No. 402 Page 13
CORRECTED VERSION As Passed by the Senate
of the Revised Code has not been paid in relation to the beer, 371
intoxicating liquor, or alcohol, the proceeds of the sale shall 372
first be used to pay the tax. All other money collected under 373
division (D)(4) of this section shall be paid into the state 374
treasury. Any such beer, intoxicating liquor, or alcohol that the 375
division determines to be unfit for sale shall be destroyed. 376
377
(5) Money received by an inmate of a correctional institution 378
from an unauthorized source or in an unauthorized manner shall be 379
returned to the sender, if known, or deposited in the inmates' 380
industrial and entertainment fund if the sender is not known. 381
382
(6) Vehicles and vehicle parts forfeited under sections 383
4549.61 to 4549.63 of the Revised Code may be given to a law 384
enforcement agency for use in the performance of its duties. Those 385
parts may be incorporated into any other official vehicle. Parts 386
that do not bear vehicle identification numbers or derivatives of 387
them may be sold or disposed of as provided by rules of the 388
director of public safety. Parts from which a vehicle 389
identification number or derivative of it has been removed, 390
defaced, covered, altered, or destroyed and that are not suitable 391
for police work or incorporation into an official vehicle shall be 392
destroyed and sold as junk or scrap. 393
(7)(a) Computers, computer networks, computer systems, and 394
computer software suitable for police work may be given to a law 395
enforcement agency for that purpose. Other computers, computer 396
networks, computer systems, and computer software shall be 397
disposed of pursuant to division (D)(8) of this section. 398
(b) As used in this section, "computers," "computer 399
networks," "computer systems," and "computer software" have the 400
same meanings as in section 2913.01 of the Revised Code. 401
Am. Sub. H. B. No. 402 Page 14
CORRECTED VERSION As Passed by the Senate
(8) Other unclaimed or forfeited property, with the approval 402
of the court, may be used by the law enforcement agency that has 403
possession of it. If the other unclaimed or forfeited property is 404
not used by the law enforcement agency, it may be sold, without 405
appraisal, at a public auction to the highest bidder for cash, or, 406
in the case of other unclaimed or forfeited moneys, disposed of in 407
another manner that the court considers proper in the 408
circumstances. 409
(E)(1)(a) If the property was in the possession of the law 410
enforcement agency in relation to a delinquent child proceeding in 411
a juvenile court, ten per cent of the proceeds from property 412
disposed of pursuant to this section shall be applied to one or 413
more alcohol and drug addiction treatment programs that are 414
certified by the department of alcohol and drug addiction services 415
under section 3793.06 of the Revised Code and that are specified 416
by the court in its order issued under division (D) of this 417
section. A juvenile court shall not specify an alcohol or drug 418
addiction treatment program in the order unless the program is a 419
certified alcohol and drug addiction treatment program and, except 420
as provided in division (E)(1)(a) of this section, unless the 421
program is located in the county in which the court that issues 422
the orders is located or in a contiguous county. If no certified 423
alcohol and drug addiction treatment program is located in any of 424
those counties, the juvenile court may specify in the order a 425
certified alcohol and drug addiction treatment program located 426
anywhere within this state. The remaining ninety per cent of the 427
proceeds shall be applied as provided in divisions (E)(1)(b) of 428
this section. 429
If the property was in the possession of the law enforcement 430
agency other than in relation to a delinquent child proceeding in 431
a juvenile court, all of the proceeds from property disposed of 432
pursuant to this section shall be applied as provided in division 433
Am. Sub. H. B. No. 402 Page 15
CORRECTED VERSION As Passed by the Senate
(E)(1)(b) of this section. 434
(b) Except as provided in divisions (D)(4), (5), and (E)(2) 435
of this section and after compliance with division (E)(1)(a) of 436
this section when that division is applicable, the proceeds from 437
property disposed of pursuant to this section shall be placed in 438
the general fund of the state, the county, the township, or the 439
municipal corporation, of which the law enforcement agency 440
involved is an agency. 441
(2) Each board of county commissioners that recognizes a 442
citizens' reward program as provided in section 9.92 of the 443
Revised Code shall notify each law enforcement agency of that 444
county and each law enforcement agency of a township or municipal 445
corporation wholly located in that county of the official 446
recognition of the citizens' reward program by filing a copy of 447
its resolution conferring that recognition with each of those law 448
enforcement agencies. When the board of county commissioners of a 449
county recognizes a citizens' reward program and the county 450
includes a part, but not all, of the territory of a municipal 451
corporation, the board shall so notify the law enforcement agency 452
of that municipal corporation of the official recognition of the 453
citizens' reward program only if the county contains the highest 454
percentage of the municipal corporation's population. Upon receipt 455
of a notice of that nature, each law enforcement agency shall pay 456
twenty-five per cent of the proceeds from each sale of property 457
disposed of pursuant to this section to the citizens' reward 458
program for use exclusively for the payment of rewards. No part of 459
those funds may be used to pay for the administrative expenses or 460
any other expenses associated with a citizens' reward program. If 461
a citizens' reward program that operates in more than one county 462
or in another state or states in addition to this state receives 463
funds pursuant to this section, the funds shall be used to pay 464
rewards only for tips and information to law enforcement agencies 465
Am. Sub. H. B. No. 402 Page 16
CORRECTED VERSION As Passed by the Senate
concerning felonies, offenses of violence, or misdemeanors that 466
have been committed in the county from which the funds were 467
received. 468
(F) This section does not apply to the collection, storage, 469
or disposal of abandoned junk motor vehicles. This section shall 470
not be construed to rescind or restrict the authority of a 471
municipal law enforcement agency to keep and dispose of lost, 472
abandoned, stolen, seized, or forfeited property under an 473
ordinance of the municipal corporation, provided that, when a 474
municipal corporation that has received notice as provided in 475
division (E)(2) of this section disposes of property under an 476
ordinance of that nature, it shall pay twenty-five per cent of the 477
proceeds from any sale or auction to the citizens' reward program 478
as provided under that division. 479
(G) The receipt of funds by a citizens' reward program 480
pursuant to division (E) of this section does not make it a 481
governmental unit for purposes of section 149.43 of the Revised 482
Code and does not subject it to the disclosure provisions of that 483
section. 484
(H) For purposes of this section, "law enforcement agency" 485
includes correctional institutions. As used in this section, 486
"citizens' reward program" has the same meaning as in section 9.92 487
of the Revised Code. 488
Sec. 3767.01. As used in all sections of the Revised Code 489
relating to nuisances: 490
(A) "Place" includes any building, erection, or place or any 491
separate part or portion thereof or the ground itself; 492
(B) "Person" includes any individual, corporation, 493
association, partnership, trustee, lessee, agent, or assignee; 494
(C) "Nuisance" means that any of the following: 495
Am. Sub. H. B. No. 402 Page 17
CORRECTED VERSION As Passed by the Senate
(1) That which is defined and declared by statutes to be such 496
and also means any a nuisance; 497
(2) Any place in or upon which lewdness, assignation, or 498
prostitution is conducted, permitted, continued, or exists, or any 499
place, in or upon which lewd, indecent, lascivious, or obscene 500
films or plate negatives, film or plate positives, films designed 501
to be projected on a screen for exhibition films, or glass slides 502
either in negative or positive form designed for exhibition by 503
projection on a screen, are photographed, manufactured, developed, 504
screened, exhibited, or otherwise prepared or shown, and the 505
personal property and contents used in conducting and maintaining 506
any such place for any such purpose. This chapter shall not affect 507
any newspaper, magazine, or other publication entered as second 508
class matter by the post-office department. 509
(3) Any room, house, building, boat, vehicle, structure, or 510
place where beer or intoxicating liquor is manufactured, sold, 511
bartered, possessed, or kept in violation of law and all property 512
kept and used in maintaining the same, and all property designed 513
for the unlawful manufacture of beer or intoxicating liquor and 514
beer or intoxicating liquor contained in the room, house, 515
building, boat, structure, or place, or the operation of such a 516
room, house, building, boat, structure, or place as described in 517
division (C)(3) of this section where the operation of that place 518
substantially interferes with public decency, sobriety, peace, and 519
good order. "Violation of law" includes, but is not limited to, 520
sales to any person under the legal drinking age as prohibited in 521
division (A) of section 4301.22 or division (A) of section 4301.69 522
of the Revised Code and any violation of section 2913.46 or 523
2925.03 of the Revised Code. 524
Sec. 3767.03. Whenever a nuisance exists, the attorney 525
general; the village solicitor, city director of law, or other 526
Am. Sub. H. B. No. 402 Page 18
CORRECTED VERSION As Passed by the Senate
similar chief legal officer of the municipal corporation in which 527
the nuisance exists; the prosecuting attorney of the county in 528
which the nuisance exists; the law director of a township that has 529
adopted the limited self-government form of government under 530
Chapter 504. of the Revised Code; or any person who is a citizen 531
of the country in which the nuisance exists may bring an action in 532
equity in the name of the state, upon the relation of the attorney 533
general; the village solicitor, city director of law, or other 534
similar chief legal officer of the municipal corporation; the 535
prosecuting attorney; the township law director; or the person, to 536
abate the nuisance and to perpetually enjoin the person 537
maintaining the nuisance from further maintaining it. If an action 538
is instituted under this section by a person other than the 539
prosecuting attorney; the village solicitor, city director of law, 540
or other similar chief legal officer of the municipal corporation; 541
the attorney general; or the township law director, the 542
complainant shall execute a bond in the sum of not less than five 543
hundred dollars, to the defendant, with good and sufficient surety 544
to be approved by the court or clerk of the court, to secure to 545
the defendant any damages the defendant may sustain and the 546
reasonable attorney's fees the defendant may incur in defending 547
the action if the action is wrongfully brought, not prosecuted to 548
final judgment, is dismissed, or is not maintained, or if it is 549
finally decided that an injunction should not have been granted. 550
If it is finally decided that an injunction should not have been 551
granted or if the action was wrongfully brought, not prosecuted to 552
final judgment, dismissed, or not maintained, the defendant shall 553
have recourse against the bond for all damages suffered, including 554
damages to the defendant's property, person, or character, and for 555
the reasonable attorney's fees incurred by the defendant in 556
defending the action. 557
Any agency, officer, or other person bringing an action under 558
Am. Sub. H. B. No. 402 Page 19
CORRECTED VERSION As Passed by the Senate
this section against the holder of a liquor permit issued under 559
Chapter 4303. Of the Revised Code shall notify the division of 560
liquor control, the liquor control commission, and the liquor 561
enforcement division of the department of public safety regarding 562
the action at the time of bringing the action. 563
Sec. 3767.05. (A) The civil action provided for in section 564
3767.03 of the Revised Code shall be set down for trial at the 565
earliest possible time and shall have precedence over all other 566
cases except those involving crimes, election contests, or 567
injunctions regardless of the position of the proceedings on the 568
calendar of the court. In the civil action, evidence of the 569
general reputation of the place where the nuisance is alleged to 570
exist or an admission or finding of guilt of any person under the 571
criminal laws against prostitution, lewdness, assignation, or 572
other prohibited conduct at the place is admissible for the 573
purpose of proving the existence of the nuisance and is 574
prima-facie evidence of the nuisance and of knowledge of and of 575
acquiescence and participation in the nuisance on the part of the 576
person charged with maintaining it. 577
(B) If the complaint for the permanent injunction is filed by 578
a person who is a citizen of the county, it shall not be dismissed 579
unless the complainant and his the complainant's attorney submit a 580
sworn statement setting forth the reasons why the civil action 581
should be dismissed and the dismissal is approved by the 582
prosecuting attorney in writing or in open court. If the person 583
who files the complaint for the permanent injuction is a citizen 584
of the county, if that person refuses or otherwise fails to 585
prosecute the complaint to judgment, and if the civil action is 586
not dismissed pursuant to this division, then, with the approval 587
of the court, the attorney general, the prosecuting attorney of 588
the county in which the nuisance exists, or the village solicitor, 589
city director of law, or other similar chief legal officer of the 590
Am. Sub. H. B. No. 402 Page 20
CORRECTED VERSION As Passed by the Senate
municipal corporation in which the nuisance exists, may be 591
substituted for the complainant and prosecute the civil action to 592
judgment. 593
(C) If the civil action is commenced by a person who is a 594
citizen of the county where the nuisance is alleged to exist and 595
the court finds that there were no reasonable grounds or cause for 596
the civil action, the costs may be taxed to that person. 597
(D) If the existence of the nuisance is established upon the 598
trial of the civil action, a judgment shall be entered that 599
perpetually enjoins the defendant and any other person from 600
further maintaining the nuisance at the place complained of and 601
the defendant from maintaining the nuisance elsewhere. 602
(E) If the court finds that a nuisance described in division 603
(C)(3) of section 3767.01 of the Revised Code exists, the court 604
shall order the nuisance to be abated, and, in entering judgment 605
for nuisance, the court shall do all of the following: 606
(1) Specify that judgment is entered pursuant to Division (E) 607
of this section; 608
(2) Order that no beer or intoxicating liquor may be 609
manufactured, sold, bartered, possessed, kept, or stored in the 610
room, house, building, structure, place, boat, or vehicle or any 611
part thereof. The court need not find that the property was being 612
unlawfully used at the time of the hearing on the matter if the 613
court finds there existed a nuisance as described in division 614
(C)(3) of section 3767.01 of the Revised Code. 615
(3) Order that the room, house, building, boat, vehicle, 616
structure, or place not be occupied or used for one year after the 617
judgment is rendered. The court may permit the premises to be 618
occupied by a person other than the defendant or a business 619
affiliate of the defendant in the nuisance action, or an agent of, 620
or entity owned in whole or part by, the defendant, if the person, 621
Am. Sub. H. B. No. 402 Page 21
CORRECTED VERSION As Passed by the Senate
lessee, tenant, or occupant of the location posts a bond with 622
sufficient surety, to be approved by the court issuing the order, 623
in the sum of not less than one thousand nor more than five 624
thousand dollars, payable to the state of Ohio, on the condition 625
that no beer or intoxicating liquor thereafter shall be 626
manufactured, sold, bartered, possessed, kept, stored, 627
transported, or otherwise disposed of on the premises, and the 628
person agrees to pay all fines, costs, and damages that may be 629
assessed for a violation. A reasonable sum shall be allowed an 630
officer by the issuing court for the cost of closing and keeping 631
closed the premises that is the subject of the nuisance action. 632
(4) Send notice of the judgment entered to the division of 633
liquor control, the liquor control commission, and the liquor 634
enforcement division of the department of public safety. 635
(F) A defendant found to have maintained a nuisance as 636
described in division (C)(3) of section 3767.01 of the Revised 637
Code also is subject to liability and penalties under sections 638
4301.74 and 4399.09 of the Revised Code. The abatement of a 639
nuisance under section 4399.09 Of the Revised Code is in addition 640
to and does not prevent the abatement of a nuisance under division 641
(D) or (E) of this section. 642
(G) If a court enters judgment pursuant to division (D) or 643
(E) of this section finding that a nuisance exists at a liquor 644
permit premises or as a result of the operation of a liquor permit 645
premises, except in the case of a nuisance found as a result of a 646
violation of a local zoning ordinance or resolution, the certified 647
copy of the judgment required under division (A) of section 648
4301.331 of the Revised Code shall be filed with the board of 649
elections in the county in which the nuisance exists, not later 650
than four p.m. of the seventy-fifth day before the day of the next 651
general or primary election. However, no election shall be 652
conducted on sales at the liquor permit premises under section 653
Am. Sub. H. B. No. 402 Page 22
CORRECTED VERSION As Passed by the Senate
4301.352 Of the Revised Code until all appeals on the judgment are 654
resolved. The court of appeals shall render a decision on any 655
appeal of the judgment within six months after the date of the 656
filing of the appeal of the judgment with the clerk of the court 657
of appeals, and the supreme court shall render a decision on any 658
appeal of the judgment within six months after the date of the 659
filing of the appeal of the judgment with the clerk of the supreme 660
court. 661
Sec. 4301.01. (A) As used in the Revised Code: 662
(1) "Intoxicating liquor" and "liquor" include all liquids 663
and compounds, other than beer as defined in division (B)(2) of 664
this section, containing one-half of one per cent or more of 665
alcohol by volume which are fit to use for beverage purposes, from 666
whatever source and by whatever process produced, by whatever name 667
called, and whether the same are medicated, proprietary, or 668
patented. The phrase includes wine, as defined in division (B)(3) 669
of this section even if it contains less than four per cent of 670
alcohol by volume, mixed beverages, as defined in division (B)(4) 671
of this section even if they contain less than four per cent of 672
alcohol by volume, cider, as defined in division (B)(23)(21) of 673
this section, alcohol, and all solids and confections which 674
contain any alcohol. 675
(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to 676
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the 677
Revised Code, "sale" and "sell" include exchange, barter, gift, 678
offer for sale, sale, distribution and delivery of any kind, and 679
the transfer of title or possession of beer and intoxicating 680
liquor either by constructive or actual delivery by any means or 681
devices whatever, including the sale of beer or intoxicating 682
liquor by means of a controlled access alcohol and beverage 683
cabinet pursuant to section 4301.21 of the Revised Code. "Sale" 684
Am. Sub. H. B. No. 402 Page 23
CORRECTED VERSION As Passed by the Senate
and "sell" do not include the mere solicitation of orders for beer 685
or intoxicating liquor from the holders of permits issued by the 686
division of liquor control authorizing the sale of the beer or 687
intoxicating liquor, but no solicitor shall solicit any such 688
orders until the solicitor has been registered with the division 689
pursuant to section 4303.25 of the Revised Code. 690
(3) "Vehicle" includes all means of transportation by land, 691
by water, or by air, and everything made use of in any way for 692
such transportation. 693
(B) As used in sections 4301.01 to 4301.74 of the Revised 694
Code: 695
(1) "Alcohol" means ethyl alcohol, whether rectified or 696
diluted with water or not, whatever its origin may be, and 697
includes synthetic ethyl alcohol. "Alcohol" does not include 698
denatured alcohol and wood alcohol. 699
(2) "Beer," "malt liquor," or "malt beverages" includes all 700
brewed or fermented malt products containing one-half of one per 701
cent or more of alcohol by volume but not more than six per cent 702
of alcohol by weight. 703
(3) "Wine" includes all liquids fit to use for beverage 704
purposes containing not less than one-half of one per cent of 705
alcohol by volume and not more than twenty-one per cent of alcohol 706
by volume, which is made from the fermented juices of grapes, 707
fruits, or other agricultural products, except that as used in 708
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the 709
Revised Code, and, for purposes of determining the rate of the tax 710
that applies, division (B) of section 4301.43 of the Revised Code, 711
"wine" does not include cider. 712
(4) "Mixed beverages" such as bottled and prepared cordials, 713
cocktails, and highballs are products obtained by mixing any type 714
of whiskey, neutral spirits, brandy, gin, or other distilled 715
Am. Sub. H. B. No. 402 Page 24
CORRECTED VERSION As Passed by the Senate
spirits with, or over, carbonated or plain water, pure juices from 716
flowers and plants, and other flavoring materials. The completed 717
product shall contain not less than one-half of one per cent of 718
alcohol by volume and not more than twenty-one per cent of alcohol 719
by volume. 720
(5) "Spirituous liquor" includes all intoxicating liquors 721
containing more than twenty-one per cent of alcohol by volume. 722
(6) "Sealed container" means any container having a capacity 723
of not more than one hundred twenty-eight fluid ounces, the 724
opening of which is closed to prevent the entrance of air. 725
(7) "Person" includes firms and corporations. 726
(8) "Manufacture" includes all processes by which beer or 727
intoxicating liquor is produced, whether by distillation, 728
rectifying, fortifying, blending, fermentation, brewing, or in any 729
other manner. 730
(9) "Manufacturer" means any person engaged in the business 731
of manufacturing beer or intoxicating liquor. 732
(10) "Wholesale distributor" and "distributor" means a person 733
engaged in the business of selling to retail dealers for purposes 734
of resale. 735
(11) "Hotel" has the meaning set forth in section 3731.01 of 736
the Revised Code, subject to the exceptions mentioned in section 737
3731.03 of the Revised Code. 738
(12) "Restaurant" means a place located in a permanent 739
building provided with space and accommodations wherein, in 740
consideration of the payment of money, hot meals are habitually 741
prepared, sold, and served at noon and evening, as the principal 742
business of the place. "Restaurant" does not include pharmacies, 743
confectionery stores, lunch stands, night clubs, and filling 744
stations. 745
Am. Sub. H. B. No. 402 Page 25
CORRECTED VERSION As Passed by the Senate
(13) "Club" means a corporation or association of individuals 746
organized in good faith for social, recreational, benevolent, 747
charitable, fraternal, political, patriotic, or athletic purposes, 748
which is the owner, lessor, or occupant of a permanent building or 749
part thereof operated solely for those purposes, membership in 750
which entails the prepayment of regular dues, and includes the 751
place so operated. 752
(14) "Night club" means a place operated for profit, where 753
food is served for consumption on the premises and one or more 754
forms of amusement are provided or permitted for a consideration 755
which may be in the form of a cover charge or may be included in 756
the price of the food and beverages, or both, purchased by the 757
patrons thereof. 758
(15) "At retail" means for use or consumption by the 759
purchaser and not for resale. 760
(16) "Pharmacy" means an establishment as defined in section 761
4729.01 of the Revised Code, which is under the management or 762
control of a licensed pharmacist in accordance with section 763
4729.27 of the Revised Code. 764
(17) "Enclosed shopping center" means a group of retail sales 765
and service business establishments that face into an enclosed 766
mall, share common ingress, egress, and parking facilities, and 767
are situated on a tract of land that contains an area of not less 768
than five hundred thousand square feet. "Enclosed shopping center" 769
also includes not more than one business establishment that is 770
located within a free-standing building on such a tract of land, 771
so long as the sale of beer and intoxicating liquor on the tract 772
