As Passed by the House

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 262


REPRESENTATIVES Carmichael, Peterson, Seitz, Niehaus, Boccieri, Aslanides, Reinhard, Koziura, Buehrer, Calvert, D. Evans, Flowers, Gilb, Grendell, Kilbane, Schmidt, Taylor



A BILL
To amend sections 3501.10, 3501.28, 3509.07, 3513.30, 1
3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 2
of the Revised Code to revise the Election Law, 3
the Liquor Control Law, or the Collective 4
Bargaining Law by increasing the maximum poll 5
worker pay, permitting employees of the state and 6
of political subdivisions to work as judges of 7
elections and receive poll worker pay in addition 8
to their regular employment compensation under 9
certain circumstances, eliminating the required 10
ballot language describing certain past local 11
option elections when a local option election is 12
held on sales of alcoholic beverages at a specific 13
location, changing the ballot language for certain 14
of those local option elections to specify that 15
the election applies to spirituous liquor instead 16
of intoxicating liquor, establishing requirements 17
for protests against initiative or referendum 18
petitions, prohibiting collective bargaining 19
between county boards of elections and their 20
employees, and making other changes.21


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 3501.10, 3501.28, 3509.07, 3513.30, 22
3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 of the Revised23
Code be amended to read as follows:24

       Sec. 3501.10.  (A) The board of elections shall, as an25
expense of the board, provide suitable rooms for its offices and26
records and the necessary and proper furniture and supplies for27
suchthose rooms. The board may lease such offices and rooms,28
necessary to its operation, for suchthe length of time and upon 29
suchthe terms as the board deems in the best interests of the 30
public, provided that the term of any such lease shall not exceed 31
fifteen years. 32

       Thirty days prior to entering into such a lease, the board 33
shall notify the board of county commissioners in writing of its 34
intent to enter into the lease. The notice shall specify the terms 35
and conditions of the lease. Prior to the thirtieth day after 36
receiving that notice and before any lease is entered into, the 37
board of county commissioners may reject the proposed lease by a 38
majority vote. After receiving written notification of the 39
rejection by the board of county commissioners, the board of 40
elections shall not enter into the lease that was rejected, but 41
may immediately enter into additional lease negotiations, subject 42
to the requirements of this section.43

       The board of elections in any county may, by resolution, 44
request that the board of county commissioners submit to the 45
electors of the county, in accordance with section 133.18 of the 46
Revised Code, the question of issuing bonds for the acquisition of 47
real estate and the construction on it of a suitable building with48
necessary furniture and equipment for the proper administration of 49
the duties of the board of elections. The resolution declaring the 50
necessity for issuing such bonds shall relate only to the 51
acquisition of real estate and to the construction, furnishing, 52
and equipping of a building as provided in this division.53

       (B) The board of elections in each county shall keep its54
offices, or one or more of its branch registration offices, open55
for the performance of its duties an additional seven hours each 56
week for three weeks before the closeuntil nine p.m. on the last 57
day of registration before a general or primary election. At all 58
other times during each week, the board shall keep its offices and 59
rooms open for a period of time that suchthe board considers 60
necessary for the performance of its duties.61

       (C) The board of elections may maintain permanent or 62
temporary branch offices at any place within the county.63

       Sec. 3501.28.  (A) As used in this section:64

       (1) "Fair Labor Standards Act" or "Act" means the "Fair Labor65
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as 66
amended.67

       (2) "Full election day" means the period of time between the 68
opening of the polls and the completion of the procedures 69
contained in section 3501.26 of the Revised Code.70

       (3) "Services" means services at each general, primary, or 71
special election. 72

       (B) For any election held in 1997 on or after the effective 73
date of this amendment, each judge of an election in a county 74
shall be paid for the judge's services at the same hourly rate, 75
which shall be the minimum hourly rate established by the Fair 76
Labor Standards Act.77

       (C) Beginning with calendar year 1998, each judge of an 78
election in a county shall be paid for the judge's services at the 79
same hourly rate, which shall be not less than the minimum hourly 80
rate established by the Fair Labor Standards Act and not more than 81
eighty-five dollars per diem.82

       (C) Beginning with calendar year 2004, each judge of an 83
election in a county shall be paid for the judge's services at the 84
same hourly rate, which shall be not less than the minimum hourly 85
rate established by the Fair Labor Standards Act and not more than 86
ninety-five dollars per diem.87