of land was approved in an election held under former section 773
4301.353 of the Revised Code. 774
(18) "Controlled access alcohol and beverage cabinet" means a 775
closed container, either refrigerated, in whole or in part, or 776
Am. Sub. H. B. No. 402 Page 26
CORRECTED VERSION As Passed by the Senate
nonrefrigerated, access to the interior of which is restricted by 777
means of a device which requires the use of a key, magnetic card, 778
or similar device and from which beer, intoxicating liquor, other 779
beverages, or food may be sold. 780
(19) "Residence district" means two or more contiguous 781
election precincts located within the same county and also located 782
within the same municipal corporation or within the unincorporated 783
area of the same township, as described by a petition authorized 784
by section 4301.33, 4301.332, 4303.29, or 4305.14 of the Revised 785
Code "Community facility" means either of the following: 786
(a) Any convention, sports, or entertainment facility or 787
complex, or any combination of these, that is used by or 788
accessible to the general public and that is owned or operated in 789
whole or in part by the state, a state agency, or a political 790
subdivision of the state or that is leased from, or located on 791
property owned by or leased from, the state, a state agency, a 792
political subdivision of the state, or a convention facilities 793
authority created pursuant to section 351.02 Of the Revised Code; 794
(b) An area designated as a community entertainment district 795
pursuant to section 4301.80 Of the Revised Code. 796
(20) "Low-alcohol beverage" means any brewed or fermented 797
malt product, or any product made from the fermented juices of 798
grapes, fruits, or other agricultural products, that contains 799
either no alcohol or less than one-half of one per cent of alcohol 800
by volume. The beverages described in division (B)(20) of this 801
section do not include a soft drink such as root beer, birch beer, 802
or ginger beer. 803
(21) "Cider" means all liquids fit to use for beverage 804
purposes that contain one-half of one per cent of alcohol by 805
volume, but not more than six per cent of alcohol by weight that 806
are made through the normal alcoholic fermentation of the juice of 807
Am. Sub. H. B. No. 402 Page 27
CORRECTED VERSION As Passed by the Senate
sound, ripe apples, including, without limitation, flavored, 808
sparkling, or carbonated cider and cider made from pure condensed 809
apple must. 810
Sec. 4301.25. (A) The liquor control commission may suspend 811
or revoke any permit issued pursuant to Chapters 4301. and 4303. 812
of the Revised Code for the violation of any of the applicable 813
restrictions of such chapters or of any lawful rule of the 814
commission or for other sufficient cause, and for the following 815
causes: 816
(1) Conviction of the holder or the holder's agent or 817
employee for violating a section of Chapters 4301. and 4303. of 818
the Revised Code or for a felony; 819
(2) The entry of a judgment pursuant to division (D) or (E) 820
of section 3767.05 Of the Revised Code against a permit holder or 821
the holder's agent or employee finding the existence of a nuisance 822
at a liquor permit premises or finding the existence of a nuisance 823
as a result of the operation of a liquor permit premises; 824
(3) Making any false material statement in an application for 825
a permit; 826
(3)(4) Assigning, transferring, or pledging a permit contrary 827
to the rules of the commission; 828
(4)(5) Selling or promising to sell beer or intoxicating 829
liquor to a wholesale or retail dealer who is not the holder of a 830
proper permit at the time of the sale or promise; 831
(5)(6) Failure of the holder of a permit to pay an excise tax 832
together with any penalties imposed by the law relating thereto 833
and for violation of any rule of the department of taxation in 834
pursuance thereof. 835
(B) The liquor control commission shall revoke a permit 836
issued pursuant to a provision of Chapter 4301. or 4303. of the 837
Am. Sub. H. B. No. 402 Page 28
CORRECTED VERSION As Passed by the Senate
Revised Code upon the conviction of the holder of the permit of a 838
violation of division (C)(1) of section 2913.46 of the Revised 839
Code. 840
(C) When the commission considers the length of a suspension 841
of a permit, it may consider the volume of the business of the 842
permit holder, so that the length of the suspension is in 843
proportion to the seriousness of the offense and the permit 844
holder's business in order that the suspension serve as a penalty 845
and a deterrent. Evidence as to the volume of business of the 846
permit holder may be offered by the permit holder or subpoenaed by 847
the commission. 848
Sec. 4301.252. (A)(1) Except as provided in divisions (B) and 849
(C) of this section, when the liquor control commission determines 850
that the permit of any permit holder is to be suspended under 851
Title XLIII of the Revised Code or any rule of the commission, the 852
commission may issue an order allowing a permit holder to elect to 853
pay a forfeiture for each day of the suspension in accordance with 854
division (A)(2) of this section, rather than to suspend operations 855
under the permit holder's permit issued for the premises at which 856
the violation occurred. 857
(2)(a) If the permit holder has not violated, at the premises 858
for which the permit holder's permit was issued, any provision of 859
Title XLIII of the Revised Code or rule of the commission during 860
the preceding two years, the amount of the forfeiture for each day 861
for the suspension shall be from one hundred to two hundred 862
dollars. 863
(b) If the permit holder has violated, at the premises for 864
which the permit holder's permit was issued, any provision of 865
Title XLIII of the Revised Code or rule of the commission for 866
which the permit holder has been disciplined by the commission not 867
more than one other time during the preceding two years, the 868
Am. Sub. H. B. No. 402 Page 29
CORRECTED VERSION As Passed by the Senate
amount of the forfeiture for each day of the suspension shall be 869
from two hundred to four hundred dollars. 870
(c) Except as provided under division (A)(2)(e) of this 871
section, if the permit holder has subsequently violated, at the 872
premises for which the permit holder's permit was issued, any 873
provision of Title XLIII of the Revised Code or rule of the 874
commission for which the permit holder has been disciplined by the 875
commission more than once, but not more than twice, during the 876
preceding two years, the commission shall establish the amount of 877
the forfeiture for each day of the suspension, but the amount 878
shall be not less than three hundred dollars for each day of 879
suspension. 880
(d) If the permit holder has subsequently violated, at the 881
premises for which the permit holder's permit was issued, any 882
provision of Title XLIII of the Revised Code or rule of the 883
commission for which the permit holder has been disciplined by the 884
commission more than twice during the preceding two years, the 885
commission may suspend or revoke the permit issued for the 886
premises at which the violation occurred, but shall not allow the 887
permit holder to pay a forfeiture instead of suspending or 888
revoking the permit holder's permit operations. 889
(e) If the permit holder has committed, at the premises for 890
which the permit holder's permit was issued, a gambling offense as 891
defined in section 2915.01, a drug abuse offense as defined in 892
section 2925.01, an offense described in section 2907.07, 2907.21, 893
2907.22, 2907.23, 2907.24, 2907.25, division (A) or (B) of section 894
4301.22, or section 4301.69 of the Revised Code or a municipal 895
ordinance substantially equivalent to any offense defined or 896
described in a section listed in division (A)(2)(e) of this 897
section for which the permit holder has been disciplined by the 898
commission more than once but not more than twice during the 899
preceding two years, the commission may suspend or revoke the 900
Am. Sub. H. B. No. 402 Page 30
CORRECTED VERSION As Passed by the Senate
permit issued for the premises at which the violation occurred, 901
but shall not allow the permit holder to pay a forfeiture instead 902
of suspending or revoking the permit holder's permit operations. A 903
person does not have to plead guilty to or be convicted of an 904
offense defined or described in a section listed in division 905
(A)(2)(e) of this section in order for this division to apply. 906
(3) When the commission issues an order allowing a permit 907
holder the option of paying a forfeiture rather than suspending 908
operations under the permit holder's permit issued for the 909
premises at which the violation occurred, the order shall notify 910
the permit holder of the option of paying a forfeiture. The order 911
shall state the number of days for which the permit may be 912
suspended, and that the permit holder has twenty-one days after 913
the date on which the order was sent to pay the full amount of the 914
forfeiture by certified check and that if the permit holder does 915
not do so, the permit holder's permit issued for the premises at 916
which the violation occurred shall be suspended for the period 917
stated in the order. If the permit holder fails to pay the full 918
amount of the forfeiture by certified check within twenty-one days 919
after the date on which the order was sent, the commission shall 920
issue an order suspending the permit holder's permit issued for 921
the premises at which the violation occurred for the period stated 922
in the order allowing payment of a forfeiture. The suspension 923
shall be effective on the twenty-eighth day after the date on 924
which the order allowing the payment of a forfeiture was sent. 925
Even the a permit holder who pays a forfeiture may file an appeal 926
under section 119.12 of the Revised Code. A permit holder shall be 927
considered to have paid a forfeiture when the permit holder's 928
certified check is received by the commission in Columbus. Upon 929
receipt of a permit holder's certified check under this division, 930
the commission shall promptly notify the division of liquor 931
control of its receipt. 932
Am. Sub. H. B. No. 402 Page 31
CORRECTED VERSION As Passed by the Senate
(B) No permit holder shall be permitted to pay a forfeiture 933
instead of having the permit holder's permit issued for the 934
premises at which the violation occurred suspended if the 935
suspension is ordered for the reasons stated in division (A)(5)(6) 936
of section 4301.25 of the Revised Code. 937
(C) When the evidence and the nature of any violation of 938
Title XLIII of the Revised Code show that continued operation of 939
the permit premises presents a clear and present danger to public 940
health and safety, or if the commission finds, upon reliable, 941
probative, and substantial evidence, that the statutory elements 942
of a felony committed in connection with the operation of the 943
permit premises are present in the action for which the permit 944
holder is being disciplined, the commission may suspend the permit 945
issued for the premises at which the violation occurred and shall 946
not allow the permit holder to pay a forfeiture instead of 947
suspending the permit holder's permit operations. 948
Sec. 4301.32. The privilege of local option as to the sale of 949
intoxicating liquors is hereby conferred upon the electors of an 950
election precinct or residence district named by the petition 951
authorized by section 4301.33 of the Revised Code. 952
Upon the request of an elector, a board of elections of a 953
county that encompasses an election precinct or residence district 954
shall furnish to the elector a copy of the instructions prepared 955
by the secretary of state under division (P) of section 3501.05 of 956
the Revised Code and, within fifteen days after the request, with 957
a certificate indicating the number of valid signatures that will 958
be required upon a petition to hold a special election in that 959
precinct or residence district on a question specified in section 960
4301.35 or 4301.351 of the Revised Code. 961
Sec. 4301.321. The electors of an election precinct may 962
Am. Sub. H. B. No. 402 Page 32
CORRECTED VERSION As Passed by the Senate
exercise the privilege of local option over the sale of beer or 963
intoxicating liquor by the holder of a class C or D permit at a 964
particular premises situated within the precinct if, within one 965
year prior to the local option election, the permit holder or 966
another person was convicted of or pleaded guilty to committing 967
any combination of three or more violations of section 2907.09, 968
2907.22, 2907.23, 2907.24, 2915.02, 2915.03, division (A) or (B) 969
of section 4301.22, or division (A) of section 4301.69 premises 970
was declared a nuisance, as defined in division (C) of section 971
3767.01 of the Revised Code on the permit premises and a judgment 972
was entered pursuant to division (D) or (E) of section 3767.05 Of 973
the Revised Code in a civil action brought under section 3767.03 974
or 3767.04 Of the Revised Code. The privilege conferred by this 975
section is in addition to and shall not be construed to conflict 976
with the privilege conferred on the electors of the precincts or 977
districts specified in section 4301.32, 4301.322, 4301.323, or 978
4305.14 of the Revised Code. 979
Sec. 4301.322. The electors of an election precinct or 980
residence district may exercise the privilege of local option 981
under sections 4301.353 and 4301.354 of the Revised Code on the 982
sale of beer, the sale of wine and mixed beverages, or the sale of 983
spirituous liquor, on Sunday or on other days of the week, in a 984
portion of the precinct or residence district in which the status 985
of such sales as allowed or prohibited is inconsistent with the 986
status of such sales in the remainder of the precinct or residence 987
district because of a change in precinct boundaries by the board 988
of elections or an annexation of territory to a municipal 989
corporation. The privilege conferred by this section is in 990
addition to the privilege conferred on the electors of an election 991
precinct or residence district as specified in section 4301.32, 992
4301.321, 4303.29, or 4305.14 of the Revised Code. 993
Am. Sub. H. B. No. 402 Page 33
CORRECTED VERSION As Passed by the Senate
If an election is held in a residence district under section 994
4301.353 or 4301.354 of the Revised Code, no more than one 995
precinct in the residence district may be a precinct in which the 996
status of sales in a portion of that precinct of the type of beer 997
or intoxicating liquor that is the subject of the election is 998
inconsistent with the status of such sales in the remainder of 999
that precinct. 1000
Sec. 4301.323. The electors of an election precinct may 1001
exercise the privilege of local option on the sale of beer and any 1002
intoxicating liquor at a particular location within the precinct 1003
if the petitioner for local option election is one of the 1004
following: 1005
(A) An applicant for the issuance or transfer of a liquor 1006
permit at, or to, a particular location within the precinct; 1007
(B) The holder of a liquor permit at a particular location 1008
within the precinct; 1009
(C) A person who operates or seeks to operate a liquor agency 1010
store at a particular location within the precinct; 1011
(D) The designated agent for an applicant, liquor permit 1012
holder, or liquor agency store described in division (A), (B), or 1013
(C) of this section. 1014
The privilege conferred by this section is in addition to the 1015
privilege conferred on the electors of precincts under section 1016
4301.32, 4301.321, 4301.322, or 4305.14 of the Revised Code. 1017
Sec. 4301.324. The electors of a municipal corporation or the 1018
unincorporated area of a township may exercise the privilege of 1019
local option on the sale of beer and any intoxicating liquor at a 1020
particular location within the municipal corporation or 1021
unincorporated area of the township if the use of the location is 1022
as a community facility. Only the electors of the municipal 1023
corporation or the unincorporated area of a township may exercise 1024
Am. Sub. H. B. No. 402 Page 34
CORRECTED VERSION As Passed by the Senate
this election privilege even if the community facility is 1025
partially or wholly owned by the state of Ohio. 1026
Sec. 4301.33. (A) The board of elections shall provide to a 1027
petitioner circulating a petition for an election for the 1028
submission of one or more of the questions specified in divisions 1029
(A) to (C)(D) of section 4301.35 or section 4301.351 of the 1030
Revised Code, at the time he takes of taking out the petition, the 1031
names of the streets and, if appropriate, the address numbers of 1032
residences and business establishments within the precinct or 1033
residence district in which the election is sought, and a form 1034
prescribed by the secretary of state for notifying affected permit 1035
holders and liquor agency stores of the circulation of a petition 1036
for an election for the submission of one or more of the questions 1037
specified in divisions (A) to (C)(D) of section 4301.35 or section 1038
4301.351 of the Revised Code. The petitioner shall, not less than 1039
forty-five days before the petition-filing deadline for the 1040
election, as provided in this section, file with the division of 1041
liquor control the information regarding names of streets and, if 1042
appropriate, address numbers of residences and business 1043
establishments provided by the board of elections, and specify to 1044
the division the precinct or residence district that is concerned 1045
and that would be affected by the results of the election and the 1046
filing deadline. The division shall, within a reasonable period of 1047
time and not later than fifteen days before the filing deadline, 1048
supply the petitioner with a list of the names and addresses of 1049
permit holders who and liquor agency stores, if any, that would be 1050
affected by the election. The list shall contain a heading with 1051
the following words: "Liquor permit holders who and liquor agency 1052
stores that would be affected by the question(s) set forth on 1053
petition for a local option election." 1054
Within five days after a petitioner has received from the 1055
division the list of liquor permit holders who and liquor agency 1056
Am. Sub. H. B. No. 402 Page 35
CORRECTED VERSION As Passed by the Senate
stores, if any, that would be affected by the question or 1057
questions set forth on a petition for local option election, the 1058
petitioner shall, using the form provided by the board of 1059
elections, notify by certified mail each permit holder and liquor 1060
agency store whose name appears on that list. The form for 1061
notifying affected permit holders and liquor agency stores shall 1062
require the petitioner to state the petitioner's name and street 1063
address and shall contain a statement that a petition is being 1064
circulated for an election for the submission of the question or 1065
questions specified in divisions (A) to (C)(D) of section 4301.35 1066
or section 4301.351 of the Revised Code. The form shall require 1067
the petitioner to state the question or questions to be submitted 1068
as they appear on the petition. 1069
The petitioner shall attach a copy of the list provided by 1070
the division to each petition paper. A part petition paper 1071
circulated at any time without the list of affected permit holders 1072
and liquor agency stores attached to it is invalid. 1073
At the time the petitioner files the petition with the board 1074
of elections, the petitioner shall provide to the board the list 1075
supplied by the division and an affidavit certifying that the 1076
petitioner notified all affected permit holders and liquor agency 1077
stores, if any, on the list in the manner and within the time 1078
required in this section and that, at the time each signer of the 1079
petition affixed the signer's signature to the petition, the 1080
petition paper contained a copy of the list of affected permit 1081
holders and liquor agency stores. 1082
Within five days after receiving a petition calling for an 1083
election for the submission of one or more of the questions 1084
specified in divisions (A) to (C) (D) of section 4301.35 or 1085
section 4301.351 of the Revised Code, the board shall give notice 1086
by certified mail that it has received the petition to all liquor 1087
permit holders and liquor agency stores, if any, whose names 1088
Am. Sub. H. B. No. 402 Page 36
CORRECTED VERSION As Passed by the Senate
appear on the list of affected permit holders and liquor agency 1089
stores filed by the petitioner as furnished by the division. 1090
Failure of the petitioner to supply the affidavit required by this 1091
section and a complete and accurate list of liquor permit holders 1092
as furnished by the division and liquor agency stores, if any, 1093
invalidates the entire petition. The board of elections shall 1094
provide to a permit holder who or liquor agency store that would 1095
be affected by a proposed local option election, on the permit 1096
holder's or liquor agency store's request, the names of the 1097
streets, and, if appropriate, the address numbers of residences 1098
and business establishments within the precinct or residence 1099
district in which the election is sought that would be affected by 1100
the results of the election. The board may charge a reasonable fee 1101
for this information when provided to the petitioner and the 1102
permit holder or liquor agency store. 1103
(B) Upon the presentation of a petition, not later than four 1104
p.m. of the seventy-fifth day before the day of a general or 1105
primary election, to the board of elections of the county where 1106
the precinct or residence district is located, designating whether 1107
it is a petition for an election for the submission of one or more 1108
of the questions specified in section 4301.35 of the Revised Code, 1109
or a petition for the submission of one or more of the questions 1110
specified in section 4301.351 of the Revised Code, designating the 1111
particular question or questions specified in section 4301.35 or 1112
4301.351 of the Revised Code that are to be submitted, and signed 1113
by the qualified electors of the precinct or residence district 1114
concerned, equal in number to thirty-five per cent of the total 1115
number of votes cast in the precinct concerned for the office of 1116
governor at the preceding general election for that office, in the 1117
case of an election within a single precinct, or equal in number 1118
to fifty-five per cent of the total number of votes cast in the 1119
residence district concerned for the office of governor at the 1120
preceding general election for that office, in the case of an 1121
Am. Sub. H. B. No. 402 Page 37
CORRECTED VERSION As Passed by the Senate
election within a residence district, the board shall submit the 1122
question or questions specified in the petition to the electors of 1123
the precinct or residence district concerned, on the day of the 1124
next general or primary election, whichever occurs first and shall 1125
proceed as follows: 1126
(A)(1) Such board shall, not later than the sixty-sixth day 1127
before the day of the election for which the question or questions 1128
on the petition would qualify for submission to the electors of 1129
the precinct or residence district, examine and determine the 1130
sufficiency of the signatures and review, examine, and determine 1131
the validity of the petition and, in case of overlapping residence 1132
district petitions or overlapping precinct and residence district 1133
petitions presented within that period, determine which of the 1134
petitions shall govern the further proceedings of the board. In 1135
the case where the board determines that two or more overlapping 1136
petitions are valid, the earlier filed petition shall govern. The 1137
board shall certify the sufficiency and validity of any petition 1138
determined to be valid. The board shall determine the validity of 1139
the petition as of the time of certification as described in this 1140
division. 1141
(B)(2) If a petition is sufficient, and, in case of 1142
overlapping residence district petitions or overlapping precinct 1143
and residence district petitions, after the board has determined 1144
the governing petition, the board to which the petition has been 1145
presented shall order the holding of a special election in the 1146
precinct or residence district for the submission of whichever of 1147
the questions specified in section 4301.35 or 4301.351 of the 1148
Revised Code are designated in the petition, on the day of the 1149
next general or primary election, whichever occurs first. 1150
(3) All petitions filed with a board of elections under this 1151
section shall be open to public inspection under rules adopted by 1152
the board. 1153
Am. Sub. H. B. No. 402 Page 38
CORRECTED VERSION As Passed by the Senate
(4) Protest against local option petitions may be filed by 1154
any elector eligible to vote on the question or questions 1155
described in the petitions or by a permit holder or liquor agency 1156
store in the precinct or residence district as described in the 1157
petitions, not later than four p.m. of the sixty-fourth day before 1158
the day of the general or primary election for which the petition 1159
qualified. The protest shall be in writing and shall be filed with 1160
the election officials with whom the petition was filed. Upon 1161
filing of the protest, the election officials with whom it is 1162
filed shall promptly fix the time for hearing it, and shall mail 1163
notice of the filing of the protest and the time and place for 1164
hearing it to the person who filed the petition and to the person 1165
who filed the protest. At the time and place fixed, the election 1166
officials shall hear the protest and determine the validity of the 1167
petition. 1168
Sec. 4301.331. (A) The privilege of local option conferred by 1169
section 4301.321 of the Revised Code may shall be exercised if, 1170
not later than four p.m. of the seventy-fifth day before the day 1171
of a general or primary election, a petition together with a copy 1172
of each of the judgment entries of the court for the violations of 1173
section 2907.09, 2907.22, 2907.23, 2907.24, 2915.02, 2915.03, 1174
division (A) or (B) of section 4301.22, or division (A) of section 1175
4301.69 of the Revised Code that are the grounds for the exercise 1176
of the local option privilege is presented to the board of 1177
elections of the county in which the precinct in which the 1178
particular premises at which the permit holder operates pursuant 1179
to the liquor permit that is the subject of the petition is 1180
situated. 1181
The petition provided for in this section may consist of one 1182
or more separate petition papers. In addition to the requirements 1183
of this section, the petitions shall be governed by the rules set 1184
forth in section 3501.38 of the Revised Code. 1185
Am. Sub. H. B. No. 402 Page 39
CORRECTED VERSION As Passed by the Senate
The petitioner shall attach a copy of each such judgment 1186
entry to each petition paper the petitioner circulates. At the 1187
time the petition is filed with the board of elections, the 1188
petitioner shall provide to the board of elections an affidavit 1189
certifying that at the time each signer signed the petition, the 1190
petition paper contained a copy of each such judgment entry. A 1191
part petition paper circulated at any time without the required 1192
judgment entries attached to it is invalid. Failure of the 1193
petitioner to supply the affidavit required by this section 1194
invalidates the entire petition. The petition is valid only if the 1195
violations named in the judgment entries occurred within one year 1196
prior to the date of the election for which the petition is 1197
presented to the board of elections. The petition shall be signed 1198
by the electors of the precinct equal in number to thirty-five per 1199
cent of the total number of votes cast in the precinct for the 1200
office of governor at the preceding general election for that 1201
office and If a certified copy of the judgment issued pursuant to 1202
division (D) or (E) of section 3767.05 Of the Revised Code that is 1203
the basis for the exercise of the local option privilege is filed 1204
PURSUANT to division (G) of section 3767.05 of the Revised Code 1205
indicating that a liquor permit premises has been adjudged a 1206
nuisance. The certified copy of the judgment shall be filed in 1207
accordance with this section by the person or public official who 1208
brought the action under section 3763.03 Of the Revised Code. 1209
(B) The certified copy of the judgment prescribed under 1210
division (A) of this section shall be filed with the board of 1211
elections of the county in which the nuisance was adjudged to 1212
exist pursuant to division (D) or (E) of section 3767.05 of the 1213
Revised Code not later than four p.m. of the seventy-fifth day 1214
before the day of the next general or primary election. 1215
(C) The statement prescribed under division (A) of this 1216
section shall contain both of the following: 1217
Am. Sub. H. B. No. 402 Page 40
CORRECTED VERSION As Passed by the Senate
(A)(1) A notice that the petition statement is for the 1218
submission of the question set forth in section 4301.352 of the 1219
Revised Code; 1220
(B)(2) The name of a class C or D permit holder and the 1221
address of the permit holder's permit premises. If the business 1222
conducted by a class C or D permit holder at the permit premises 1223
has a name different from the permit holder's personal or 1224
corporate name, the name of the permit holder's business shall be 1225
stated along with the permit holder's personal or corporate name. 1226
(D) Not later than five days after a petition the certified 1227
copy of the judgment prescribed under division (A) of this section 1228
is filed under this section, the board shall give notice by 1229
certified mail that it has received the petition certified copy of 1230
the judgment to the liquor permit holder whose permit would be 1231
affected by the results of the special election sought required by 1232
the petition filing of the certified copy of the judgment. Failure 1233
of the petitioner to supply a complete and accurate address of the 1234
liquor permit holder to the board of elections invalidates the 1235
petition election. Not 1236
For purposes of this section, "complete and accurate address" 1237
means all of the following: 1238
(1) The address of the liquor permit premises; 1239
(2) The address of the statutory agent of the liquor permit 1240
holder, if applicable; 1241
(3) The address of the liquor permit holder if different from 1242
the liquor permit premises address. 1243
(E) Not later than the sixty-sixth day before the day of the 1244
next general or primary election, whichever occurs first, the 1245
board shall examine and determine the sufficiency of the 1246
signatures on the petition and review, examine, and determine the 1247
validity of the petition. The board shall certify the sufficiency 1248
Am. Sub. H. B. No. 402 Page 41
CORRECTED VERSION As Passed by the Senate
and validity of any petition determined to be valid. The board 1249
shall determine the validity of the petition the certified copy of 1250
the judgment, make such determination as of the time of 1251
certification. If the board finds that the petition is valid, it 1252
shall, and order the holding of a special an election in the 1253
precinct on the day of that general or primary election for the 1254
submission of the question set forth in section 4301.352 of the 1255
Revised Code. 1256
(F) A petition certified copy of the judgment filed with the 1257
board of elections under division (A) of this section shall be 1258
open to public inspection under rules adopted by the board. 1259
An elector who is eligible to vote on the question set forth 1260
in section 4301.352 of the Revised Code or the permit holder named 1261
on the petition certified copy of the judgment, not later than 1262
four p.m. of the sixty-fourth day before the day of the special 1263
election at which the question will be submitted to the electors, 1264
may file a protest against a local option petition. The protest 1265
shall be in writing and shall be filed with the election officials 1266
with whom the petition certified copy of the judgment was filed. 1267
Upon the filing of the protest, the election officials with whom 1268
it is filed shall promptly fix a time and place for hearing the 1269
protest, and shall mail notice of the time and place for hearing 1270
it to the person who filed the petition certified copy of the 1271
judgment and to the person who filed the protest. At the time and 1272
place fixed, the election officials shall hear the protest and 1273
determine the validity of the petition certified copy of the 1274
judgment. 1275
Sec. 4301.332. (A) The board of elections shall provide to a 1276
petitioner circulating a petition for an election for the 1277
submission of one or more of the questions specified in section 1278
4301.353 or 4301.354 of the Revised Code, at the time of taking 1279
Am. Sub. H. B. No. 402 Page 42
CORRECTED VERSION As Passed by the Senate
out the petition, the names of the streets and, if appropriate, 1280
the address numbers of residences and business establishments 1281
within the precinct or residence district that would be affected 1282
by the results of the election, and a form prescribed by the 1283
secretary of state for notifying affected permit holders of the 1284
circulation of a petition for an election for the submission of 1285
one or more of the questions specified in section 4301.353 or 1286
4301.354 of the Revised Code. The petitioner shall, not less than 1287
forty-five days before the petition-filing deadline for the 1288
election, as provided in this section, file with the division of 1289
liquor control the information regarding names of streets and, if 1290
appropriate, address numbers of residences and business 1291
establishments provided by the board of elections, and specify to 1292
the division the portion of the precinct or residence district 1293
that would be affected by the results of the election and the 1294
filing deadline. The division shall, within a reasonable period of 1295
time and not later than fifteen days before the filing deadline, 1296
supply the petitioner with a list of the names and addresses of 1297
permit holders, if any, who would be affected by the election. The 1298
list shall contain a heading with the following words: "Liquor 1299
permit holders who would be affected by the question(s) set forth 1300
on petition for a local option election." 1301
Within five days after a petitioner has received from the 1302
division the list of liquor permit holders, if any, who would be 1303
affected by the question or questions set forth on a petition for 1304
local option election, the petitioner, using the form provided by 1305
the board of elections, shall notify by certified mail each permit 1306
holder whose name appears on that list. The form for notifying 1307
affected permit holders shall require the petitioner to state the 1308
petitioner's name and street address and shall contain a statement 1309
that a petition is being circulated for an election for the 1310
submission of the question or questions specified in section 1311
Am. Sub. H. B. No. 402 Page 43
CORRECTED VERSION As Passed by the Senate
4301.353 or 4301.354 of the Revised Code. The form shall require 1312
the petitioner to state the question or questions to be submitted 1313
as they appear on the petition. 1314
The petitioner shall attach a copy of the list provided by 1315
the division to each petition paper. A part petition paper 1316
circulated at any time without the list of affected permit holders 1317
attached to it is invalid. 1318
At the time the petitioner files the petition with the board 1319
of elections, the petitioner shall provide to the board the list 1320
supplied by the division and an affidavit certifying that the 1321
petitioner notified all affected permit holders, if any, on the 1322
list in the manner and within the time required in this section 1323
and that, at the time each signer of the petition affixed the 1324
signer's signature to the petition, the petition paper contained a 1325
copy of the list of affected permit holders. 1326
Within five days after receiving a petition calling for an 1327
election for the submission of one or more of the questions 1328
specified in section 4301.353 or 4301.354 of the Revised Code, the 1329
board shall give notice by certified mail that it has received the 1330
petition to all liquor permit holders, if any, whose names appear 1331
on the list of affected permit holders filed by the petitioner as 1332
furnished by the division. Failure of the petitioner to supply the 1333
affidavit required by this section and a complete and accurate 1334
list of liquor permit holders as furnished by the division 1335
invalidates the entire petition. The board of elections shall 1336
provide to a permit holder who would be affected by a proposed 1337
local option election, on the permit holder's request, the names 1338
of the streets, and, if appropriate, the address numbers of 1339
residences and business establishments within the portion of the 1340
precinct or residence district that would be affected by the 1341
results of the election. The board may charge a reasonable fee for 1342
this information when provided to the petitioner and the permit 1343
Am. Sub. H. B. No. 402 Page 44
CORRECTED VERSION As Passed by the Senate
holder. 1344
This division does not apply to an election held under 1345
section 4301.353 or 4301.354 of the Revised Code if the results of 1346
the election would not affect any permit holder. 1347
(B) Upon the presentation of a petition, not later than four 1348
p.m. of the seventy-fifth day before the day of a general or 1349
primary election, to the board of elections of the county where 1350
the precinct or residence district is located, designating whether 1351
it is a petition for an election for the submission of one or both 1352
of the questions specified in section 4301.353 of the Revised 1353
Code, or a petition for the submission of one or more of the 1354
questions specified in section 4301.354 of the Revised Code, 1355
designating the particular question or questions specified in 1356
section 4301.353 or 4301.354 of the Revised Code that are to be 1357
submitted, and signed by the qualified electors of the precinct or 1358
residence district concerned, equal in number to thirty-five per 1359
cent of the total number of votes cast in the precinct or 1360
residence district concerned for the office of governor at the 1361
preceding general election for that office, in the case of an 1362
election within a single precinct, or equal in number to 1363
fifty-five per cent of the total number of votes cast in the 1364
residence district concerned for the office of governor at the 1365
preceding general election for that office, in the case of an 1366
election within a residence district, the board shall submit the 1367
question or questions specified in the petition to the electors of 1368
the precinct or residence district concerned, on the day of the 1369
next general or primary election, whichever occurs first and shall 1370
proceed as follows: 1371
(1) Such board shall, not later than the sixty-sixth day 1372
before the day of the election for which the question or questions 1373
on the petition would qualify for submission to the electors of 1374
the precinct or residence district, examine and determine the 1375
Am. Sub. H. B. No. 402 Page 45
CORRECTED VERSION As Passed by the Senate
sufficiency of the signatures and review, examine, and determine 1376
the validity of the petition and, in case of overlapping residence 1377
district petitions or overlapping precinct and residence district 1378
petitions presented within that period, determine which of the 1379
petitions shall govern the further proceedings of the board. In 1380
the case where the board determines that two or more overlapping 1381
petitions are valid, the earlier filed petition shall govern. The 1382
board shall certify the sufficiency and validity of any petition 1383
determined to be valid. The board shall determine the validity of 1384
the petition as of the time of certification as described in this 1385
division. 1386
(2) If a petition is sufficient, and, in case of overlapping 1387
residence district petitions or overlapping precinct and residence 1388
district petitions, after the board has determined the governing 1389
petition, the board to which the petition has been presented shall 1390
order the holding of a special election in the precinct or 1391
residence district for the submission of whichever of the 1392
questions specified in section 4301.353 or 4301.354 of the Revised 1393
Code are designated in the petition, on the day of the next 1394
general or primary election, whichever occurs first. 1395
(C) All petitions filed with a board of elections under this 1396
section shall be open to public inspection under rules adopted by 1397
the board. 1398
(D) Protest against local option petitions may be filed by 1399
any elector eligible to vote on the question or questions 1400
described in the petitions or by a permit holder in the precinct 1401
or residence district as described in the petitions, not later 1402
than four p.m. of the sixty-fourth day before the day of the 1403
general or primary election for which the petition qualified. The 1404
protest shall be in writing and shall be filed with the election 1405
officials with whom the petition was filed. Upon filing of the 1406
protest, the election officials with whom it is filed shall 1407
Am. Sub. H. B. No. 402 Page 46
CORRECTED VERSION As Passed by the Senate
promptly fix the time for hearing it, and shall mail notice of the 1408
filing of the protest and the time and place for hearing it to the 1409
person who filed the petition and to the person who filed the 1410
protest. At the time and place fixed, the election officials shall 1411
hear the protest and determine the validity of the petition. 1412
Sec. 4301.333. (A) The privilege of local option conferred by 1413
section 4301.323 of the Revised Code may be exercised if, not 1414
later than four p.m. of the seventy-fifth day before the day of a 1415
general or primary election, a petition is presented to the board 1416
of elections of the county in which the precinct is situated by a 1417
petitioner who is one of the following: 1418
(1) An applicant for the issuance or transfer of a liquor 1419
permit at, or to, a particular location within the precinct; 1420
(2) The holder of a liquor permit at a particular location 1421
within the precinct; 1422
(3) A person who operates or seeks to operate a liquor agency 1423
store at a particular location within the precinct; 1424
(4) The designated agent for an applicant, liquor permit 1425
holder, or liquor agency store described in division (A)(1), (2), 1426
or (3) of this section. 1427
(B) The petition shall be signed by the electors of the 1428
precinct equal in number to at least thirty-five per cent of the 1429
total number of votes cast in the precinct for the office of 1430
governor at the preceding general election of that office and 1431
shall contain all of the following: 1432
(1) A notice that the petition is for the submission of the 1433
question or questions set forth in section 4301.353 of the Revised 1434
Code; 1435
(2) The name of the applicant for the issuance or transfer, 1436
or the holder, of the liquor permit or, if applicable, the name of 1437
Am. Sub. H. B. No. 402 Page 47
CORRECTED VERSION As Passed by the Senate
the liquor agency store, including any trade or fictitious names 1438
under which the applicant or holder or liquor agency store either 1439
intends to or does do business at the particular location; 1440
(3) If the petitioner is the designated agent of the 1441
applicant, liquor holder, or liquor agency store, written evidence 1442
of the designation of the agent by the applicant, liquor permit 1443
holder, or liquor agency store for the purpose of petitioning for 1444
the local option election; 1445
(4) The address and proposed use of the particular location 1446
within the election precinct to which the results of the question 1447
or questions specified in section 4301.355 of the Revised Code 1448
shall apply. For purposes of this division, "use" means all of the 1449
following: 1450
(a) The type of each liquor permit applied for by the 1451
applicant or held by the liquor permit holder as described in 1452
sections 4303.11 to 4303.183 of the Revised Code, including a 1453
description of the type of beer or intoxicating liquor sales 1454
authorized by each permit as provided in those sections; 1455
(b) If a liquor agency store, the fact that the business 1456
operated as a liquor agency store authorized to operate by the 1457
state of Ohio; 1458
(c) A description of the general nature of the business of 1459
the applicant, liquor permit holder, or liquor agency store. 1460
(5) An affidavit signed by the petitioner stating the 1461
proposed use of the location following the election held to 1462
authorize the sale of beer and intoxicating liquor. 1463
(C) Not later than the sixty-sixth day before the day of the 1464
next general or primary election, whichever occurs first, the 1465
board shall examine and determine the sufficiency of the 1466
signatures and the validity of the petition. If the board finds 1467
that the petition contains sufficient signatures and in other 1468
Am. Sub. H. B. No. 402 Page 48
CORRECTED VERSION As Passed by the Senate
respects is valid, it shall order the holding of an election in 1469
the precinct on the day of the next general or primary election, 1470
whichever occurs first, for the submission of the question or 1471
questions set forth in section 4301.355 of the Revised Code. 1472
(D) A petition filed with the board of elections under this 1473
section shall be open to public inspection under rules adopted by 1474
the board. 1475
(E) An elector who is eligible to vote on the question or 1476
questions set forth in section 4301.355 of the Revised Code may 1477
file, not later than four p.m. of the sixty-fourth day before the 1478
day of the election at which the question or questions will be 1479
submitted to the electors, a protest against a local option 1480
petition circulated and filed pursuant to this section. The 1481
protest shall be in writing and shall be filed with the election 1482
officials with whom the petition was filed. Upon the filing of the 1483
protest, the election officials with whom it is filed shall 1484
promptly establish a time and place for hearing the protest and 1485
shall mail notice of the time and place for the hearing to the 1486
applicant for, or the holder of, the liquor permit who is 1487
specified in the petition and to the elector who filed the 1488
protest. At the time and place established in the notice, the 1489
election officials shall hear the protest and determine the 1490
validity of the petition. 1491
Sec. 4301.334. (A) The privilege of local option conferred by 1492
section 4301.324 Of the Revised Code may be exercised if, not 1493
later than four p.m. of the seventy-fifth day before the day of a 1494
general or primary election, a petition and other information 1495
required by division (B) of this section are presented to the 1496
board of elections of the county in which the community facility 1497
named in the petition is located. The petition shall be signed by 1498
electors of the election precinct or precincts in which the 1499
community facility is located equal in number to at least 1500
Am. Sub. H. B. No. 402 Page 49
CORRECTED VERSION As Passed by the Senate
thirty-five per cent of the total number of votes cast in the 1501
precinct or precincts in which the community facility is located 1502
for the office of governor at the most recent general election for 1503
that office and shall contain both of the following: 1504
(1) A notice that the petition is for the submission of the 1505
question set forth in section 4301.356 Of the Revised Code; 1506
(2) The name and address of the community facility for which 1507
the local option election is sought and, if the community facility 1508
is a community entertainment district, the boundaries of the 1509
district. 1510
(B) Upon the request of a petitioner, a board of elections of 1511
a county shall furnish to the petitioner a copy of the 1512
instructions prepared by the secretary of state under division (P) 1513
of section 3501.05 Of the Revised Code and, within fifteen days 1514
after the request, a certificate indicating the number of valid 1515
signatures that will be required on a petition to hold an election 1516
in the municipal corporation or unincorporated area of the 1517
township in which the community facility is located on the 1518
question specified in section 4301.356 Of the Revised Code. 1519
The petitioner shall, not less than thirty days before the 1520
petition-filing deadline for an election on the question specified 1521
in section 4301.356 Of the Revised Code, specify to the division 1522
of liquor control the name and address of the community facility 1523
for which the election is sought and, if the community facility is 1524
a community entertainment district, the boundaries of the 1525
district, the municipal corporation or unincorporated area of a 1526
township in which the election is sought, and the filing deadline. 1527
the division shall, within a reasonable period of time and not 1528
later than ten days before the filing deadline, supply the 1529
petitioner with the name and address of any permit holder for or 1530
within the community facility. 1531
Am. Sub. H. B. No. 402 Page 50
CORRECTED VERSION As Passed by the Senate
The petitioner shall file the name and address of any permit 1532
holder who would be affected by the election at the time the 1533
petitioner files the petition with the board of elections. Within 1534
five days after receiving the petition, the board shall give 1535
notice by certified mail to any permit holder within the community 1536
facility that it has received the petition. Failure of the 1537
petitioner to supply the name and address of any permit holder for 1538
or within the community facility as furnished to the petitioner by 1539
the division invalidates the petition. 1540
(C) Not later than the sixty-sixth day before the day of the 1541
next general or primary election, whichever occurs first, the 1542
board shall examine and determine the sufficiency of the 1543
signatures on the petition. If the board finds that the petition 1544
is valid, it shall order the holding of an election in the 1545
municipal corporation or unincorporated area of a township on the 1546
day of the next general or primary election, whichever occurs 1547
first, for the submission of the question set forth in section 1548
4301.356 Of the Revised Code. 1549
(D) A petition filed with a board of elections under this 1550
section shall be open to public inspection under rules adopted by 1551
the board. 1552
(E) An elector who is eligible to vote on the question set 1553
forth in section 4301.356 Of the Revised Code or any permit holder 1554
for or within the community facility may, not later than four p.m. 1555
of the sixty-fourth day before the day of the election at which 1556