       (D) Beginning with calendar year 1998, theThe secretary of 88
state shall establish, by rule adopted under section 111.15 of the89
Revised Code, the maximum amount of per diem compensation that may 90
be paid to judges of an election under this section each time the 91
Fair Labor Standards Act is amended to increase the minimum hourly 92
rate established by the act. Upon learning of such an increase, 93
the secretary of state shall determine by what percentage the 94
minimum hourly rate has been increased under the act and establish 95
a new maximum amount of per diem compensation that judges of an 96
election may be paid under this section that is increased by the 97
same percentage that the minimum hourly rate has been increased 98
under the act.99

       (E)(1) Beginning with calendar year 1990, noNo board of 100
elections shall increase the pay of a judge of an election under101
this section during a calendar year unless the board has given 102
written notice of the proposed increase to the board of county 103
commissioners not later than the first day of October of the 104
preceding calendar year. Beginning with calendar year 1998, except105
Except as otherwise provided in division (E)(2) of this section, 106
no board of elections shall increase the pay of a judge of an 107
election during a calendar year by more than nine per cent over 108
the compensation paid to a judge of an election in the county 109
where the board is located during the previous calendar year.110

       (2) The board of county commissioners may review and comment111
upon a proposed increase and may enter into a written agreement 112
with a board of elections to permit an increase in the 113
compensation paid to judges of an election for their services 114
during a calendar year that is greater than the nine per cent 115
limitation described in division (E)(1) of this section.116

       (F) No judge of an election who works less than the full 117
election day shall be paid the maximum amount allowed under this 118
section or the maximum amount as set by the board of elections, 119
whichever is less.120

       (G)(1) Except as otherwise provided in divisions (G)(3) and 121
(4) of this section, any employee of the state or of any political 122
subdivision of the state may serve as a judge of elections on the 123
day of an election without loss of the employee's regular 124
compensation for that day as follows:125

       (a) For employees of a county office, department, commission, 126
board, or other entity, or of a court of common pleas, county 127
court, or county-operated municipal court, as defined in section 128
1901.03 of the Revised Code, the employee's appointing authority 129
may permit leave with pay for this service in accordance with a 130
resolution setting forth the terms and conditions for that leave 131
passed by the board of county commissioners.132

       (b) For all other employees of a political subdivision of the 133
state, leave with pay for this service shall be subject to the 134
terms and conditions set forth in an ordinance or a resolution 135
passed by the legislative authority of the applicable political 136
subdivision.137

       (c) For state employees, leave with pay for this service 138
shall be subject to the terms and conditions set forth by the head 139
of the state agency, as defined in section 1.60 of the Revised 140
Code, by which the person is employed.141

       (2) Any employee who is eligible for leave with pay under 142
division (G)(1) of this section shall receive, in addition to the 143
employee's regular compensation, the compensation paid to the 144
judge of an election under division (B), (C), or (D) of this 145
section.146

       (3) Division (G)(1) of this section does not apply to either 147
of the following:148

       (a) Election officials;149

       (b) Public school teachers.150

       (4) Nothing in division (G)(1) of this section supersedes or 151
negates any provision of a collective bargaining agreement in 152
effect under Chapter 4117. of the Revised Code.153

       (H) The board of elections may withhold the compensation of154
any precinct official for failure to obey the instructions of the155
board or to comply with the law relating to the duties of such156
precinct judge. Any payment a judge of an election is entitled to 157
receive under section 3501.36 of the Revised Code is in addition 158
to the compensation the judge is entitled to receive under this159
section.160

       Sec. 3509.07.  If election officials find that the statement161
accompanying an absent voter's ballot or absent voter's162
presidential ballot is insufficient, that the signatures do not163
correspond with the person's registration signature, that the164
applicant is not a qualified elector in the precinct, that the165
ballot envelope contains more than one ballot of any one kind, or166
any voted ballot that the elector is not entitled to vote,, or167
that Stub A is detached from the absent voter's ballot or absent168
voter's presidential ballot, the vote shall not be accepted or169
counted. Whenever it appears to the election officials by170
sufficient proof that any elector who has marked and forwarded the 171
elector's ballot as provided in section 3509.05 of the Revised172
Code has died, the ballot of the deceased voter shall not be173
counted. The vote of any absent voter may be challenged for cause174
in the same manner as other votes are challenged, and the election175
officials shall determine the legality of that ballot. Every176
ballot not counted shall be indorsed on its back "Not Counted"177
with the reasons the ballot was not counted, and shall be enclosed178
and returned to or retained by the board of elections along with 179
the contested ballots.180