the question will be submitted to the electors, file a written 1557
protest against the local option petition with the board of 1558
elections with which the petition was filed. Upon the filing of 1559
the protest, the board shall promptly fix a time and place for 1560
hearing the protest, and shall mail notice of the time and place 1561
to the person who filed the petition and to the person who filed 1562
the protest. At the time and place fixed, the board shall hear the 1563
Am. Sub. H. B. No. 402 Page 51
CORRECTED VERSION As Passed by the Senate
protest and determine the validity of the petition. 1564
Sec. 4301.34. The petition provided for in section 4301.33, 1565
4301.331, or 4301.332, 4301.333, or 4301.334 of the Revised Code 1566
may consist of one or more separate petition papers. Petitions and 1567
shall be governed by the rules set forth in section 3501.38 of the 1568
Revised Code. 1569
Sec. 4301.35. If a petition is for submission of one or more 1570
of the questions specified under this section, a special election 1571
shall be held in the precinct or residence district at the time 1572
fixed as provided in section 4301.33 of the Revised Code. The 1573
expenses of holding the election shall be charged to the municipal 1574
corporation or township of which the precinct or residence 1575
district is a part. 1576
At the election any one or more of the following questions, 1577
as designated in a valid petition, shall be submitted to the 1578
electors of the precinct: 1579
(A) "Shall the sale of wine and mixed beverages by the 1580
package, under permits which authorize sale for off-premise 1581
consumption only, be permitted in .......... .........?" 1582
(B) "Shall the sale of wine and mixed beverages, under 1583
permits which authorize sale for on-premise consumption only, and 1584
under permits which authorize sale for both on-premise and 1585
off-premise consumption, be permitted in .......?" 1586
(C) "Shall the sale of spirituous liquors by the glass be 1587
permitted in .......... .........?" 1588
(D) "Shall state liquor stores or liquor agency stores for 1589
the sale of spirituous liquor by the package, for consumption off 1590
the premises where sold, be permitted in .......... ........?" 1591
The board of elections to which a petition is presented shall 1592
Am. Sub. H. B. No. 402 Page 52
CORRECTED VERSION As Passed by the Senate
furnish printed ballots at the election in accordance with section 1593
3505.06 of the Revised Code, and separate ballots shall be used 1594
for the special election. All the questions designated in a valid 1595
petition or overlapping petitions containing one or more questions 1596
to be set forth on the ballot shall be set forth on each ballot 1597
and the board shall insert in each question the name or an 1598
accurate description of the precinct or residence district in 1599
which the election is to be held. Votes shall be cast as provided 1600
in section 3505.06 of the Revised Code. 1601
Sec. 4301.351. If a petition is for submission of the 1602
question of whether the sale of intoxicating liquor shall be 1603
permitted on Sunday, a special election shall be held in the 1604
precinct or residence district at the time fixed as provided in 1605
section 4301.33 of the Revised Code. The expenses of holding the 1606
election shall be charged to the municipal corporation or township 1607
of which the precinct or residence district is a part. 1608
At the election one or more of the following questions, as 1609
designated in a valid petition, shall be submitted to the electors 1610
of the precinct or residence district: 1611
(A) "Shall the sale of intoxicating liquor, of the same types 1612
as may be legally sold in this (precinct) (district) on other days 1613
of the week, be permitted in this ........ for consumption on the 1614
premises where sold, between the hours of one p.m. and midnight on 1615
Sunday?" 1616
(B) "Shall the sale of intoxicating liquor, of the same types 1617
as may be legally sold in this (precinct) (district) on other days 1618
of the week, be permitted in this ........ for consumption on the 1619
premises where sold, between the hours of one p.m. and midnight on 1620
Sunday, at licensed premises where the sale of food and other 1621
goods and services exceeds fifty per cent of the total gross 1622
receipts of the permit holder at the premises?" 1623
Am. Sub. H. B. No. 402 Page 53
CORRECTED VERSION As Passed by the Senate
(C) "Shall the sale of wine and mixed beverages of the same 1624
types as may be legally sold in this (precinct) (district) on 1625
other days of the week, be permitted in this ........ for 1626
consumption off the premises where sold, between the hours of one 1627
p.m. and midnight on Sunday?" 1628
No C or D permit holder who first applied for such a permit 1629
after April 15, 1982, shall sell beer on Sunday unless the sale of 1630
intoxicating liquor is authorized in the precinct or residence 1631
district or portion thereof at an election on question (A), (B), 1632
or (C) of this section or at an election on question (A), (B), or 1633
(C) of section 4301.354 of the Revised Code, whichever question or 1634
questions are appropriate. No D-6 permit is required for the sale 1635
of beer on Sunday. 1636
The board of elections to which the petition is presented 1637
shall furnish printed ballots at the election in accordance with 1638
section 3505.06 of the Revised Code, and separate ballots shall be 1639
used for the special election. One or more of the questions 1640
prescribed by this section, as designated in the petition, shall 1641
be set forth on each ballot and the board shall insert in each 1642
question the name or an accurate description of the precinct or 1643
residence district in which the election is to be held. Votes 1644
shall be cast as provided in section 3505.06 of the Revised Code. 1645
Sec. 4301.352. If a petition is filed under section 4301.331 1646
of the Revised Code for the submission of the question set forth 1647
in this section, a special an election shall be held in the 1648
precinct as ordered by the board of elections under that section. 1649
The expense of holding the special election shall be charged to 1650
the municipal corporation or township of which the precinct is a 1651
part. At the special that election the following question shall be 1652
submitted to the electors of the precinct: 1653
"Shall the sale of .......... .......... (insert a brief 1654
Am. Sub. H. B. No. 402 Page 54
CORRECTED VERSION As Passed by the Senate
categorical description of the appropriate beverage) ......... 1655
.......... by.......... .......... (insert the permit holder's 1656
personal or corporate name, and if it is different from the permit 1657
holder's personal or corporate name, the name of the permit 1658
holder's business) .......... .......... .. beer and intoxicating 1659
liquor at........... ......... (insert the address of the permit 1660
premises) .......... .........., which was adjudged to be a 1661
nuisance to the public by (insert the name of the court, including 1662
the name of the political subdivision of the court, issuing such 1663
judgment) ......... ... on (the date the judgment was issued by 1664
the court) .......... be permitted in this precinct?" 1665
The board of elections shall furnish printed ballots at the 1666
special election described in this section as provided under 1667
section 3505.06 of the Revised Code, except that a separate ballot 1668
shall be used for the special this election. The question set 1669
forth in this section shall be printed on each ballot and the 1670
board shall insert in the question appropriate words to complete 1671
the question. Votes shall be cast as provided under section 1672
3505.06 of the Revised Code. 1673
Sec. 4301.353. If a petition is filed under section 4301.332 1674
of the Revised Code for the submission of the one or more 1675
questions set forth in this section, a special election shall be 1676
held in the precinct or residence district as ordered by the board 1677
of elections under that section. The expense of holding the 1678
special election shall be charged to the municipal corporation or 1679
township of which the precinct or residence district is a part. 1680
At the election, one or both of the following questions as 1681
designated in a valid petition shall be submitted to the electors 1682
of the precinct or residence district concerning sales on days of 1683
the week other than Sunday: 1684
(A) "Shall the sales of (insert one or both of the following: 1685
Am. Sub. H. B. No. 402 Page 55
CORRECTED VERSION As Passed by the Senate
beer, or wine and mixed beverages) by the package, under permits 1686
that authorize sale for off-premises consumption only, be 1687
permitted in a portion of this (precinct) (district) in which the 1688
status of the sale of (insert one or both of the following: beer, 1689
or wine and mixed beverages) as allowed or prohibited is 1690
inconsistent with the status of such sale in the remainder of the 1691
(precinct) (district)?" 1692
(B) "Shall the sale of (insert one or more of the following: 1693
beer, wine and mixed beverages, or spirituous liquor), under 1694
permits that authorize sale for on-premises consumption only, and 1695
under permits that authorize sale for both on-premises and 1696
off-premises consumption, be permitted in a portion of this 1697
(precinct) (district) in which the status of the sale of (insert 1698
one or more of the following: beer, wine and mixed beverages, or 1699
spirituous liquor) as allowed or prohibited is inconsistent with 1700
the status of such sale in the remainder of the (precinct) 1701
(district)?" 1702
The board of elections shall furnish printed ballots at the 1703
special election as provided under section 3505.06 of the Revised 1704
Code, except that a separate ballot shall be used for the special 1705
election. One or both of the questions set forth in this section 1706
shall be printed on each ballot and the board shall insert in the 1707
question and statement appropriate words to complete each and a 1708
description of the portion of the precinct or residence district 1709
that would be affected by the results of the election. 1710
The description of the portion of the precinct or residence 1711
district shall include either the complete listing of street 1712
addresses in that portion or a condensed text that accurately 1713
describes the boundaries of the portion of the precinct or 1714
residence district by street name or by another name generally 1715
known by the residents of the portion of the precinct or residence 1716
district. If other than a full street listing is used, the full 1717
Am. Sub. H. B. No. 402 Page 56
CORRECTED VERSION As Passed by the Senate
street listing also shall be posted in each polling place in a 1718
location that is easily accessible to all voters. Failure of the 1719
board of elections to completely and accurately list all street 1720
addresses in the affected area of the precinct or residence 1721
district does not affect the validity of the election at which the 1722
failure occurred and is not grounds for contesting an election 1723
under section 3515.08 of the Revised Code. Votes shall be cast as 1724
provided under section 3505.06 of the Revised Code. 1725
Sec. 4301.354. If a petition is filed under section 4301.332 1726
of the Revised Code for the submission of the one or more 1727
questions set forth in this section, a special election shall be 1728
held in the precinct or residence district as ordered by the board 1729
of elections under that section. The expense of holding the 1730
special election shall be charged to the municipal corporation or 1731
township of which the precinct or residence district is a part. 1732
At the election, one or more of the following questions as 1733
designated in a valid petition shall be submitted to the electors 1734
of the (precinct) (district) concerning Sunday sales: 1735
(A) "Shall the sale of intoxicating liquor be permitted in a 1736
portion of this (precinct) (district) between the hours of one 1737
p.m. and midnight on Sunday for consumption on the premises where 1738
sold, where the status of such Sunday sales as allowed or 1739
prohibited is inconsistent with the status of such Sunday sales in 1740
the remainder of the (precinct) (district)?" 1741
(B) "Shall the sale of intoxicating liquor be permitted in a 1742
portion of this (precinct) (district) between the hours of one 1743
p.m. and midnight on Sunday for consumption on the premises where 1744
sold at licensed premises where the sale of food and other goods 1745
exceeds fifty per cent of the total gross receipts of the permit 1746
holder at the premises, where the status of such Sunday sales as 1747
allowed or prohibited is inconsistent with the status of such 1748
Am. Sub. H. B. No. 402 Page 57
CORRECTED VERSION As Passed by the Senate
Sunday sales in the remainder of the (precinct) (district)?" 1749
(C) "Shall the sale of wine and mixed beverages be permitted 1750
in a portion of this (precinct) (district) between the hours of 1751
one p.m. and midnight on Sunday for consumption off the premises 1752
where sold, where the status of such Sunday sales as allowed or 1753
prohibited is inconsistent with the status of such Sunday sales in 1754
the remainder of the (precinct) (district)?" 1755
The board of elections shall furnish printed ballots at the 1756
special election as provided under section 3505.06 of the Revised 1757
Code, except that a separate ballot shall be used for the special 1758
election. The one or more questions set forth in this section 1759
shall be printed on each ballot and the board shall insert in the 1760
question and statement appropriate words to complete each and a 1761
description of the portion of the precinct or residence district 1762
that would be affected by the results of the election. 1763
The description of the portion of the precinct or residence 1764
district shall include either the complete listing of street 1765
addresses in that portion or a condensed text that accurately 1766
describes the boundaries of the portion of the precinct or 1767
residence district by street name or by another name generally 1768
known by the residents of the portion of the precinct or residence 1769
district. If other than a full street listing is used, the full 1770
street listing also shall be posted in each polling place in a 1771
location that is easily accessible to all voters. Failure of the 1772
board of elections to completely and accurately list all street 1773
addresses in the affected area of the precinct or residence 1774
district does not affect the validity of the election at which the 1775
failure occurred and is not grounds for contesting an election 1776
under section 3515.08 of the Revised Code. Votes shall be cast as 1777
provided under section 3505.06 of the Revised Code. 1778
Sec. 4301.355. (A) If a petition is filed under section 1779
4301.333 of the Revised Code for the submission of the question or 1780
Am. Sub. H. B. No. 402 Page 58
CORRECTED VERSION As Passed by the Senate
questions set forth in this section, it shall be held in the 1781
precinct as ordered by the board of elections under that section. 1782
The expense of holding the election shall be charged to the 1783
municipal corporation or township of which the precinct is a part. 1784
(B) At the election, one or more of the following questions, 1785
as designated in a valid petition, shall be submitted to the 1786
electors of the precinct: 1787
(1) "Shall the sale of beer and any intoxicating liquor be 1788
permitted by.......(Insert name of applicant, liquor permit 1789
holder, or liquor agency store, including trade or fictitious name 1790
under which applicant for, or holder of, liquor permit or liquor 1791
agency store either intends to, or does, do business at the 1792
particular location), an ......... (insert "applicant for" or 1793
"holder of" or "operator of") a ........(insert class name of 1794
liquor permit or permits followed by the words "liquor permit(s)" 1795
or, if appropriate, the words "liquor agency store for the State 1796
of Ohio"), who is engaged in the business of .......(insert 1797
general nature of the business in which applicant or liquor permit 1798
holder is engaged or to be engaged at the particular location, as 1799
described in the petition) at .......... ....(Insert address of 1800
the particular location within the precinct as set forth in the 1801
petition) in this precinct?" 1802
(2) "Shall the sale of beer and intoxicating liquor be 1803
permitted for sale on Sunday by ........ (insert name of 1804
applicant, liquor permit holder, or liquor agency store, including 1805
trade or fictitious name under which applicant for, or holder of, 1806
liquor permit or liquor agency store either intends to, or does, 1807
do business at the particular location), an ......(insert 1808
"applicant for a D-6 liquor permit," "holder of a D-6 liquor 1809
permit," or "liquor agency store") who is engaged in the business 1810
of ..........(insert general nature of the business in which 1811
applicant or liquor permit holder is engaged or to be engaged at 1812
Am. Sub. H. B. No. 402 Page 59
CORRECTED VERSION As Passed by the Senate
the particular location, as described in the petition) at......... 1813
(Insert address of the particular location within the precinct) in 1814
this precinct?" 1815
If the sale of beer and intoxicating liquor has been approved 1816
at a particular location within the precinct at a previous 1817
election held under section 4301.355 of the Revised Code, the 1818
ballot also shall include the following statement: 1819
"AT a previous election held under section 4301.355 of the 1820
REvised Code, the electors approved the sale of beer and 1821
intoxicating liquor at........(insert business name and address of 1822
the particular location or locations within the precinct where 1823
such sale has been approved at a previous election under section 1824
4301.355 of the Revised Code)." 1825
The board of elections shall furnish printed ballots at the 1826
election as provided under section 3505.06 of the REvised Code, 1827
except that a separate ballot shall be used for the election under 1828
section 4301.355 Of the Revised Code. The question and, if 1829
applicable, the statement set forth in this section shall be 1830
printed on each ballot and the board shall insert in the question 1831
and statement appropriate words to complete each. Votes shall be 1832
cast as provided under section 3505.06 of the Revised Code. 1833
Sec. 4301.356. If a petition is filed under section 4301.334 1834
Of the Revised Code for the submission of the question set forth 1835
in this section, an election shall be held in the municipal 1836
corporation or unincorporated area of a township as ordered by the 1837
board of elections under that section. 1838
Except as otherwise provided in this section, if the 1839
legislative authority of a municipal corporation in whose 1840
territory, or the board of township trustees of a township in 1841
whose unincorporated area, a community facility is located 1842
submits, not later than four p.m. of the seventy-fifth day before 1843
Am. Sub. H. B. No. 402 Page 60
CORRECTED VERSION As Passed by the Senate
the day of a primary or general election, to the board of 1844
elections of the county in which the community facility is located 1845
an ordinance or resolution requesting the submission of the 1846
question set forth in this section to the electors of the 1847
municipal corporation or unincorporated area of the township, the 1848
board of elections shall order that an election be held on that 1849
question in the municipal corporation or the unincorporated area 1850
of the township on the day of the next primary or general 1851
election, whichever occurs first. The legislative authority or 1852
board of township trustees shall submit the name and address of 1853
any permit holder who would be affected by the results of the 1854
election to the board of elections at the same time it submits the 1855
ordinance or resolution. The board of elections, within five days 1856
after receiving the name and address, shall give notice by 1857
certified mail to each permit holder that it has received the 1858
ordinance or resolution. Failure of the legislative authority or 1859
board of township trustees to supply the name and address of each 1860
permit holder to the board of elections invalidates the effect of 1861
the ordinance or resolution. 1862
At the election the following question shall be submitted to 1863
the electors of the municipal corporation or unincorporated area 1864
of a township: 1865
"Shall the sale of beer and intoxicating liquor be permitted 1866
on days of the week other than Sunday and between the hours of one 1867
p.m. and midnight on Sunday, at .......... (insert name of 1868
community facility), a community facility as defined by section 1869
4301.01 Of the Revised Code, and located at ........ (insert the 1870
address of the community facility and, if the community facility 1871
is a community entertainment district, the boundaries of the 1872
district, as set forth in the petition)?" 1873
The board of elections shall furnish printed ballots at the 1874
election as provided under section 3505.06 Of the Revised Code, 1875
Am. Sub. H. B. No. 402 Page 61
CORRECTED VERSION As Passed by the Senate
except that a separate ballot shall be used for the election. The 1876
question set forth in this section shall be printed on each ballot 1877
and the board shall insert in the question appropriate words to 1878
complete each, subject to the approval of the secretary of state. 1879
Votes shall be cast as provided under section 3505.06 Of the 1880
Revised Code. 1881
Sec. 4301.36. If a majority of the electors voting in a 1882
precinct or residence district vote "yes" on question (A), (B), or 1883
(C) as set forth in section 4301.35 of the Revised Code, the sales 1884
specified in such one or more of the questions on which a majority 1885
of the electors voting in such precinct or residence district 1886
voted "yes" shall be subject in the precinct or residence district 1887
only to Chapters 4301. and 4303. of the Revised Code. 1888
If a majority of the electors voting in such precinct or 1889
residence district vote "no" on question (A), (B), or (C) set 1890
forth in section 4301.35 of the Revised Code, no C or D permit 1891
holder shall sell intoxicating liquor of the kind or in the manner 1892
specified in such one or more of the questions on which a majority 1893
of the electors voting in the precinct or residence district voted 1894
"no," within the precinct or residence district concerned, during 1895
the period such election is in effect as defined in section 1896
4301.37 of the Revised Code. 1897
If a majority of the electors voting in such precinct or 1898
residence district vote "no" on question (D) as set forth in 1899
section 4301.35 of the Revised Code, all state liquor stores in 1900
the precinct or residence district shall be forthwith closed and, 1901
during the period the vote is in effect, as defined in section 1902
4301.37 of the Revised Code, no state liquor store shall be opened 1903
in that precinct or residence district. 1904
Sec. 4301.361. If a majority of the electors voting on 1905
Am. Sub. H. B. No. 402 Page 62
CORRECTED VERSION As Passed by the Senate
questions set forth in section 4301.351 of the Revised Code in a 1906
precinct or residence district vote "yes" on question (A), or, if 1907
both questions (A) and (B) are submitted, "yes" on both questions 1908
or "yes" on question (A) but "no" on question (B), sales of 1909
intoxicating liquor shall be allowed in the manner and under the 1910
conditions specified in question (A), under a D-6 permit, within 1911
the precinct or residence district concerned, during the period 1912
the election is in effect as defined in section 4301.37 of the 1913
Revised Code. 1914
If only question (B) is submitted to the voters or if 1915
questions (B) and (C) are submitted and a majority of the electors 1916
voting in a precinct or residence district vote "yes" on question 1917
(B) as set forth in section 4301.351 of the Revised Code, sales of 1918
intoxicating liquor shall be allowed in the manner and under the 1919
conditions specified in question (B), under a D-6 permit, within 1920
the precinct or residence district concerned, during the period 1921
the election is in effect as defined in section 4301.37 of the 1922
Revised Code, even if question (A) was also submitted and a 1923
majority of the electors voting in the precinct or residence 1924
district voted "no." 1925
If question (C) is submitted and a majority of electors 1926
voting on the question (C) set forth in section 4301.351 of the 1927
Revised Code in a precinct or residence district vote "yes," sales 1928
of wine and mixed beverages shall be allowed in the manner and 1929
under the conditions specified in question (C), under a D-6 1930
permit, within the precinct or residence district concerned, 1931
during the period the election is in effect as defined in section 1932
4301.37 of the Revised Code. 1933
If questions (A), (B), and (C), as set forth in section 1934
4301.351 of the Revised Code, are all submitted and a majority of 1935
the electors voting in such precinct or residence district vote 1936
Am. Sub. H. B. No. 402 Page 63
CORRECTED VERSION As Passed by the Senate
"no" on all three questions, no sales of intoxicating liquor shall 1937
be made within the precinct or residence district concerned after 1938
two-thirty a.m. on Sunday, during the period the election is in 1939
effect as defined in section 4301.37 of the Revised Code. 1940
Sec. 4301.362. If a majority of the electors voting on the 1941
question set forth in section 4301.352 of the Revised Code vote 1942
"yes," the sale of beer or intoxicating liquor by a class C or D 1943
permit holder at the specified premises shall only be subject to 1944
Chapters 4301. and 4303. of the Revised Code. 1945
If a majority of the electors voting on the question set 1946
forth in section 4301.352 of the Revised Code vote "no," the board 1947
of elections shall notify the division of liquor control of the 1948
final result of the election by certified mail. When the division 1949
receives notice of the final result of the election, it shall 1950
cancel and pick up the permit holder's permit within seven days. 1951
The results of a local option election that is held in a 1952
precinct pursuant to section 4301.352 of the Revised Code shall 1953
not affect the results of a local option election that is held in 1954
the same precinct under section 4301.35, 4301.351, 4301.353, 1955
4301.354, 4303.29, or 4305.14 of the Revised Code. 1956
Sec. 4301.363. (A) If a majority of the electors in a 1957
precinct or residence district vote "yes" on question (A) as set 1958
forth in section 4301.353 of the Revised Code, the sale of beer, 1959
or wine and mixed beverages, as specified in the question shall be 1960
permitted in the portion of the precinct or residence district 1961
affected by the results of the election for sale by the package 1962
under permits that authorize the sale for off-premises consumption 1963
only, subject only to Chapters 4301. and 4303. of the Revised 1964
Code. 1965
(B) If a majority of the electors in a precinct or residence 1966
Am. Sub. H. B. No. 402 Page 64
CORRECTED VERSION As Passed by the Senate
district vote "yes" on question (B) as set forth in section 1967
4301.353 of the Revised Code, the sale of beer, wine and mixed 1968
beverages, or spirituous liquor as specified in the question shall 1969
be permitted in the portion of the precinct or residence district 1970
affected by the results of the election under permits that 1971
authorize the sale for on-premises consumption only, and under 1972
permits that authorize the sale for both on-premises and 1973
off-premises consumption, subject only to Chapters 4301. and 4303. 1974
of the Revised Code. 1975
(C) If a majority of the electors in a precinct or residence 1976
district vote "no" on question (A) as set forth in section 1977
4301.353 of the Revised Code, no sales of beer, or wine and mixed 1978
beverages, as specified in the question shall be permitted in the 1979
portion of the precinct or residence district affected by the 1980
results of the election. 1981
(D) If a majority of the electors in a precinct or residence 1982
district vote "no" on question (B) as set forth in section 1983
4301.353 of the Revised Code, no sales of beer, wine and mixed 1984
beverages, or spirituous liquor as specified in the question shall 1985
be permitted in the portion of the precinct or residence district 1986
affected by the results of the election. 1987
Sec. 4301.364. (A) If a majority of the electors in a 1988
precinct or residence district vote "yes" on question (A) as set 1989
forth in section 4301.354 of the Revised Code, the sale of 1990
intoxicating liquor, of the same types as may be legally sold in 1991
the precinct or residence district on other days of the week, 1992
shall be permitted in the portion of the precinct or residence 1993
district affected by the results of the election between the hours 1994
of one p.m. and midnight on Sunday for consumption on the premises 1995
where sold, subject only to Chapters 4301. and 4303. of the 1996
Revised Code. 1997
Am. Sub. H. B. No. 402 Page 65
CORRECTED VERSION As Passed by the Senate
(B) If a majority of the electors in a precinct or residence 1998
district vote "yes" on question (B) as set forth in section 1999
4301.354 of the Revised Code, the sale of intoxicating liquor, of 2000
the same types as may be legally sold in the precinct or residence 2001
district on other days of the week, shall be permitted in the 2002
portion of the precinct or residence district affected by the 2003
results of the election between the hours of one p.m. and midnight 2004
on Sunday for consumption on the premises where sold at licensed 2005
premises where the sale of food and other goods exceeds fifty per 2006
cent of the total gross receipts of the permit holder at the 2007
premises, subject only to Chapters 4301. and 4303. of the Revised 2008
Code. 2009
(C) If a majority of the electors in a precinct or residence 2010
district vote "yes" on question (C) as set forth in section 2011
4301.354 of the Revised Code, the sale of wine and mixed beverages 2012
shall be permitted in the portion of the precinct or residence 2013
district affected by the results of the election between the hours 2014
of one p.m. and midnight on Sunday for consumption off the 2015
premises where sold, subject only to Chapters 4301. and 4303. of 2016
the Revised Code. 2017
(D) If a majority of the electors in a precinct or residence 2018
district vote "no" on question (A) as set forth in section 2019
4301.354 of the Revised Code, no sale of intoxicating liquor shall 2020
be permitted between the hours of one p.m. and midnight on Sunday 2021
for consumption on the premises where sold in the portion of the 2022
precinct or residence district affected by the results of the 2023
election. 2024
(E) If a majority of the electors in a precinct or residence 2025
district vote "no" on question (B) as set forth in section 2026
4301.354 of the Revised Code, no sale of intoxicating liquor, 2027
shall be permitted between the hours of one p.m. and midnight on 2028
Sunday for consumption on the premises where sold at licensed 2029
Am. Sub. H. B. No. 402 Page 66
CORRECTED VERSION As Passed by the Senate
premises where the sale of food and other goods exceeds fifty per 2030
cent of the total gross receipts of the permit holder at the 2031
premises, in the portion of the precinct or residence district 2032
affected by the results of the election. 2033
(F) If a majority of the electors in a precinct or residence 2034
district vote "no" on question (C) as set forth in section 2035
4301.354 of the Revised Code, no sale of wine or mixed beverages 2036
shall be permitted between the hours of one p.m. and midnight on 2037
Sunday for consumption off the premises where sold in the portion 2038
of the precinct or residence district affected by the results of 2039
the election. 2040
Sec. 4301.365. (A) If a majority of the electors in a 2041
precinct vote "yes" on questions (B)(1) and (2), as set forth in 2042
section 4301.355 of the Revised Code, the sale OF beer and 2043
intoxicating liquor shall be allowed at the particular location 2044
and for the use specified in the question under each permit 2045
applied for by the petitioner or at the address listed for the 2046
liquor agency store subject only to Chapters 4301. and 4303. of 2047
the Revised Code. Failure to continue to use the particular 2048
location for any proposed or stated use set forth in the PETITION 2049
shall constitute good cause for the denial of a renewal of the 2050
liquor permit under division (A) of section 4303.271 of the 2051
Revised Code or cause for the NONRENEWAL or cancellation of the 2052
liquor agency store contract by the division of liquor control, 2053
except in the case where the liquor permit holder or liquor agency 2054
store decides to cease the sale of beer or intoxicating liquor on 2055
Sundays. 2056
(B) If a majority of the electors in a precinct vote "yes" on 2057
question (B)(1) and "no" on Question (B)(2) as set forth in 2058
section 4301.355 of the Revised Code, the sale of beer and 2059
intoxicating liquor shall be allowed at the particular location 2060
for the use specified in question (B)(1) of section 4301.355 of 2061
Am. Sub. H. B. No. 402 Page 67
CORRECTED VERSION As Passed by the Senate
the Revised Code and under each permit applied for by the 2062
petitioner, except for a D-6 permit, subject only to Chapters 2063
4301. and 4303. of the Revised Code. 2064
(C) If a majority of the electors in a precinct vote "no" on 2065
question (B)(1) as set forth in section 4301.355 of the Revised 2066
Code, no sales of beer or intoxicating liquor shall be allowed at 2067
the particular location for the use specified in the petition 2068
during the period the election is in effect as defined in section 2069
4301.37 OF the Revised Code. 2070
(D) If a majority of the electors in a precinct vote only on 2071
question (B)(2) as set forth in section 4301.355 of the Revised 2072
Code, and that vote results in a majority "yes" vote, sales of 2073
beer or intoxicating liquor shall be allowed at the particular 2074
location for the use specified in the petition on Sunday during 2075
the period the election is in effect as defined in section 4301.37 2076
of the Revised Code. 2077
(E) If a majority of the electors in a precinct vote only on 2078
question (B)(2) as set forth in section 4301.355 of the Revised 2079
Code, and that vote results in a majority "no" vote, no sales of 2080
beer or intoxicating liquor shall be allowed at the particular 2081
location for the use specified in the petition on Sunday during 2082
the period the election is in effect as defined in section 4301.37 2083
of the Revised Code. 2084
(F) In case of elections in the same precinct or overlapping 2085
precincts for the question or questions set forth in section 2086
4301.355 of the Revised Code and for a question or questions set 2087
forth in section 4301.35, 4301.351, 4303.29, or 4305.14 of the 2088
Revised Code, the results of the election held on the question or 2089
questions set forth in section 4301.355 of the Revised Code shall 2090
apply to the particular location notwithstanding the results of 2091
the election held on the question or questions set forth in 2092
section 4301.35, 4301.351, 4303.29, or 4305.14 of the Revised 2093
Am. Sub. H. B. No. 402 Page 68
CORRECTED VERSION As Passed by the Senate
Code. 2094
Sec. 4301.366. If a majority of the electors voting on the 2095
question specified in section 4301.356 Of the Revised Code vote 2096
"yes," the sale of beer and intoxicating liquor shall be allowed 2097
at the community facility and for the use specified in the 2098
question, subject only to this chapter and Chapter 4303. Of the 2099
Revised Code. Failure to continue to use the location as a 2100
community facility constitutes good cause for rejection of the 2101
renewal of the liquor permit under division (A) of section 2102
4303.271 Of the Revised Code. 2103
If a majority of the electors voting on the question 2104
specified in section 4301.356 Of the Revised Code vote "no," no 2105
sales of beer or intoxicating liquor shall be made at or within 2106
the community facility during the period the election is in effect 2107
as defined in section 4301.37 Of the Revised Code. 2108
Sec. 4301.37. (A) When a local option election, other than an 2109
election under section 4301.351, 4301.352, 4301.353, or 4301.354, 2110
4301.355, or 4301.356 of the Revised Code, is held in any precinct 2111
or residence district, except as provided in divisions (G) and (H) 2112
of section 4301.39 of the Revised Code, the result of the election 2113
shall be effective in the precinct or residence district until 2114
another election is called and held pursuant to sections 4301.32 2115
to 4301.36 of the Revised Code, but no such election shall be held 2116
in the precinct, residence district, or part of a residence 2117
district on the same question more than once in each two FOUR 2118
years. 2119
(B) When a local option election under section 4301.351 of 2120
the Revised Code is held in any precinct or residence district, 2121
except as provided in divisions (G) and (H) of section 4301.39 of 2122
the Revised Code, the result of the election shall be effective in 2123
the precinct or residence district until another election is 2124
Am. Sub. H. B. No. 402 Page 69
CORRECTED VERSION As Passed by the Senate
called and held pursuant to sections 4301.32 to 4301.361 of the 2125
Revised Code, but no such election shall be held under section 2126
4301.351 of the Revised Code in the precinct, residence district, 2127
or part of a residence district on the same question more than 2128
once in each two FOUR years. 2129
(C) When a local option election is held in a precinct under 2130
section 4301.352 of the Revised Code, and a majority of the 2131
electors voting on the question vote "yes," no subsequent local 2132
option election shall be held in the precinct upon the sale of 2133
beer or intoxicating liquor by the class C or D permit holder at 2134
the specified premises for a period of at least two FOUR calendar 2135
years from the date of the most recent local option election, 2136
except that this division shall not be construed to prohibit the 2137
holding or affect the results of a local option election under 2138
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 2139
of the Revised Code. 2140
(D) When a local option election is held in a precinct or 2141
residence district under section 4301.353 or 4301.354 of the 2142
Revised Code, except as provided in divisions (G) and (H) of 2143
section 4301.39 Of the Revised Code, the results of the election 2144
shall be effective until another election is held under that 2145
section on the same question, but no such election shall be held 2146
in a precinct or residence district under that section on the same 2147
question for a period of at least two FOUR years from the date of 2148
the most recent election on such question. This division shall not 2149
be construed to prohibit the future holding of, or affect the 2150
future results of, a local option election held under section 2151
4301.35, 4301.351, 4301.355, 4303.29, or 4305.14 of the Revised 2152
Code. 2153
(E) When a local option election is held in a precinct under 2154
section 4301.355 of the Revised Code, the results of that election 2155
shall be effective at the particular location designated in the 2156
Am. Sub. H. B. No. 402 Page 70
CORRECTED VERSION As Passed by the Senate
petition until another election is held pursuant to section 2157
4301.355 of the Revised Code, or until such time as an election is 2158
held pursuant to section 4301.352 of the Revised Code, but no 2159
election shall be held under section 4301.355 Of the Revised Code 2160
regarding the same use at that particular location for a period of 2161
at least four calendar years from the date of the most recent 2162
election on such question. The results of a local option election 2163
held in a precinct under section 4301.355 of the Revised Code 2164
shall not prohibit the holding of, and shall be affected by the 2165
results of, a local option election held under section 4301.35, 2166
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised 2167
Code. 2168
(F) When a local option election is held in a municipal 2169
corporation or unincorporated area of a township under section 2170
4301.356 Of the Revised Code, the results of the election shall be 2171
effective at the community facility that was the subject of the 2172
election until another such election is held regarding that 2173
community facility, but no such election shall be held for a 2174
period of at least four calendar years from the date of the 2175
election. The results of a local option election held in a 2176
municipal corporation or unincorporated area of a township under 2177
section 4301.356 Of the Revised Code shall not prohibit the 2178
holding of or affect or be affected by the results of a local 2179
option election held under section 4301.35, 4301.351, 4301.353, 2180
4301.354, 4303.29, or 4305.14 Of the Revised Code. 2181
(G) If a community facility is located in an election 2182
precinct in which a previous local option election in the precinct 2183
resulted in approval of the sale of beer or intoxicating liquor in 2184
the precinct, the community facility shall sell beer or 2185
intoxicating liquor only to the extent permitted by the previous 2186
local option election until an election is held pursuant to 2187
section 4301.356 Of the Revised Code. 2188
Am. Sub. H. B. No. 402 Page 71
CORRECTED VERSION As Passed by the Senate
(H) A community facility shall not be affected by a local 2189
option election held on or after the effective date of this 2190
amendment unless the election is held under section 4301.356 Of 2191
the Revised Code. 2192
Sec. 4301.39. (A) When the board of elections of any county 2193
determines that a petition for a local option election, presented 2194
pursuant to section 4301.33, 4301.331, 4301.332, 4301.333, 2195
4303.29, or 4305.14 of the Revised Code is sufficient, it shall 2196
forthwith, by mail, notify the division of liquor control of the 2197
fact that such a petition has been filed and approved by it. Upon 2198
the determination of the results of any such election, the board 2199
shall forthwith notify the division by mail of the result and 2200
shall forward with the notice a plat of the precinct or residence 2201
district in which the election was held and, if applicable, shall 2202
separately identify the portion of the precinct or residence 2203
district affected by the election. 2204
(B) On the plat of a precinct or residence district, 2205
forwarded with the results of an election that was held under 2206
section 4301.35, 4301.351, 4301.353, 4301.354, or 4303.29 of the 2207
Revised Code, the board shall show and designate all of the 2208
streets and highways in the precinct or residence district or 2209
relevant portion thereof. 2210
(C) On the plat of a precinct, forwarded with the results of 2211
an election that was held under section 4301.352 of the Revised 2212
Code, the board shall show and designate all of the following: 2213
(1) All of the streets and highways in the precinct; 2214
(2) The permit premises designated in the petition that was 2215
filed under section 4301.331 of the Revised Code; 2216
(3) A class C or D permit holder's personal or corporate 2217
name, and if it is different from the permit holder's personal or 2218
Am. Sub. H. B. No. 402 Page 72
CORRECTED VERSION As Passed by the Senate
corporate name, the name of the business conducted by the permit 2219
holder on the designated premises; 2220
(4) The address of the designated premises. 2221
(D) On the plat of a precinct, forwarded with the results of 2222
an election that was held under section 4301.355 OF the Revised 2223
Code, the board shall show and designate all of the following: 2224
(1) All streets and highways in the precinct; 2225
(2) The address of the particular location within the 2226
precinct to which the election results will apply as designated in 2227
the petition that was filed under section 4301.333 of the Revised 2228
Code; 2229
(3) The name of the applicant for the issuance or transfer, 2230
or the holder of the liquor permit or name of the liquor agency 2231
store, including any trade or fictitious names under which the 2232
applicant, holder, or operator intends to, or does, do business at 2233
the particular location, as designated in the petition that was 2234
filed under section 4301.333 of the Revised Code. 2235
(E) With the results of an election that was held under 2236
section 4301.356 of the Revised Code, the board shall designate 2237
both of the following: 2238
(1) Each permit premises designated in the petition; 2239
(2) Each class C or D permit holder's personal or corporate 2240
name and, if it is different from the personal or corporate name, 2241
the name of the business conducted by the permit holder on the 2242
designated premises. 2243
(F) If an application for recount is filed with the board of 2244
elections pursuant to section 3515.02 of the Revised Code or if an 2245
election contest is commenced pursuant to section 3515.09 of the 2246
Revised Code, the board of elections shall send written notice of 2247
the recount or contest, by certified mail, to the superintendent 2248
Am. Sub. H. B. No. 402 Page 73
CORRECTED VERSION As Passed by the Senate
of liquor control within two days from the date of the filing of 2249
the application for recount or the commencement of an election 2250
contest. Upon the final determination of an election recount or 2251
contest, the board of elections shall send notice of the final 2252
determination, by certified mail, to the superintendent and the 2253
liquor control commission. 2254
(E)(G) If, as the result of a local option election held 2255
pursuant to section 4301.35, 4301.351, 4301.353, 4301.354, 2256
4303.29, or 4305.14 Of the Revised Code, the use of a permit is 2257
made partially unlawful, the division shall, within thirty days 2258
after receipt of the final notice of the result of the election, 2259
pick up and amend the permit by inserting appropriate restrictions 2260
on the permit, and forthwith reissue the permit without charge or 2261
refund to the permit holder, unless prior to thirty days after 2262
receipt of the final notice of the result of such election, both 2263
of the following occur: 2264
(1) A petition is filed with the board of elections pursuant 2265
to section 4301.333 of the Revised Code; 2266
(2) A copy of the petition filed with the board of elections 2267
pursuant to section 4301.333 of the Revised Code bearing the file 2268
stamp of the board of elections is filed with the superintendent 2269
of the division of liquor control. 2270
If both of those conditions are met, the results of the 2271
election held pursuant to section 4301.35, 4301.351, 4301.353, 2272
4301.354, 4303.29, or 4305.14 of the Revised Code shall not take 2273
effect as to the liquor permit holder specified in the petition 2274
filed pursuant to section 4301.333 of the Revised Code until the 2275
earlier of a determination by the board of elections and receipt 2276
of notification of the superintendent of the division of liquor 2277
control of notice that the petition is invalid or receipt by the 2278
superintendent of final notice of the result of an election held 2279
pursuant to section 4301.355 of the Revised Code concerning the 2280
Am. Sub. H. B. No. 402 Page 74
CORRECTED VERSION As Passed by the Senate
holder of the liquor permit that resulted in a majority "no" vote. 2281
(H) If, as the result of a local option election, except a 2282
local option election held pursuant to section 4301.352 of the 2283
Revised Code, the use of a permit is made wholly unlawful, the 2284
permit holder may, within thirty days after the certification of 2285
such final result by the board of elections to the division, 2286
deliver the permit holder's permit to the division for safekeeping 2287
as provided in section 4303.272 of the Revised Code, or the permit 2288
holder may avail itself of the remedy set forth in divisions 2289
(G)(1) and (2) of this section. In such event the results of the 2290
election shall not take effect as to the liquor permit holder 2291
specified in the petition pursuant to section 4301.333 of the 2292
Revised Code until the earlier of a determination by the board of 2293
elections and receipt by the superintendent of the division of 2294
liquor control of notice that the petition is invalid or receipt 2295
by the superintendent of the final notice of the result of an 2296
election held pursuant to section 4301.355 of the Revised Code 2297
concerning the holder of the liquor permit that resulted in a 2298
majority "no" vote. 2299
(F)(I) If a municipal corporation or township has been paid 2300
all the moneys due it from permit fees under section 4301.30 of 2301
the Revised Code, it shall refund to the division ninety per cent 2302
of the money attributed to the unexpired portion of all permits 2303
which are still in force at the time of a local option election 2304
that makes use of the permits unlawful, except that no refund 2305
shall be made for the unexpired portion of a license year that is 2306
less than thirty days. Failure of the municipal corporation or 2307
township to refund the amount due entitles the permit holders to 2308
operate under their permits until the refund has been made. 2309
(J) If a municipal corporation or township has been paid all 2310
the money due it from permit fees under section 4301.30 of the 2311
Revised Code, it shall refund to the division ninety per cent of 2312
Am. Sub. H. B. No. 402 Page 75
CORRECTED VERSION As Passed by the Senate
the money attributable to the unexpired portion of a permit at the 2313
time a local option election under section 4301.352 of the Revised 2314
Code makes use of the permit unlawful, except that no refund shall 2315
be made for the unexpired portion of a license year that is less 2316
than thirty days. Failure of the municipal corporation or township 2317
to refund the amount due entitles the permit holder to operate 2318
under the permit until the refund has been made. 2319
Sec. 4301.40. No local option election held pursuant to 2320
sections 4301.32 to 4301.39 of the Revised Code shall affect or 2321
prohibit the following: 2322
(A) The transportation, possession, or consumption of 2323
intoxicating liquors within the precinct or residence district in 2324
which such election is held, nor sales in such precinct or 2325
residence district under B-3, E, or G permits; 2326
(B) The sale of intoxicating liquors, at a permit premises 2327
located at any publicly owned airport, as defined in section 2328
4563.01 of the Revised Code, at which commercial airline companies 2329
operate regularly scheduled flights on which space is available to 2330
the public, provided the permit holder operates pursuant to the 2331
authority of a liquor permit issued pursuant to Chapter 4303. of 2332
the Revised Code. 2333
Sec. 4301.401. (A) Notwithstanding sections 4301.32 to 2334
4301.391 and 4305.14 of the Revised Code, and the provisions for 2335
local option elections and the election on the question of repeal 2336
of Section 9 of Article XV, Ohio Constitution, in section 4303.29 2337
of the Revised Code, all C and D permits issued prior to December 2338
4, 1968, by the division of liquor control with respect to 2339
premises located in territory annexed prior to December 4, 1968, 2340