       Sec. 3513.30.  (A)(1) WhereIf only one valid declaration of181
candidacy is filed for nomination as a candidate of a political182
party for an office and suchthat candidate dies prior to the 183
tenth day before the primary election, both of the following may184
occur:185

       (a) The political party whose candidate died may fill the186
vacancy so created as provided in division (A)(2) of this section.187

       (b) Any major political party other than the one whose188
candidate died may select a candidate as provided in division189
(A)(2) of this section under either of the following190
circumstances:191

       (i) No person has filed a valid declaration of candidacy for192
nomination as that party's candidate at the primary election.193

       (ii) Only one person has filed a valid declaration of194
candidacy for nomination as that party's candidate at the primary195
election, that person has withdrawn, died, or been disqualified196
under section 3513.052 of the Revised Code, and the vacancy so197
created has not been filled.198

       (2) A vacancy may be filled under division (A)(1)(a) and a199
selection may be made under division (A)(1)(b) of this section by200
the appropriate committee of the political party in the same201
manner as provided in divisions (A) to (E) of section 3513.31 of 202
the Revised Code for the filling of similar vacancies created by 203
withdrawals or disqualifications under section 3513.052 of the204
Revised Code after the primary election, except that the205
certification required under that section may not be filed with206
the secretary of state, or with a board of the most populous207
county of a district, or with the board of a county in which the208
major portion of the population of a subdivision is located, later209
than four p.m. of the tenth day before the day of such primary210
election, or with any other board later than four p.m. of the211
fifth day before the day of such primary election.212

       (3) If only one valid declaration of candidacy is filed for213
nomination as a candidate of a political party for an office and214
that candidate dies on or after the tenth day before the day of215
the primary election, that candidate is considered to have216
received the nomination of that candidate's political party at217
that primary election, and, for purposes of filling the vacancy so218
created, that candidate's death shall be treated as if that219
candidate died on the day after the day of the primary election.220

       (B) Any person filing a declaration of candidacy may withdraw 221
as such candidate at any time prior to the fortieth day before the222
primary election, or, if the primary election is a presidential 223
primary election, at any time prior to the fiftieth day before the224
presidential primary election. The withdrawal shall be effected225
and the statement of withdrawal shall be filed in accordance with226
the procedures prescribed in division (D) of this section for the227
withdrawal of persons nominated in a primary election or by228
nominating petition.229

       (C) A person who is the first choice for president of the230
United States by a candidate for delegate or alternate to a231
national convention of a political party may withdraw consent for232
the selection of the person as such first choice no later than233
four p.m. of the thirtieth day before the day of the presidential234
primary election. Withdrawal of consent shall be for the entire235
slate of candidates for delegates and alternates who named such236
person as their presidential first choice and shall constitute237
withdrawal from the primary election by such delegates and238
alternates. The withdrawal shall be made in writing and delivered239
to the secretary of state. The boards of elections shall remove240
both the name of the withdrawn first choice and the names of such241
withdrawn candidates from the ballots to the extent practicable in242
the time remaining before the election and according to the243
directions of the secretary of state. If such names are not244
removed from all ballots before the day of the election, the votes245
for the withdrawn first choice or candidates are void and shall246
not be counted.247

       (D) Any person nominated in a primary election or by248
nominating petition as a candidate for election at the next249
general election may withdraw as such candidate at any time prior250
to the fortieth day before the general election. Such withdrawal 251
may be effected by the filing of a written statement by such 252
candidate announcing the candidate's withdrawal and requesting 253
that the candidate's name not be printed on the ballots. If such 254
candidate's declaration of candidacy or nominating petition was 255
filed with the secretary of state, the candidate's statement of256
withdrawal shall be addressed to and filed with the secretary of 257
state. If such candidate's declaration of candidacy or nominating 258
petition was filed with a board of elections, the candidate's 259
statement of withdrawal shall be addressed to, and filed with such260
that board.261