to any township or municipal corporation in which the sale of beer 2341
or intoxicating liquor is allowed under C or D permits, and 2342
Am. Sub. H. B. No. 402 Page 76
CORRECTED VERSION As Passed by the Senate
outstanding on that date or renewable as of that date under 2343
section 4303.271 of the Revised Code shall be considered as valid 2344
and lawfully issued, and to entitle the holder to the privileges 2345
thereof, unless such permit has been finally revoked under Chapter 2346
4301. of the Revised Code, and shall be renewed by the division 2347
subject to section 4303.271 of the Revised Code, except that this 2348
section does not apply to a local option election held after 2349
November 17, 1969. 2350
(B) Notwithstanding sections 4301.32 to 4301.391 and 4305.14 2351
of the Revised Code, and the provisions for local option elections 2352
and the election on the question of repeal of Section 9 of Article 2353
XV, Ohio Constitution, in section 4303.29 of the Revised Code, the 2354
division may issue any C or D permit to a qualified applicant for 2355
a permit premises located in an area which was formerly a part of 2356
the uninhabited, unincorporated area of a township in which the 2357
sale of beer or intoxicating liquor under that C or D liquor 2358
permit is prohibited but which is currently a part of a precinct 2359
or residence district in a municipal corporation in which the sale 2360
of beer or intoxicating liquor under that C or D permit is 2361
allowed. 2362
Sec. 4301.74. Any person subject to an injunction, temporary 2363
or permanent, granted pursuant to division (D) or (E) of section 2364
4301.73 3767.05 of the Revised Code, involving a condition 2365
described in division (C)(3) or (4) of section 3767.01 Of the 2366
Revised Code shall obey such injunction. If such person violates 2367
such injunction, the court or in vacation a judge thereof, may 2368
summarily try and punish the violator. The proceedings for 2369
punishment for contempt shall be commenced by filing with the 2370
clerk of the court from which such injunction issued information 2371
under oath setting out the alleged facts constituting the 2372
violation, whereupon the court shall forthwith cause a warrant to 2373
Am. Sub. H. B. No. 402 Page 77
CORRECTED VERSION As Passed by the Senate
issue under which the defendant shall be arrested. The trial may 2374
be had upon affidavits, or either party may demand the production 2375
and oral examination of the witnesses. 2376
Sec. 4301.80. (A) As used in this section, "Community 2377
entertainment district" means a bounded area that includes or will 2378
include a combination of entertainment, retail, educational, 2379
sporting, social, cultural, or arts establishments within close 2380
proximity to some or all of the following types of establishments 2381
within the district, or other types of establishments similar to 2382
these: 2383
(1) Hotels; 2384
(2) Restaurants; 2385
(3) Retail sales establishments; 2386
(4) Enclosed shopping centers; 2387
(5) Museums; 2388
(6) Performing arts theaters; 2389
(7) Motion picture theaters; 2390
(8) Night clubs; 2391
(9) Convention facilities; 2392
(10) Sports facilities; 2393
(11) Entertainment facilities or complexes; 2394
(12) Any combination of the establishments described in 2395
division (A)(1) to (11) of this section that provide similar 2396
services to the community. 2397
(B) Any owner of property located in a municipal corporation 2398
seeking to have that property, or that property and other 2399
surrounding property, designated as a community entertainment 2400
district shall file an application seeking this designation with 2401
Am. Sub. H. B. No. 402 Page 78
CORRECTED VERSION As Passed by the Senate
the mayor of the municipal corporation in which that property is 2402
located. Any owner of property located in the unincorporated area 2403
of a township seeking to have that property, or that property and 2404
other surrounding property, designated as a community 2405
entertainment district shall file an application seeking this 2406
designation with the board of township trustees of the township in 2407
whose unincorporated area that property is located. An application 2408
to designate an area as a community entertainment district shall 2409
contain all of the following: 2410
(1) The applicant's name and address; 2411
(2) A map or survey of the proposed community entertainment 2412
district in sufficient detail to identify the boundaries of the 2413
district and the property owned by the applicant; 2414
(3) A general statement of the nature and types of 2415
establishments described in division (A) of this section that are 2416
or will be located within the proposed community improvement 2417
district and any other establishments located in the proposed 2418
community entertainment district that are not described in 2419
division (A) of this section; 2420
(4) If some or all of the establishments within the proposed 2421
community entertainment district have not yet been developed, the 2422
proposed time frame for completing the development of these 2423
establishments; 2424
(5) Evidence that the uses of land within the proposed 2425
community entertainment district are in accord with the municipal 2426
corporation's or township's master zoning plan or map; 2427
(6) A certificate from a surveyor or engineer licensed under 2428
Chapter 4733. Of the Revised Code indicating that the area 2429
encompassed by the proposed community entertainment district 2430
contains no less than twenty contiguous acres; 2431
(7) A handling and processing fee to accompany the 2432
Am. Sub. H. B. No. 402 Page 79
CORRECTED VERSION As Passed by the Senate
application, payable to the applicable municipal corporation or 2433
township, in an amount determined by that municipal corporation or 2434
township. 2435
(C) An application described in division (B) of this section 2436
relating to an area located in a municipal corporation shall be 2437
addressed and submitted to the mayor of the municipal corporation 2438
in which the area described in the application is located. The 2439
mayor, within thirty days after receiving the application, shall 2440
submit the application with the mayor's recommendation to the 2441
legislative authority of the municipal corporation. An application 2442
described in division (B) of this section relating to an area 2443
located in the unincorporated area of a township shall be 2444
addressed and submitted to the board of township trustees of the 2445
township in whose unincorporated area the area described in the 2446
application is located. The application is a public record for 2447
purposes of section 149.43 Of the Revised Code upon its receipt by 2448
the mayor or board of township trustees. 2449
Within thirty days after it receives the application and the 2450
mayor's recommendations relating to the application, the 2451
legislative authority of the municipal corporation, by notice 2452
published once a week for two consecutive weeks in at least one 2453
newspaper of general circulation in the municipal corporation, 2454
shall notify the public that the application is on file in the 2455
office of the clerk of the municipal corporation and is available 2456
for inspection by the public during regular business hours. Within 2457
thirty days after it receives the application, the board of 2458
township trustees, by notice published once a week for two 2459
consecutive weeks in at least one newspaper of general circulation 2460
in the township, shall notify the public that the application is 2461
on file in the office of the township clerk and is available for 2462
inspection by the public during regular business hours. The notice 2463
shall also indicate the date and time of any public hearing by the 2464
Am. Sub. H. B. No. 402 Page 80
CORRECTED VERSION As Passed by the Senate
legislative authority or board of township trustees on the 2465
application. 2466
Within seventy-five days after the date the application is 2467
filed with the mayor of a municipal corporation, the legislative 2468
authority of the municipal corporation by ordinance or resolution 2469
shall approve or disapprove the application based on whether the 2470
proposed community entertainment district does or will 2471
substantially contribute to entertainment, retail, educational, 2472
sporting, social, cultural, or arts opportunities for the 2473
community. The community considered shall at a minimum include the 2474
municipal corporation in which the community is located. Any 2475
approval of an application shall be by an affirmative majority 2476
vote of the legislative authority. 2477
Within seventy-five days after the date the application is 2478
filed with a board of township trustees, the board by resolution 2479
shall approve or disapprove the application based on whether the 2480
proposed community entertainment district does or will 2481
substantially contribute to entertainment, retail, educational, 2482
sporting, social, cultural, or arts opportunities for the 2483
community. The community considered shall at a minimum include the 2484
township in which the community is located. Any approval of an 2485
application shall be by an affirmative majority vote of the board 2486
of township trustees. 2487
If the legislative authority or board of township trustees 2488
disapproves the application, the applicant may make changes in the 2489
application to secure its approval by the legislative authority or 2490
board of township trustees. Any area approved by the legislative 2491
authority or board of township trustees constitutes a community 2492
entertainment district, and a local option election may be 2493
conducted in the district, as a type of community facility, under 2494
section 4301.356 Of the Revised Code. 2495
(D) All or part of an area designated as a community 2496
Am. Sub. H. B. No. 402 Page 81
CORRECTED VERSION As Passed by the Senate
entertainment district may lose this designation as provided in 2497
this division. The legislative authority of a municipal 2498
corporation in which a community entertainment district is 2499
located, or the board of township trustees of the township in 2500
whose unincorporated area a community entertainment district is 2501
located, after giving notice of its proposed action by publication 2502
once a week for two consecutive weeks in at least one newspaper of 2503
general circulation in the municipal corporation or township, may 2504
determine by ordinance or resolution in the case of the 2505
legislative authority of a municipal corporation, or by resolution 2506
in the case of a board of township trustees of a township, that 2507
all or part of the area fails to meet the standards described in 2508
this section for designation of an area as a community 2509
entertainment district. If the legislative authority or board so 2510
determines, the area designated in the ordinance or resolution no 2511
longer constitutes a community entertainment district. 2512
Sec. 4303.021. Permit A-1-A may be issued to the holder of an 2513
A-1 or A-2 permit to sell beer and any intoxicating liquor at 2514
retail, only by the individual drink in glass or from a container, 2515
provided such A-1-A permit premises are situated on the same 2516
parcel or tract of land as the related A-1 or A-2 manufacturing 2517
permit premises or are separated therefrom only by public streets 2518
or highways or by other lands owned by the holder of the A-1 or 2519
A-2 permit and used by the holder in connection with or in 2520
promotion of the holder's A-1 or A-2 permit business. The fee for 2521
this permit is three thousand one hundred twenty-five dollars. The 2522
holder of an A-1-A permit may sell beer and any intoxicating 2523
liquor during the same hours as the holders of D-5 permits under 2524
this chapter or Chapter 4301. of the Revised Code or the rules of 2525
the liquor control commission and shall obtain a restaurant 2526
license pursuant to section 3732.03 of the Revised Code. 2527
Except as otherwise provided in this section, no new A-1-A 2528
Am. Sub. H. B. No. 402 Page 82
CORRECTED VERSION As Passed by the Senate
permit shall be issued to the holder of an A-1 or A-2 permit 2529
unless the sale of beer and intoxicating liquor under class D 2530
permits is permitted in the residence district precinct in which 2531
the A-1 or A-2 permit is located and, in the case of an A-2 2532
permit, unless the holder of the A-2 permit manufactures or has a 2533
storage capacity of at least twenty-five thousand gallons of wine 2534
per year. The immediately preceding sentence does not prohibit the 2535
issuance of an A-1-A permit to an applicant for such a permit who 2536
is the holder of an A-1 permit and whose application was filed 2537
with the division of liquor control before June 1, 1994. The 2538
liquor control commission shall not restrict the number of A-1-A 2539
permits which may be located within a residence district. As used 2540
in this section, "residence district" has the same meaning as in 2541
section 4301.01 of the Revised Code precinct. 2542
Sec. 4303.181. (A) Permit D-5a may be issued either to the 2543
owner or operator of a hotel or motel required to be licensed 2544
under section 3731.03 of the Revised Code containing at least 2545
fifty rooms for registered transient guests, and which qualifies 2546
under the other requirements of this section, or to the owner or 2547
operator of a restaurant specified under this section to sell beer 2548
and any intoxicating liquor at retail, only by the individual 2549
drink in glass and from the container, for consumption on the 2550
premises where sold, and to registered guests in their rooms, 2551
which may be sold by means of a controlled access alcohol and 2552
beverage cabinet in accordance with division (B) of section 2553
4301.21 of the Revised Code; and to sell the same products in the 2554
same manner and amounts not for consumption on the premises as may 2555
be sold by holders of D-1 and D-2 permits. The premises of the 2556
hotel or motel shall include a restaurant licensed pursuant to 2557
section 3732.03 of the Revised Code affiliated with the hotel or 2558
motel and within or contiguous to the hotel or motel, serving food 2559
within the hotel or motel, but the principal business of the owner 2560
Am. Sub. H. B. No. 402 Page 83
CORRECTED VERSION As Passed by the Senate
or operator of the hotel or motel shall be the accommodation of 2561
transient guests. In addition to the privileges authorized herein, 2562
the holder of a D-5a permit may exercise the same privileges as 2563
the holder of a D-5 permit. 2564
The owner or operator of a hotel, motel, or restaurant who 2565
qualified for and held a D-5a permit on August 4, 1976, may, if 2566
the owner or operator person held another permit before holding a 2567
D-5a permit, either retain a D-5a permit or apply for the permit 2568
formerly held, and the division of liquor control shall issue the 2569
permit for which the owner or operator person applies and formerly 2570
held, notwithstanding any quota. 2571
A D-5a permit shall not be transferred to another location. 2572
No quota restriction shall be placed on the number of such permits 2573
which may be issued. 2574
The fee for this permit is one thousand eight hundred 2575
seventy-five dollars. 2576
(B) Permit D-5b may be issued to the owner, operator, tenant, 2577
lessee, or occupant of an enclosed shopping center to sell beer 2578
and intoxicating liquor at retail, only by the individual drink in 2579
glass and from the container, for consumption on the premises 2580
where sold; and to sell the same products in the same manner and 2581
amount not for consumption on the premises as may be sold by 2582
holders of D-1 and D-2 permits. In addition to the privileges 2583
authorized in this section, the holder of a D-5b permit may 2584
exercise the same privileges as a holder of a D-5 permit. 2585
A D-5b permit shall not be transferred to another location. 2586
One D-5b permit may be issued at an enclosed shopping center 2587
containing at least two hundred twenty-five thousand, but less 2588
than four hundred thousand, square feet of floor area. 2589
Two D-5b permits may be issued at an enclosed shopping center 2590
Am. Sub. H. B. No. 402 Page 84
CORRECTED VERSION As Passed by the Senate
containing at least four hundred thousand square feet of floor 2591
area. No more than one D-5b permit may be issued at an enclosed 2592
shopping center for each additional two hundred thousand square 2593
feet of floor area or fraction thereof, up to a maximum of five 2594
D-5b permits for each enclosed shopping center. The number of D-5b 2595
permits that may be issued at an enclosed shopping center shall be 2596
determined by subtracting the number of D-3 and D-5 permits issued 2597
in the enclosed shopping center from the number of D-5b permits 2598
that otherwise may be issued at the enclosed shopping center under 2599
the formulas provided in this division. Except as provided in this 2600
section, no quota shall be placed on the number of D-5b permits 2601
that may be issued. Notwithstanding any quota provided in this 2602
section, the holder of any D-5b permit first issued in accordance 2603
with this section is entitled to its renewal in accordance with 2604
section 4303.271 of the Revised Code. 2605
The holder of a D-5b permit issued before April 4, 1984, 2606
whose tenancy is terminated for a cause other than nonpayment of 2607
rent, may return the D-5b permit to the division of liquor control 2608
and the division shall cancel that permit. Upon cancellation of 2609
that permit and upon the permit holder's payment of taxes, 2610
contributions, premiums, assessments, and other debts owing or 2611
accrued upon the date of cancellation to this state and its 2612
political subdivisions and a filing with the division of a 2613
certification thereof, the division shall issue to that person 2614
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 2615
person requests. The division shall issue the D-5 permit, or the 2616
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, or 2617
D-5 permits currently issued in the municipal corporation or in 2618
the unincorporated area of the township where that person's 2619
proposed premises is located equals or exceeds the maximum number 2620
of such permits that can be issued in that municipal corporation 2621
or in the unincorporated area of that township under the 2622
population quota restrictions contained in section 4303.29 of the 2623
Am. Sub. H. B. No. 402 Page 85
CORRECTED VERSION As Passed by the Senate
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 2624
shall not be transferred to another location. If a D-5b permit is 2625
canceled under the provisions of this paragraph, the number of 2626
D-5b permits that may be issued at the enclosed shopping center 2627
for which the D-5b permit was issued, under the formula provided 2628
in this division, shall be reduced by one if the enclosed shopping 2629
center was entitled to more than one D-5b permit under the 2630
formula. 2631
The fee for this permit is one thousand eight hundred 2632
seventy-five dollars. 2633
(C) Permit D-5c may be issued either to the owner or operator 2634
of a restaurant licensed pursuant to section 3732.03 of the 2635
Revised Code, and which qualifies under the other requirements of 2636
this section to sell beer and any intoxicating liquor at retail, 2637
only by the individual drink in glass and from the container, for 2638
consumption on the premises where sold, and to sell the same 2639
products in the same manner and amounts not for consumption on the 2640
premises as may be sold by holders of D-1 and D-2 permits. In 2641
addition to the privileges authorized herein, the holder of a D-5c 2642
permit may exercise the same privileges as the holder of a D-5 2643
permit. 2644
To qualify for a D-5c permit, the owner or operator of a 2645
restaurant licensed pursuant to section 3732.03 of the Revised 2646
Code shall have operated the restaurant at the proposed premises 2647
for not less than twenty-four consecutive months immediately 2648
preceding the filing of an application therefor, have applied for 2649
a D-5 permit no later than December 31, 1988, and appear on the 2650
division's quota waiting list for not less than six months 2651
immediately preceding the filing of an application therefor. In 2652
addition to these requirements, the proposed D-5c permit premises 2653
shall be located within a municipal corporation and further within 2654
an election precinct which, at the time of the applications, has 2655
Am. Sub. H. B. No. 402 Page 86
CORRECTED VERSION As Passed by the Senate
no more than twenty-five per cent of its total land area zoned for 2656
residential use. 2657
A D-5c permit shall not be transferred to another location. 2658
No quota restriction shall be placed on the number of such permits 2659
which may be issued. 2660
Any person who has held a D-5c permit for at least two years 2661
may apply for a D-5 permit, and the division of liquor control 2662
shall issue the D-5 permit notwithstanding the quota restrictions 2663
contained in section 4303.29 of the Revised Code or in any rule of 2664
the liquor control commission. 2665
The fee for this permit is one thousand two hundred fifty 2666
dollars. 2667
(D) Permit D-5d may be issued to either the owner or operator 2668
of a restaurant that is licensed pursuant to section 3732.03 of 2669
the Revised Code and located at an airport operated by a board of 2670
county commissioners pursuant to section 307.20 of the Revised 2671
Code or at an airport operated by a regional airport authority 2672
pursuant to Chapter 308. of the Revised Code. Not more than one 2673
D-5d permit shall be issued in each county. The holder of a D-5d 2674
permit may sell beer and any intoxicating liquor at retail, only 2675
by the individual drink in glass and from the container, for 2676
consumption on the premises where sold, and may sell the same 2677
products in the same manner and amounts not for consumption on the 2678
premises where sold as may be sold by the holders of D-1 and D-2 2679
permits. In addition to the privileges authorized in this 2680
division, the holder of a D-5d permit may exercise the same 2681
privileges as the holder of a D-5 permit. 2682
A D-5 D-5d permit shall not be transferred to another 2683
location. Except as otherwise provided in this division, no quota 2684
restrictions shall be placed on the number of such permits which 2685
may be issued. 2686
Am. Sub. H. B. No. 402 Page 87
CORRECTED VERSION As Passed by the Senate
The fee for this permit is one thousand eight hundred 2687
seventy-five dollars. 2688
(E) Permit D-5e may be issued to any nonprofit organization 2689
that is exempt from federal income taxation under "The Internal 2690
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as 2691
amended, or that is a charitable organization under any chapter of 2692
the Revised Code, and that owns or operates a riverboat which 2693
meets all of the following: 2694
(1) Is permanently docked at one location; 2695
(2) Is designated as a an historical riverboat by the Ohio 2696
historical society; 2697
(3) Contains not less than fifteen hundred square feet of 2698
floor area; 2699
(4) Has a seating capacity of fifty or more persons. 2700
The holder of a D-5e permit may sell beer and intoxicating 2701
liquor at retail, only by the individual drink in glass and from 2702
the container, for consumption on the premises where sold. 2703
A D-5e permit shall not be transferred to another location. 2704
No quota restriction shall be placed on the number of such permits 2705
which may be issued. The population quota restrictions contained 2706
in section 4303.29 of the Revised Code or in any rule of the 2707
liquor control commission shall not apply to this division and the 2708
division shall issue a D-5e permit to any applicant who meets the 2709
requirements of this division. However, the division shall not 2710
issue a D-5e permit if the permit premises or proposed permit 2711
premises are located within an area in which the sale of 2712
spirituous liquor by the glass is prohibited. 2713
The fee for this permit is nine hundred seventy-five dollars. 2714
(F) Permit D-5f may be issued to either the owner or the 2715
operator of a food service operation licensed under section 2716
Am. Sub. H. B. No. 402 Page 88
CORRECTED VERSION As Passed by the Senate
3732.03 of the Revised Code that meets all of the following: 2717
(1) Contains not less than twenty-five hundred square feet of 2718
floor area; 2719
(2) Is located on or in, or immediately adjacent to, the 2720
shoreline of, a navigable river; 2721
(3) Provides docking space for twenty-five boats; 2722
(4) Provides entertainment and recreation, provided that not 2723
less than fifty per cent of the business on the permit premises 2724
shall be preparing and serving meals for a consideration. 2725
In addition, each application for a D-5f permit shall be 2726
accompanied by a certification from the local legislative 2727
authority that the issuance of the D-5f permit is not inconsistent 2728
with that political subdivision's comprehensive development plan 2729
or other economic development goal as officially established by 2730
the local legislative authority. 2731
The holder of a D-5f permit may sell beer and intoxicating 2732
liquor at retail, only by the individual drink in glass and from 2733
the container, for consumption on the premises where sold. 2734
A D-5f permit shall not be transferred to another location. 2735
No more than fifteen D-5f permits shall be issued by the division 2736
of liquor control, and no more than two such permits shall be 2737
issued in any county. However, the division shall not issue a D-5f 2738
permit if the permit premises or proposed permit premises are 2739
located within an area in which the sale of spirituous liquor by 2740
the glass is prohibited. 2741