       (E) When a person withdraws under division (B) or (D) of this 262
section, the board of elections shall remove the name of the263
withdrawn candidate from the ballots to the extent practicable in264
the time remaining before the election and according to the265
directions of the secretary of state. If the name is not removed266
from all ballots before the day of the election, the votes for the267
withdrawn candidate are void and shall not be counted.268

       Sec. 3519.16. If theThe circulator of any part-petition, 269
the committee interested thereinin the petition, or any elector 270
filesmay file with the board of elections a protest against the 271
board's findings made pursuant to section 3519.15 of the Revised 272
Code, then. Protests shall be in writing and shall specify reasons 273
for the protest. Protests for all initiative and referendum 274
petitions other than those to be voted on by electors throughout 275
the entire state shall be filed not later than four p.m. of the 276
sixty-fourth day before the day of the election. Once a protest is 277
filed, the board shall proceed to establish the sufficiency or 278
insufficiency of the signatures and of the verification thereofof 279
those signatures in an action before the court of common pleas in 280
the county. SuchThe action mustshall be brought within three 281
days after the protest has beenis filed, and the caseit shall be 282
heard forthwith by a judge of suchthat court, whose decision 283
shall be certified to the board. The signatures whichthat are 284
adjudged sufficient or the part-petitions whichthat are adjudged285
properly verified shall be included with the others by the board,286
and those found insufficient and all those part-petitions which287
that are adjudged not properly verified shall not be included. The288

       The properly verified part-petitions, together with the 289
report of the board, shall be returned to the secretary of state 290
not less than fifty days before the election, provided that, in 291
the case of an initiated law to be presented to the general 292
assembly, the boards shall promptly check and return the petitions 293
together with their report. The secretary of state shall notify 294
the chairmanchairperson of the committee in charge of the 295
circulation as to the sufficiency or insufficiency of the petition 296
and the extent of the insufficiency. If297

       If the petition is found insufficient because of an 298
insufficient number of valid signatures, suchthe committee shall299
be allowed ten additional days after suchthe notification by the300
secretary of state for the filing of additional signatures to such301
the petition. The part-petitions of the supplementary petition302
whichthat appear to the secretary of state to be properly 303
verified, upon their receipt thereof by the secretary of state, 304
shall forthwith be forwarded to the boards of the several counties 305
together with the part-petitions of the original petition which306
that have been properly verified, and. They shall be immediately 307
examined and passed upon as to the validity and sufficiency of the 308
signatures thereonon them by each of suchthe boards and returned 309
within five days to the secretary of state with the boards' report 310
of each board. No signature on a supplementary part-petition which311
that is the same as a signature on an original part-petition shall 312
be counted. The number of signatures in both the original and 313
supplementary petitions, properly verified, shall be used by the 314
secretary of state in determining the total number of signatures 315
to the petition which hethat the secretary of state shall record 316
and announce. If they are sufficient, then suchthe amendment, 317
proposed law, or law shall be placed on the ballot as required by 318
law. If the petition is found insufficient, the secretary of state 319
shall notify the committee in charge of the circulation of the 320
petition.321

       Sec. 4117.03.  (A) Public employees have the right to:322

       (1) Form, join, assist, or participate in, or refrain from323
forming, joining, assisting, or participating in, except as324
otherwise provided in Chapter 4117. of the Revised Code, any325
employee organization of their own choosing;326

       (2) Engage in other concerted activities for the purpose of 327
collective bargaining or other mutual aid and protection;328

       (3) Representation by an employee organization;329

       (4) Bargain collectively with their public employers to330
determine wages, hours, terms and other conditions of employment331
and the continuation, modification, or deletion of an existing332
provision of a collective bargaining agreement, and enter into333
collective bargaining agreements;334

       (5) Present grievances and have them adjusted, without the335
intervention of the bargaining representative, as long as the336
adjustment is not inconsistent with the terms of the collective337
bargaining agreement then in effect and as long as the bargaining338
representatives have the opportunity to be present at the339
adjustment.340

       (B) Persons on active duty or acting in any capacity as341
members of the organized militia do not have collective bargaining 342
rights.343

       (C) NothingExcept as provided in division (D) of this 344
section, nothing in Chapter 4117. of the Revised Code prohibits345
public employers from electing to engage in collective bargaining, 346
to meet and confer, to hold discussions, or to engage in any other 347
form of collective negotiations with public employees who are not 348
subject to Chapter 4117. of the Revised Code pursuant to division 349
(C) of section 4117.01 of the Revised Code.350

       (D) A public employer shall not engage in collective 351
bargaining or other forms of collective negotiations with the 352
employees of county boards of elections referred to in division 353
(C)(12) of section 4117.01 of the Revised Code.354

       Sec. 4301.323.  The electors of an election precinct may355
exercise the privilege of local option on the sale of beer and any 356
intoxicating, wine and mixed beverages, or spirituous liquor at a 357
particular location within the precinct if the petitioner for 358
local option election is one of the following:359

       (A) An applicant for the issuance or transfer of a liquor360
permit at, or to, a particular location within the precinct;361

       (B) The holder of a liquor permit at a particular location362
within the precinct;363

       (C) A person who operates or seeks to operate a liquor agency 364
store at a particular location within the precinct;365

       (D) The designated agent for an applicant, liquor permit366
holder, or liquor agency store described in division (A), (B), or 367
(C) of this section.368

       The privilege conferred by this section is in addition to the 369
privilege conferred on the electors of precincts under section 370
4301.32, 4301.321, 4301.322, or 4305.14 of the Revised Code.371

       Sec. 4301.355.  (A) If a petition is filed under section372
4301.333 of the Revised Code for the submission of the question or373
questions set forth in this section, it shall be held in the374
precinct as ordered by the board of elections under that section.375
The expense of holding the election shall be charged to the376
municipal corporation or township of which the precinct is a part.377

       (B) At the election, one or more of the following questions,378
as designated in a valid petition, shall be submitted to the379
electors of the precinct:380

       (1) "Shall the sale of .......... (insert beer, wine and381
mixed beverages, or intoxicatingspirituous liquor) be permitted382
by .......... (insert name of applicant, liquor permit holder, or383
liquor agency store, including trade or fictitious name under384
which applicant for, or holder of, liquor permit or liquor agency385
store either intends to do, or does, business at the particular386
location), an .......... (insert "applicant for" or "holder of" or387
"operator of") a .......... (insert class name of liquor permit or388
permits followed by the words "liquor permit(s)" or, if389
appropriate, the words "liquor agency store for the State of390
Ohio"), who is engaged in the business of .......... (insert 391
general nature of the business in which applicant or liquor permit392
holder is engaged or will be engaged in at the particular 393
location, as described in the petition) at .......... (insert 394
address of the particular location within the precinct as set 395
forth in the petition) in this precinct?"396

       (2) "Shall the sale of .......... (insert beer, wine and397
mixed beverages, or intoxicatingspirituous liquor) be permitted 398
for sale on Sunday between the hours of .......... (insert "ten 399
a.m. and midnight" or "one p.m. and midnight") by .......... 400
(insert name of applicant, liquor permit holder, or liquor agency 401
store, including trade or fictitious name under which applicant 402
for, or holder of, liquor permit or liquor agency store either 403
intends to do, or does, business at the particular location), an 404
...... (insert "applicant for a D-6 liquor permit," "holder of a405
D-6 liquor permit," "applicant for or holder of an A-1-A, A-2, 406
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, 407
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 liquor permit," if only the 408
approval of beer sales is sought, or "liquor agency store") who is 409
engaged in the business of .......... (insert general nature of410
the business in which applicant or liquor permit holder is engaged 411
or will be engaged in at the particular location, as described in 412
the petition) at .......... (insert address of the particular 413
location within the precinct) in this precinct?"414

       (C) If the sale of beer, wine and mixed beverages, or415
intoxicating liquor has been approved at a particular location416
within the precinct at a previous election held under this417
section, the ballot also shall include the following statement:418

       "At a previous election held under section 4301.355 of the419
Revised Code, the electors approved the sale of .......... (insert420
beer, wine and mixed beverages, or intoxicating liquor, as421
appropriate) at .......... (insert business name and address of 422
the particular location or locations within the precinct where 423
that sale has been approved at a previous election under section424
4301.355 of the Revised Code)."425