A fee for this permit is one thousand eight hundred 2742
seventy-five dollars. 2743
As used in this division, "navigable river" means a river 2744
which is also a "navigable water" as that term is defined in the 2745
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 2746
Am. Sub. H. B. No. 402 Page 89
CORRECTED VERSION As Passed by the Senate
(G) Permit D-5g may be issued to a nonprofit corporation that 2747
is either the owner or the operator of a national professional 2748
sports museum. The holder of a D-5g permit may sell beer and any 2749
intoxicating liquor at retail, only by the individual drink in 2750
glass and from the container, for consumption on the premises 2751
where sold. The holder of a D-5g permit shall sell no beer or 2752
intoxicating liquor for consumption on the premises where sold 2753
after one a.m. A D-5g permit shall not be transferred to another 2754
location. No quota restrictions shall be placed on the number of 2755
D-5g permits that may be issued. The fee for this permit is one 2756
thousand five hundred dollars. 2757
(H) Permit D-5h may be issued to any nonprofit organization 2758
that is exempt from federal income taxation under the "Internal 2759
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as 2760
amended, that owns or operates a fine arts museum and has no less 2761
than five thousand bona fide members possessing full membership 2762
privileges. The holder of a D-5h permit may sell beer and any 2763
intoxicating liquor at retail, only by the individual drink in 2764
glass and from the container, for consumption on the premises 2765
where sold. The holder of a D-5h permit shall sell no beer or 2766
intoxicating liquor for consumption on the premises where sold 2767
after one a.m. A D-5h permit shall not be transferred to another 2768
location. No quota restrictions shall be placed on the number of 2769
D-5h permits that may be issued. The fee for this permit is one 2770
thousand five hundred dollars. 2771
(I) Permit D-5i may be issued to either the owner or the 2772
operator of a food service operation licensed under section 2773
3732.03 of the Revised Code that meets all of the following 2774
requirements: 2775
(1) It is located in a municipal corporation or a township 2776
with a population of fifty thousand or less; 2777
(2) It has inside seating capacity for at least one hundred 2778
Am. Sub. H. B. No. 402 Page 90
CORRECTED VERSION As Passed by the Senate
eighty forty persons; 2779
(3) It has at least seven five thousand square feet of floor 2780
area; 2781
(4) It offers full-course meals, appetizers, and sandwiches; 2782
(5) Its receipts from beer and liquor sales do not exceed 2783
twenty-five per cent of its total gross receipts; 2784
(6) The value of its real and personal property exceeds one 2785
million three nine hundred twenty-five thousand dollars. 2786
The holder of a D-5i permit shall cause an independent audit 2787
to be performed at the end of one full year of operation following 2788
issuance of the permit, in order to verify the requirements of 2789
division (I)(5) of this section. The results of the independent 2790
audit shall be transmitted to the division. Upon determining that 2791
the receipts of the holder from beer and liquor sales exceeded 2792
twenty-five per cent of its total gross receipts, the division 2793
shall suspend the permit of the permit holder under section 2794
4301.25 of the Revised Code and may allow the permit holder to 2795
elect a forfeiture under section 4301.252 of the Revised Code. 2796
The holder of a D-5i permit may sell beer and any 2797
intoxicating liquor at retail, only by the individual drink in 2798
glass and from the container, for consumption on the premises 2799
where sold, and may sell the same products in the same manner and 2800
amounts not for consumption on the premises where sold as may be 2801
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 2802
permit shall sell no beer or intoxicating liquor for consumption 2803
on the premises where sold after two-thirty a.m. In addition to 2804
the privileges authorized in division (I) of this section, the 2805
holder of a D-5i permit may exercise the same privileges as the 2806
holder of a D-5 permit. 2807
A D-5i permit shall not be transferred to another location. 2808
The division of liquor control shall not renew a D-5i permit 2809
Am. Sub. H. B. No. 402 Page 91
CORRECTED VERSION As Passed by the Senate
unless the food service operation for which it is issued continues 2810
to meet the requirements described in divisions (I)(1) to (6) of 2811
this section. No quota restrictions shall be placed on the number 2812
of D-5i permits that may be issued. The fee for this permit is one 2813
thousand eight hundred seventy-five dollars. 2814
Sec. 4303.202. (A) The division of liquor control may issue 2815
an F-2 permit to an association or corporation, or to a recognized 2816
subordinate lodge, chapter, or other local unit of an association 2817
or corporation, to sell beer or intoxicating liquor by the 2818
individual drink at an event to be held on premises located in a 2819
political subdivision or part thereof where the sale of beer or 2820
intoxicating liquor on that day is otherwise permitted by law. 2821
The division of liquor control may issue an F-2 permit to an 2822
association or corporation, or to a recognized subordinate lodge, 2823
chapter, or other local unit of an association or CORPORATION, to 2824
sell beer, wine, and spirituous liquor by the individual drink at 2825
an event to be held on premises located in a political subdivision 2826
or part thereof where the sale of beer and wine, but not 2827
spirituous liquor, is otherwise permitted by law on that day. 2828
Notwithstanding section 1711.09 of the Revised Code, this 2829
section applies to any association or corporation or a recognized 2830
subordinate lodge, Chapter, or other local unit of an association 2831
or corporation. 2832
In order to receive an F-2 permit, the association, 2833
corporation, or local unit shall be organized not for profit, 2834
shall be operated for a charitable, cultural, fraternal, or 2835
educational purpose, and shall not be affiliated with the holder 2836
of any class of liquor permit, other than a D-4 permit. 2837
The premises on which the permit is to be used shall be 2838
clearly defined and sufficiently restricted to allow proper 2839
supervision of the permit use by state and local law enforcement 2840
Am. Sub. H. B. No. 402 Page 92
CORRECTED VERSION As Passed by the Senate
personnel. An F-2 permit may be issued for the same premises for 2841
which another class of permit is issued. 2842
No F-2 permit shall be effective for more than forty-eight 2843
consecutive hours, and sales shall be confined to the same hours 2844
permitted to the holder of a D-3 permit. The division shall not 2845
issue more than two F-2 permits in one calendar year to the same 2846
association, corporation, or local unit of an association or 2847
corporation. The fee for an F-2 permit is seventy-five dollars. 2848
If an applicant wishes the holder of a D-3, D-4, or D-5 2849
permit to conduct the sale of beer and intoxicating liquor at the 2850
event, the applicant may request that the F-2 permit be issued 2851
jointly to the association, corporation, or local unit and the 2852
D-permit holder. If a permit is issued jointly, the association, 2853
corporation, or local unit and the D-permit holder shall both be 2854
held responsible for any conduct that violates laws pertaining to 2855
the sale of alcoholic beverages, including sales by the D-permit 2856
holder; otherwise, the association, corporation, or local unit 2857
shall be held responsible. In addition to the permit fee paid by 2858
the association, corporation, or local unit, the D-permit holder 2859
shall pay a fee of ten dollars. A D-permit holder may receive an 2860
unlimited number of joint F-2 permits. 2861
Any association, corporation, or local unit applying for an 2862
F-2 permit shall file with the application a statement of the 2863
organizational purpose of the association, corporation, or local 2864
unit, the location and purpose of the event, and a list of its 2865
officers. The application form shall contain a notice that a 2866
person who knowingly makes a false statement on the application or 2867
statement is guilty of the crime of falsification, a misdemeanor 2868
of the first degree. In ruling on an application, the division 2869
shall consider, among other things, the past activities of the 2870
association, corporation, or local unit and any D-permit holder 2871
while operating under other F-2 permits, the location of the event 2872
Am. Sub. H. B. No. 402 Page 93
CORRECTED VERSION As Passed by the Senate
for which the current application is made, and any objections of 2873
local residents or law enforcement authorities. If the division 2874
approves the application, it shall send copies of the approved 2875
application to the proper law enforcement authorities prior to the 2876
scheduled event. 2877
Using the procedures of Chapter 119. of the Revised Code, the 2878
liquor control commission may adopt such rules as are necessary to 2879
administer this section. 2880
(B) No association, corporation, local unit of an association 2881
or corporation, or D-permit holder who holds an F-2 permit shall 2882
sell beer or intoxicating liquor beyond the hours of sale allowed 2883
by the permit. This division imposes strict liability on the 2884
holder of such permit and on any officer, agent, or employee of 2885
such permit holder. 2886
Sec. 4303.26. (A) Applications for regular permits authorized 2887
by sections 4303.02 to 4303.23 of the Revised Code may be filed 2888
with the division of liquor control. No permit shall be issued by 2889
the division until fifteen days after the application for it is 2890
filed. An applicant for the issuance of a new permit shall pay a 2891
processing fee of one hundred dollars when filing application for 2892
the permit, if the permit is then available, or shall pay the 2893
processing fee when a permit becomes available, if it is not 2894
available when the applicant initially files the application. When 2895
an application for a new class C or D permit is filed, when class 2896
C or D permits become available, or when an application for 2897
transfer of ownership of a class C or D permit or transfer of a 2898
location of a class C or D permit is filed, no permit shall be 2899
issued, nor shall the location or the ownership of a permit be 2900
transferred, by the division until the division notifies the 2901
legislative authority of the municipal corporation, if the 2902
business or event is or is to be located within the corporate 2903
Am. Sub. H. B. No. 402 Page 94
CORRECTED VERSION As Passed by the Senate
limits of a municipal corporation, or the clerk of the board of 2904
county commissioners and township trustees in the county in which 2905
the business or event is or is to be conducted, if the business is 2906
or is to be located outside the corporate limits of a municipal 2907
corporation, and an opportunity is provided officials or employees 2908
of the municipal corporation or county and township, who shall be 2909
designated by the legislative authority of the municipal 2910
corporation or the board of county commissioners or township 2911
trustees, for a complete hearing upon the advisability of the 2912
issuance, transfer of ownership, or transfer of location of the 2913
permit. In this hearing, no objection to the issuance, transfer of 2914
ownership, or transfer of location of the permit shall be based 2915
upon noncompliance of the proposed permit premises with local 2916
zoning regulations which prohibit the sale of beer or intoxicating 2917
liquor, in an area zoned for commercial or industrial uses, for a 2918
permit premises that would otherwise qualify for a proper permit 2919
issued by the division. 2920
When the division sends notice to the legislative or 2921
executive authority of the political subdivision, as required by 2922
this section, the division shall also so notify, by certified 2923
mail, return receipt requested, or by personal service, the chief 2924
peace officer of the political subdivision. Upon the request of 2925
the chief peace officer, the division shall send the chief peace 2926
officer a copy of the application for the issuance or the transfer 2927
of ownership or location of the permit and all other documents or 2928
materials filed by the applicant or applicants in relation to the 2929
application. The chief peace officer may appear and testify, 2930
either in person or through a representative, at any hearing held 2931
on the advisability of the issuance, transfer of ownership, or 2932
transfer of location of the permit. The hearing shall be held in 2933
the central office of the division, except that upon written 2934
request of the legislative authority of the municipal corporation 2935
Am. Sub. H. B. No. 402 Page 95
CORRECTED VERSION As Passed by the Senate
or the board of county commissioners or township trustees, the 2936
hearing shall be held in the county seat of the county where the 2937
applicant's business is or is to be conducted. 2938
If the business or event specified in an application for the 2939
issuance, transfer of ownership, or transfer of location of any 2940
regular permit authorized by sections 4303.02 to 4303.23 of the 2941
Revised Code, except for an F-2 permit, is, or is to be operated, 2942
within five hundred feet from the boundaries of a parcel of real 2943
estate having situated on it a school, church, library, public 2944
playground, or township park, no permit shall be issued, nor shall 2945
the location or the ownership of a permit be transferred, by the 2946
division until written notice of the filing of the application 2947
with the division is served, by certified mail, return receipt 2948
requested, or by personal service, upon the authorities in control 2949
of the school, church, library, public playground, or township 2950
park and an opportunity is provided them for a complete hearing 2951
upon the advisability of the issuance, transfer of ownership, or 2952
transfer of location of the permit. In this hearing, no objection 2953
to the issuance, transfer of ownership, or transfer of location of 2954
the permit shall be based upon the noncompliance of the proposed 2955
permit premises with local zoning regulations which prohibit the 2956
sale of beer or intoxicating liquor, in an area zoned for 2957
commercial or industrial uses, for a permit premises that would 2958
otherwise qualify for a proper permit issued by the division. Upon 2959
the written request of any such authorities, the hearing shall be 2960
held in the county seat of the county where the applicant's 2961
business is or is to be conducted. 2962
A request for any hearing authorized by this section shall be 2963
made no later than thirty days from the time of notification by 2964
the division. This thirty-day period begins on the date the 2965
division mails notice to the legislative authority or the date on 2966
which the division mails notice to or, by personal service, serves 2967
Am. Sub. H. B. No. 402 Page 96
CORRECTED VERSION As Passed by the Senate
notice upon, the institution. The division shall conduct a hearing 2968
if the request for the hearing is postmarked by the deadline date. 2969
The division may allow, upon cause shown by the requesting 2970
legislative authority or board, an extension of thirty additional 2971
days for the legislative authority of the municipal corporation, 2972
board of township trustees of the township, or board of county 2973
commissioners of the county in which a permit premises is or is to 2974
be located to object to the issuance, transfer of ownership, or 2975
transfer of location of a permit. Such request for the extension 2976
shall be made by the legislative authority or board to the 2977
division no later than thirty days after the time of notification 2978
by the division. 2979
(B)(1) When an application for transfer of ownership of a 2980
permit is filed with the division, the division shall give notice 2981
of the application to the department of taxation. Within twenty 2982
days after receiving this notification, the department of taxation 2983
shall notify the division of liquor control and the proposed 2984
transferee of the permit if the permit holder owes to this state 2985
any delinquent sales taxes or income taxes withheld from employee 2986
compensation or has failed to file any sales tax returns or 2987
employee income tax withholding returns, to the extent that such 2988
delinquent taxes and delinquent returns are known to the 2989
department of taxation at that time. The division shall not 2990
transfer ownership of the permit until returns known to be 2991
delinquent are filed and until any such tax or withholding 2992
delinquency is resolved. As used in this division, "resolved" 2993
means that the tax or withholding delinquency has been paid or an 2994
amount sufficient to satisfy the delinquency is in escrow for the 2995
benefit of the state. The department of taxation shall notify the 2996
division of the resolution. After the division has received such 2997
notification from the department of taxation, the division may 2998
proceed to transfer ownership of the permit. Nothing in this 2999
division shall be construed to affect or limit the 3000
Am. Sub. H. B. No. 402 Page 97
CORRECTED VERSION As Passed by the Senate
responsibilities or liabilities of the transferor or the 3001
transferee imposed by Chapter 5739. or 5747. of the Revised Code. 3002
(2) Notwithstanding section 5703.21 of the Revised Code, 3003
nothing prohibits the department of taxation from disclosing to 3004
the division or to the proposed transferee or the proposed 3005
transferee's designated agent any information pursuant to division 3006
(B)(1) of this section. 3007
(C) No F or F-2 permit shall be issued for an event until the 3008
applicant has, by means of a form that the division shall provide 3009
to the applicant, notified the chief peace officer of the 3010
political subdivision in which the event will be conducted of the 3011
date, time, place, and duration of the event. 3012
(D) The division of liquor control shall notify an applicant 3013
for a permit authorized by sections 4303.02 to 4303.23 of the 3014
Revised Code of an action pending or judgment entered against a 3015
liquor permit premises, of which the division has knowledge, 3016
pursuant to section 3767.03 or 3767.05 of the Revised Code if the 3017
applicant is applying for a permit at the location of the premises 3018
that is the subject of the action under section 3767.03 or 3019
judgment under section 3767.05 of the Revised Code. 3020
Sec. 4303.261. If a permit issued under this chapter is 3021
canceled as the result of an election held under sections 4301.32 3022
to 4301.41 or section 4305.14 of the Revised Code and the permit 3023
premises for that permit is in a building located in more than one 3024
election precinct or residence district, the division of liquor 3025
control shall not transfer that permit or another permit of the 3026
same class, or issue another permit of the same class, to a 3027
premises in another part of the same building that is not located 3028
in the precinct or residence district in which the local option 3029
election was held, until the results of a subsequent local option 3030
election held in that precinct or residence district allow the 3031
Am. Sub. H. B. No. 402 Page 98
CORRECTED VERSION As Passed by the Senate
issuance or transfer of location of the permit in that precinct or 3032
residence district. 3033
Sec. 4303.29. (A) No permit, other than an H permit, shall be 3034
issued to a firm or partnership unless all the members of said 3035
firm or partnership are citizens of the United States and a 3036
majority have resided in this state for one year prior to 3037
application for such permit. No permit, other than an H permit, 3038
shall be issued to an individual who is not a citizen of the 3039
United States who has resided in this state for at least one year 3040
prior to application for such permit. No permit, other than an E 3041
or H permit, shall be issued to any corporation organized under 3042
the laws of any country, territory, or state other than Ohio until 3043
it has furnished the division of liquor control with evidence that 3044
it has complied with the laws of this state relating to the 3045
transaction of business in this state. 3046
The division may refuse to issue any permit to or refuse to 3047
renew any permit of any person convicted of any felony that is 3048
reasonably related to the person's fitness to operate a liquor 3049
permit business in this state. No holder of a permit shall sell, 3050
assign, transfer, or pledge such permit, without the written 3051
consent of the division. 3052
(B)(1) No more than one of each type of C or D permits shall 3053
be issued to any one person, firm, or corporation in any county 3054
having a population of less than twenty-five thousand, and no more 3055
than one of each type of C or D permits to any one person, firm, 3056
or corporation for any additional twenty-five thousand or major 3057
fraction thereof in any county having a greater population than 3058
twenty-five thousand, provided that in the case of D-3, D-3a, D-4, 3059
and D-5 permits no more than one permit shall be issued to any one 3060
person, firm, or corporation in any county having a population of 3061
less than fifty thousand, and no more than one such permit to any 3062
Am. Sub. H. B. No. 402 Page 99
CORRECTED VERSION As Passed by the Senate
one person, firm, or corporation for any additional fifty thousand 3063
or major fraction thereof in any county having a greater 3064
population than fifty thousand. 3065
(2) No D-3 permit shall be issued to any club unless such 3066
club has been continuously engaged in the activity specified in 3067
section 4303.15 of the Revised Code, as a qualification for such 3068
class of permit, for two years at the time such permit is issued. 3069
(3)(a) Subject to division (B)(3)(b) of this section, upon 3070
application by properly qualified persons, one C-1 and C-2 permit 3071
shall be issued for each one thousand population or part thereof, 3072
and one D-1 and D-2 permit shall be issued for each two thousand 3073
population or part thereof, in each municipal corporation and in 3074
the unincorporated area of each township. 3075
Subject to division (B)(3)(b) of this section, not more than 3076
one D-3, D-4, or D-5 permit shall be issued for each two thousand 3077
population, or part thereof, in any municipal corporation and in 3078
the unincorporated area of any township, except that in any city 3079
of a population of fifty-five thousand or more one D-3 permit may 3080
be issued for each fifteen hundred population, or part thereof. 3081
(b) Nothing in division (B)(3)(a) of this section shall be 3082
construed to prohibit the transfer of location or the transfer of 3083
ownership and location of a C-1, C-2, D-1, D-2, D-3, or D-5 permit 3084
from a municipal corporation or the unincorporated area of a 3085
township in which the number of permits of that class exceeds the 3086
number of such permits authorized to be issued under division 3087
(B)(3)(a) of this section to an economic development project 3088
located in another municipal corporation or the unincorporated 3089
area of another township in which no additional permits of that 3090
class may be issued under division (B)(3)(a) of this section. 3091
Factors that shall be used to determine the designation of an 3092
economic development project include, but are not limited to, 3093
Am. Sub. H. B. No. 402 Page 100
CORRECTED VERSION As Passed by the Senate
architectural certification of the plans and the cost of the 3094
project, the number of jobs that will be created by the project, 3095
projected earnings of the project, projected tax revenues for the 3096
political subdivisions in which the project will be located, and 3097
the amount of financial investment in the project. The 3098
superintendent of liquor control shall determine whether the 3099
existing or proposed business that is seeking a permit described 3100
in division (B)(3)(b) of this section qualifies as an economic 3101
development project and, if the superintendent determines that it 3102
so qualifies, shall designate the business as an economic 3103
development project. 3104
(4) Nothing in this section shall be construed to restrict 3105
the issuance of a permit to a municipal corporation for use at a 3106
municipally owned airport at which commercial airline companies 3107
operate regularly scheduled flights on which space is available to 3108
the public. A municipal corporation applying for a permit for such 3109
a municipally owned airport is exempt, in regard to that 3110
application, from the population restrictions contained in this 3111
section and from population quota restrictions contained in any 3112
rule of the liquor control commission. A municipal corporation 3113
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a 3114
municipally owned airport is subject to section 4303.31 of the 3115
Revised Code. 3116
(5) Nothing in this section shall be construed to prohibit 3117
the issuance of a D permit to the board of trustees of a soldiers' 3118
memorial for a premises located at a soldiers' memorial 3119
established pursuant to Chapter 345. of the Revised Code. An 3120
application for a D permit by such a board for such a premises is 3121
exempt from the population restrictions contained in this section 3122
and from the population quota restrictions contained in any rule 3123
of the liquor control commission. The location of a D permit 3124
issued to the board of trustees of a soldiers' memorial for a 3125
Am. Sub. H. B. No. 402 Page 101
CORRECTED VERSION As Passed by the Senate
premises located at a soldiers' memorial shall not be transferred. 3126