       (D) The board of elections shall furnish printed ballots at426
the election as provided under section 3505.06 of the Revised427
Code, except that a separate ballot shall be used for the election428
under this section. The question and, if applicable, the statement429
set forth in this section shall be printed on each ballot, and the430
board shall insert in the question and statement appropriate words431
to complete eachit. Votes shall be cast as provided under section432
3505.06 of the Revised Code.433

       Sec. 4301.365. (A) If a majority of the electors in a434
precinct vote "yes" on questions (B)(1) and (2) as set forth in435
section 4301.355 of the Revised Code, the sale of beer, wine and436
mixed beverages, or intoxicatingspirituous liquor, whichever was 437
the subject of the election, shall be allowed at the particular 438
location and for the use, and during the hours on Sunday, 439
specified in the questions under each permit applied for by the 440
petitioner or at the address listed for the liquor agency store 441
subject only to Chapters 4301.this chapter and Chapter 4303. of442
the Revised Code. Failure to continue to use the particular 443
location for any proposed or stated use set forth in the petition 444
is grounds for the denial of a renewal of the liquor permit under445
division (A) of section 4303.271 of the Revised Code or is grounds 446
for the nonrenewal or cancellation of the liquor agency store 447
contract by the division of liquor control, except in the case 448
where the liquor permit holder or liquor agency store decides to 449
cease the sale of beer, wine and mixed beverages, or intoxicating450
spirituous liquor, whichever was the subject of the election, on451
Sundays.452

       (B) If a majority of the electors in a precinct vote "yes" on 453
question (B)(1) and "no" on question (B)(2) as set forth in454
section 4301.355 of the Revised Code, the sale of beer, wine and455
mixed beverages, or intoxicatingspirituous liquor, whichever was 456
the subject of the election, shall be allowed at the particular 457
location for the use specified in question (B)(1) of section 458
4301.355 of the Revised Code and under each permit applied for by 459
the petitioner, except for a D-6 permit, subject only to Chapters 460
4301.this chapter and Chapter 4303. of the Revised Code.461

       (C) If a majority of the electors in a precinct vote "no" on462
question (B)(1) as set forth in section 4301.355 of the Revised463
Code, no sales of beer, wine and mixed beverages, or intoxicating464
spirituous liquor, whichever was the subject of the election, 465
shall be allowed at the particular location for the use specified 466
in the petition during the period the election is in effect as 467
defined in section 4301.37 of the Revised Code.468

       (D) If a majority of the electors in a precinct vote only on469
question (B)(2) as set forth in section 4301.355 of the Revised 470
Code and that vote results in a majority "yes" vote, sales of471
beer, wine and mixed beverages, or intoxicatingspirituous liquor, 472
whichever was the subject of the election, shall be allowed at the473
particular location for the use and during the hours specified in474
the petition on Sunday during the period the election is in effect475
as defined in section 4301.37 of the Revised Code.476

       (E) If a majority of the electors in a precinct vote only on477
question (B)(2) as set forth in section 4301.355 of the Revised478
Code and that vote results in a majority "no" vote, no sales of479
beer, wine and mixed beverages, or intoxicatingspirituous liquor, 480
whichever was the subject of the election, shall be allowed at the481
particular location for the use and during the hours specified in482
the petition on Sunday during the period the election is in effect483
as defined in section 4301.37 of the Revised Code.484

       (F) In case of elections in the same precinct for the485
question or questions set forth in section 4301.355 of the Revised486
Code and for a question or questions set forth in section 4301.35,487
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised488
Code, the results of the election held on the question or489
questions set forth in section 4301.355 of the Revised Code shall490
apply to the particular location notwithstanding the results of491
the election held on the question or questions set forth in492
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14493
of the Revised Code.494

       (G) Sections 4301.32 to 4301.41 of the Revised Code do not495
prohibit the transfer of ownership of a permit that was issued to496
a particular location as the result of an election held on sales497
of beer, wine and mixed beverages, spirituous liquor, or 498
intoxicating liquor at that particular location as long as the 499
general nature of the business at that particular location 500
described in the petition for that election remains the same after 501
the transfer.502

       Section 2.  That existing sections 3501.10, 3501.28, 3509.07,503
3513.30, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 of504
the Revised Code are hereby repealed.505