A board of trustees of a soldiers' memorial applying for a D-1, 3127
D-2, D-3, D-4, or D-5 permit for such a soldiers' memorial is 3128
subject to section 4303.31 of the Revised Code. 3129
(6) Nothing in this section shall be construed to restrict 3130
the issuance of a permit for a premises located at a golf course 3131
owned by a municipal corporation, township, or county, owned by a 3132
park district created under Chapter 1545. of the Revised Code, or 3133
owned by the state. The location of such a permit issued on or 3134
after September 26, 1984, for a premises located at such a golf 3135
course shall not be transferred. Any application for such a permit 3136
is exempt from the population quota restrictions contained in this 3137
section and from the population quota restrictions contained in 3138
any rule of the liquor control commission. A municipal 3139
corporation, township, county, park district, or state agency 3140
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf 3141
course is subject to section 4303.31 of the Revised Code. 3142
(7) As used in division (B)(7) of this section, "fair" has 3143
the same meaning as in section 991.01 of the Revised Code, "state 3144
fairgrounds" means the property that is held by the state for the 3145
purpose of conducting fairs, expositions, and exhibits and that is 3146
maintained and managed by the Ohio expositions commission under 3147
section 991.03 of the Revised Code, and "capitol square" has the 3148
same meaning as in section 105.41 of the Revised Code. 3149
Nothing in this section shall be construed to restrict the 3150
issuance of one or more D permits to one or more applicants for 3151
all or a part of either the state fairgrounds or capitol square. 3152
An application for a D permit for the state fairgrounds or capitol 3153
square is exempt from the population quota restrictions contained 3154
in this section and from the population quota restrictions 3155
contained in any rule of the liquor control commission. The 3156
location of a D permit issued for the state fairgrounds or capitol 3157
Am. Sub. H. B. No. 402 Page 102
CORRECTED VERSION As Passed by the Senate
square shall not be transferred. An applicant for a D-1, D-2, D-3, 3158
or D-5 permit for the state fairgrounds is not subject to section 3159
4303.31 of the Revised Code. 3160
Pursuant to section 1711.09 of the Revised Code, the holder 3161
of a D permit issued for the state fairgrounds shall not deal in 3162
spirituous liquor at the state fairgrounds during, or for one week 3163
before or for three days after, any fair held at the state 3164
fairgrounds. 3165
(8) Nothing in this section shall be construed to prohibit 3166
the issuance of a D permit for a premises located at a zoological 3167
park at which sales have been approved in an election held under 3168
former section 4301.356 of the Revised Code. An application for a 3169
D permit for such a premises is exempt from the population 3170
restrictions contained in this section, from the population quota 3171
restrictions contained in any rule of the liquor control 3172
commission, and from section 4303.31 of the Revised Code. The 3173
location of a D permit issued for a premises at such a zoological 3174
park shall not be transferred, and no quota or other restrictions 3175
shall be placed on the number of D permits that may be issued for 3176
a premises at such a zoological park. 3177
(C)(1) As used in this division, "residence district" has the 3178
same meaning as in section 4301.01 of the Revised Code. 3179
(2) No D-3, D-4, D-5, or D-5a permit shall be issued in any 3180
election precinct or residence district in any municipal 3181
corporation or in any election precinct or residence district in 3182
the unincorporated area of any township, in which at the November, 3183
1933, election a majority of the electors voting thereon in the 3184
municipal corporation or in the unincorporated area of the 3185
township voted against the repeal of Section 9 of Article XV, Ohio 3186
Constitution, unless the sale of spirituous liquor by the glass is 3187
authorized by a majority vote of the electors voting on the 3188
question in the precinct or residence district at an election held 3189
Am. Sub. H. B. No. 402 Page 103
CORRECTED VERSION As Passed by the Senate
pursuant to this section or by a majority vote of the electors of 3190
the precinct or residence district voting on question (C) at a 3191
special local option election held in the precinct or residence 3192
district pursuant to section 4301.35 of the Revised Code. Upon the 3193
request of an elector, the board of elections of the county that 3194
encompasses the precinct or the residence district shall furnish 3195
the elector with a copy of the instructions prepared by the 3196
secretary of state under division (P) of section 3501.05 of the 3197
Revised Code and, within fifteen days after the request, a 3198
certificate of the number of signatures required for a valid 3199
petition under this section. 3200
Upon the petition of thirty-five per cent of the total number 3201
of voters voting in any such precinct or residence district for 3202
the office of governor at the preceding general election, filed 3203
with the board of elections of the county in which such precinct 3204
or the residence district is located not later than seventy-five 3205
days before a general election, such board shall prepare ballots 3206
and hold an election at such general election upon the question of 3207
allowing spirituous liquor to be sold by the glass in such 3208
precinct or residence district. Such ballots shall be approved in 3209
form by the secretary of state. The results of such election shall 3210
be certified by the board to the secretary of state, who shall 3211
certify the same to the division. 3212
(3)(2) No holder of a class D-3 permit issued for a boat or 3213
vessel shall sell spirituous liquor in any precinct, in which the 3214
election provided for in this section may be held, unless the sale 3215
of such liquor by the drink has been authorized by vote of the 3216
electors as provided in this section or in section 4301.35 of the 3217
Revised Code. 3218
(D) Any holder of a C or D permit whose permit premises were 3219
purchased in 1986 or 1987 by the state of Ohio or any state agency 3220
for highway purposes shall be issued the same permit at another 3221
Am. Sub. H. B. No. 402 Page 104
CORRECTED VERSION As Passed by the Senate
location notwithstanding any quota restrictions contained in this 3222
chapter or in any rule of the liquor control commission. 3223
Sec. 4303.292. (A) The division of liquor control may refuse 3224
to issue, transfer the ownership of, or renew, and shall refuse to 3225
transfer the location of any retail permit issued under this 3226
chapter if it finds: 3227
(1) That the applicant, any partner, member, officer, 3228
director, or manager thereof, or any shareholder owning ten per 3229
cent or more of its capital stock: 3230
(a) Has been convicted at any time of a crime which relates 3231
to fitness to operate a liquor establishment; 3232
(b) Has operated liquor permit businesses in a manner that 3233
demonstrates a disregard for the laws, regulations, or local 3234
ordinances of this state or any other state; 3235
(c) Has misrepresented a material fact in applying to the 3236
division for a permit; 3237
(d) Is in the habit of using alcoholic beverages or dangerous 3238
drugs to excess, or is addicted to the use of narcotics. 3239
(2) That the place for which the permit is sought: 3240
(a) Does not conform to the building, safety, or health 3241
requirements of the governing body of the county or municipality 3242
in which the place is located. As used in division (A)(2)(a) of 3243
this section, "building, safety, or health requirements" does not 3244
include local zoning ordinances. The validity of local zoning 3245
regulations shall not be affected by this section. 3246
(b) Is so constructed or arranged that law enforcement 3247
officers and duly authorized agents of the division are prevented 3248
from reasonable access to rooms within which beer or intoxicating 3249
liquor is to be sold or consumed. 3250
Am. Sub. H. B. No. 402 Page 105
CORRECTED VERSION As Passed by the Senate
(c) Is so located with respect to the neighborhood that 3251
substantial interference with public decency, sobriety, peace, or 3252
good order would result from the issuance, renewal, transfer of 3253
location, or transfer of ownership of the permit and operation 3254
thereunder by the applicant. 3255
(d) Has been declared a nuisance pursuant to Chapter 3767. of 3256
the Revised Code since the time of the most recent issuance, 3257
renewal, or transfer of ownership or location of the liquor 3258
permit. 3259
(B) The division of liquor control may refuse to issue or 3260
transfer the ownership of, and shall refuse to transfer the 3261
location of any retail permit issued under this chapter if it 3262
finds: 3263
(1) That the place for which the permit is sought is so 3264
situated with respect to any school, church, library, public 3265
playground, or hospital that the operation of the liquor 3266
establishment will substantially and adversely affect or interfere 3267
with the normal, orderly conduct of the affairs of those 3268
facilities or institutions. 3269
(2) That the number of permits already existent in the 3270
neighborhood is such that the issuance or transfer of location of 3271
a permit would be detrimental to and substantially interfere with 3272
the morals, safety, or welfare of the public, and, in reaching a 3273
conclusion in this respect, the department division shall 3274
consider, in light of the purposes of Chapters 4301., 4303., and 3275
4399. of the Revised Code, the character and population of the 3276
neighborhood, the number and location of similar permits in the 3277
neighborhood, the number and location of all other permits in the 3278
neighborhood, and the effect the issuance or transfer of location 3279
of a permit would have on the neighborhood. 3280
(C) The department division of liquor control shall not 3281
Am. Sub. H. B. No. 402 Page 106
CORRECTED VERSION As Passed by the Senate
transfer the location or transfer the ownership and location of a 3282
permit under division (B)(3)(b) of section 4303.29 of the Revised 3283
Code unless the permit is transferred to an economic development 3284
project. 3285
(D) The division of liquor control shall refuse to issue, 3286
renew, transfer the ownership of, or transfer the location of a 3287
retail permit under this chapter if the applicant is or has been 3288
convicted of a violation of division (C)(1) of section 2913.46 of 3289
the Revised Code. 3290
(E) The division of liquor control shall refuse to transfer 3291
the ownership of or transfer the location of a retail permit under 3292
this chapter while criminal proceedings are pending against the 3293
holder of the permit for a violation of division (C)(1) of section 3294
2913.46 of the Revised Code. The department of human services 3295
shall notify the division of liquor control whenever criminal 3296
proceedings have commenced for a violation of division (C)(1) of 3297
section 2913.46 of the Revised Code. 3298
(F) The division shall refuse to issue, renew, or transfer 3299
the ownership or location of a retail permit under this chapter if 3300
the applicant has been found to be maintaining a nuisance under 3301
section 3767.05 Of the Revised Code at the premises for which the 3302
issuance, renewal, or transfer of ownership or location of the 3303
retail permit is sought. 3304
Sec. 4305.14. (A) As used in this section, "residence 3305
district" has the same meaning as in section 4301.01 of the 3306
Revised Code. 3307
(B) The following questions regarding the sale of beer by 3308
holders of C or D permits may be presented to the qualified 3309
electors of an election precinct or residence district: 3310
(1) "Shall the sale of beer as defined in section 4305.08 of 3311
Am. Sub. H. B. No. 402 Page 107
CORRECTED VERSION As Passed by the Senate
the Revised Code under permits which authorize sale for 3312
off-premises consumption only be permitted within this (precinct) 3313
(district)?" 3314
(2) "Shall the sale of beer as defined in section 4305.08 of 3315
the Revised Code under permits which authorize sale for 3316
on-premises consumption only, and under permits which authorize 3317
sale for both on-premises and off-premises consumption, be 3318
permitted in this (precinct) (district)?" 3319
The exact wording of the question as submitted and form of 3320
ballot as printed shall be determined by the board of elections in 3321
the county wherein the election is held, subject to approval of 3322
the secretary of state. 3323
Upon the request of an elector, a board of elections of a 3324
county that encompasses an election precinct or residence district 3325
shall furnish to the elector a copy of the instructions prepared 3326
by the secretary of state under division (P) of section 3501.05 of 3327
the Revised Code and, within fifteen days after the request, with 3328
a certificate indicating the number of valid signatures that will 3329
be required on a petition to hold a special election in that 3330
precinct or residence district on either or both of the questions 3331
specified in this section. 3332
The board shall provide to a petitioner, at the time the 3333
petitioner takes out a petition, the names of the streets and, if 3334
appropriate, the address numbers of residences and business 3335
establishments within the precinct or residence district in which 3336
the election is sought, and a form prescribed by the secretary of 3337
state for notifying affected permit holders of the circulation of 3338
a petition for an election for the submission of one or more of 3339
the questions specified in division (B)(A) of this section. The 3340
petitioner shall, not less than forty-five days before the 3341
petition-filing deadline for an election provided for in this 3342
section, file with the division of liquor control the information 3343
Am. Sub. H. B. No. 402 Page 108
CORRECTED VERSION As Passed by the Senate
regarding names of streets and, if appropriate, address numbers of 3344
residences and business establishments provided by the board of 3345
elections, and specify to the division the precinct or residence 3346
district that is concerned or that would be affected by the 3347
results of the election and the filing deadline. The division 3348
shall, within a reasonable period of time and not later than 3349
fifteen days before the filing deadline, supply the petitioner 3350
with a list of the names and addresses of permit holders who would 3351
be affected by the election. The list shall contain a heading with 3352
the following words: "liquor permit holders who would be affected 3353
by the question(s) set forth on a petition for a local option 3354
election." 3355
Within five days after receiving from the division the list 3356
of liquor permit holders who would be affected by the question or 3357
questions set forth on a petition for local option election, the 3358
petitioner shall, using the form provided by the board of 3359
elections, notify by certified mail each permit holder whose name 3360
appears on that list. The form for notifying affected permit 3361
holders shall require the petitioner to state the petitioner's 3362
name and street address and shall contain a statement that a 3363
petition is being circulated for an election for the submission of 3364
the question or questions specified in division (B) of this 3365
section. The form shall require the petitioner to state the 3366
question or questions to be submitted as they appear on the 3367
petition. 3368
The petitioner shall attach a copy of the list provided by 3369
the division to each petition paper. A part petition paper 3370
circulated at any time without the list of affected permit holders 3371
attached to it is invalid. 3372
At the time of filing the petition with the board of 3373
elections, the petitioner shall provide to the board of elections 3374
the list supplied by the division and an affidavit certifying that 3375
Am. Sub. H. B. No. 402 Page 109
CORRECTED VERSION As Passed by the Senate
the petitioner notified all affected permit holders on the list in 3376
the manner and within the time required in this section and that, 3377
at the time each signer of the petition signed the petition, the 3378
petition paper contained a copy of the list of affected permit 3379
holders. 3380
Within five days after receiving a petition calling for an 3381
election for the submission of the question or questions set forth 3382
in this section, the board of elections shall give notice by 3383
certified mail that it has received the petition to all liquor 3384
permit holders whose names appear on the list of affected permit 3385
holders filed by the petitioner as furnished by the division. 3386
Failure of the petitioner to supply the affidavit required by this 3387
section and a complete and accurate list of liquor permit holders 3388
as furnished by the division invalidates the entire petition. The 3389
board of elections shall provide to a permit holder who would be 3390
affected by a proposed local option election, on the permit 3391
holder's request, the names of the streets, and, if appropriate, 3392
the address numbers of residences and business establishments 3393
within the precinct or residence district in which the election is 3394
sought and that would be affected by the results of the election. 3395
The board may charge a reasonable fee for this information when 3396
provided to the petitioner and the permit holder. 3397
Upon presentation not later than four p.m. of the 3398
seventy-fifth day before the day of a general or primary election, 3399
of a petition to the board of elections of the county wherein such 3400
election is sought to be held, requesting the holding of such 3401
election on either or both of the questions specified in this 3402
section, signed by qualified electors of the precinct or residence 3403
district concerned equal in number to thirty-five per cent of the 3404
total number of votes cast in the precinct concerned for the 3405
office of governor at the preceding general election for that 3406
office, in the case of an election within a single precinct, or 3407
Am. Sub. H. B. No. 402 Page 110
CORRECTED VERSION As Passed by the Senate
equal in number to fifty-five per cent of the total number of 3408
votes cast in the residence district concerned for the office of 3409
governor at the preceding general election for that office, in the 3410
case of an election within a residence district, such board shall 3411
submit the question or questions specified in the petition to the 3412
electors of the precinct or residence district concerned, on the 3413
day of the next general or primary election, whichever occurs 3414
first. 3415
(C)(B) The board shall proceed as follows: 3416
(1) Such board shall, upon the filing of a petition under 3417
this section, but not later than the sixty-sixth day before the 3418
day of the election for which the question or questions on the 3419
petition would qualify for submission to the electors of the 3420
precinct or residence district, examine and determine the 3421
sufficiency of the signatures and review, examine, and determine 3422
the validity of such petition and, in case of overlapping precinct 3423
petitions or overlapping residence district petitions or 3424
overlapping precinct and residence district petitions presented 3425
within that period, determine which of the petitions shall govern 3426
the further proceedings of the board. In the case where the board 3427
determines that two or more overlapping petitions are valid, the 3428
earlier petition shall govern. The board shall certify the 3429
sufficiency of signatures contained in the petition as of the time 3430
of filing and the validity of any the petition determined to be 3431
valid. The board shall determine the validity of the petition as 3432
of the time of certification as described in division (B)(C)(1) of 3433
this section if the board finds the petition to be both sufficient 3434
and valid. 3435
(2) If the petition contains sufficient signatures and is 3436
valid, and, in case of overlapping precinct petitions or 3437
overlapping residence district petitions or overlapping precinct 3438
and residence district petitions, after the board has determined 3439
Am. Sub. H. B. No. 402 Page 111
CORRECTED VERSION As Passed by the Senate
the governing petition, the board shall order the holding of a 3440
special election in the precinct or residence district for the 3441
submission of the question or questions specified in the petition, 3442
on the day of the next general or primary election, whichever 3443
occurs first. 3444
(3) All petitions filed with a board of elections under this 3445
section shall be open to public inspection under regulations rules 3446
adopted by the board. 3447
(D)(C) Protest against a local option petition may be filed 3448
by any qualified elector eligible to vote on the question or 3449
questions specified in the petition or by a permit holder in the 3450
precinct or residence district as described in the petition, not 3451
later than four p.m. of the sixty-fourth day before the day of 3452
such general or primary election for which the petition qualified. 3453
Such protest must shall be in writing and shall be filed with the 3454
election officials with whom the petition was filed. Upon filing 3455
of such protest the election officials with whom it is filed shall 3456
promptly fix the time for hearing the same it, and shall forthwith 3457
mail notice of the filing of the protest and the time for hearing 3458
it to the person who filed the petition which is protested and to 3459
the person who filed the protest. At the time and place fixed, the 3460
election officials shall hear the protest and determine the 3461
validity of the petition. 3462
(E)(D) If a majority of the electors voting on the question 3463
in the precinct or residence district vote "yes" on question (1) 3464
or (2) as set forth in division (B)(A) of this section, the sale 3465
of beer as specified in that question shall be permitted in the 3466
precinct or residence district and no subsequent election shall be 3467
held in the precinct or residence district under this section on 3468
the same question for a period of at least two FOUR years from the 3469
date of the most recent election. 3470
If a majority of the electors voting on the question in the 3471
Am. Sub. H. B. No. 402 Page 112
CORRECTED VERSION As Passed by the Senate
precinct or residence district vote "no" on question (1) or (2) as 3472
set forth in division (B)(A) of this section, no C or D permit 3473
holder shall sell beer as specified in that question within the 3474
precinct or residence district during the period the election is 3475
in effect and no subsequent election shall be held in the precinct 3476
or residence district under this section on the same question for 3477
a period of at least two FOUR years from the date of the most 3478
recent election. 3479
Section 2. That existing sections 119.12, 2933.41, 3767.01, 3480
3767.03, 3767.05, 4301.01, 4301.25, 4301.252, 4301.32, 4301.321, 3481
4301.322, 4301.33, 4301.331, 4301.332, 4301.34, 4301.35, 4301.351, 3482
4301.352, 4301.353, 4301.354, 4301.36, 4301.361, 4301.362, 3483
4301.363, 4301.364, 4301.37, 4301.39, 4301.40, 4301.401, 4301.74, 3484
4303.021, 4303.181, 4303.202, 4303.26, 4303.261, 4303.29, 3485
4303.292, and 4305.14 and sections 4301.211 and 4301.73 of the 3486
Revised Code are hereby repealed. 3487
Section 3. Section 4301.252 of the Revised Code is presented 3488
in this act as a composite of the section as amended by both Am. 3489
Sub. S.B. 2 and Am. Sub. S.B. 162 of the 121st General Assembly, 3490
with the new language of neither of the acts shown in capital 3491
letters. Section 4303.181 of the Revised Code is presented in this 3492
act as a composite of the section as amended by both Am. Sub. S.B. 3493
149 and Am. Sub. S.B. 162 of the 121st General Assembly, with the 3494
new language of neither of the acts shown in capital letters. This 3495
is in recognition of the principle stated in division (B) of 3496
section 1.52 of the Revised Code that such amendments are to be 3497
harmonized where not substantively irreconcilable and constitutes 3498
a legislative finding that such are the resulting versions in 3499
effect prior to the effective date of this act. 3500
Section 4. If any provision of a section of this act or the 3501
application thereof to any person or circumstance is held invalid, 3502
Am. Sub. H. B. No. 402 Page 113
CORRECTED VERSION As Passed by the Senate
the invalidity does not affect other provisions or applications of 3503
the section or related sections that can be given effect without 3504
the invalid provision or application, and to this end the 3505
provisions are severable. 3506
Section 5. Until November 30, 1999, sections 4301.32 to 3507
3201.391, 4301.41, and 4305.14 of the Revised Code and the 3508
provisions for local option elections and the election on the 3509
question of the repeal of Section 9 of Article XV, Ohio 3510
Constitution, in section 4303.29 of the Revised Code, do not 3511
affect or prohibit the sale of beer or intoxicating liquor at any 3512
of the following: 3513
(A) The State Fairgrounds. As used in this section, "State 3514
Fairgrounds" means the property that is held by the state for the 3515
purpose of conducting fairs, expositions, and exhibits and that is 3516
maintained and managed by the Ohio Expositions Commission under 3517
section 991.03 of the Revised Code. 3518
(B) The Ohio Historical Society and Ohio Village, which are 3519
located contiguous to the State Fairgrounds in Columbus, Ohio. 3520
Section 6. That Section 6 of Am. Sub. H. B. 390 of the 122nd 3521
General Assembly is hereby repealed. 3522