As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 131

Senators Mumper, Dann, Zurz 

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A BILL

To amend sections 4301.333, 4301.334, 4301.351,

1

4301.354, 4301.355, 4301.356, 4301.361, 4301.364,

2

4301.365, 4301.366, 4301.62, 4301.99, and 4303.182

3

and to enact section 4301.65 of the Revised Code

4

to authorize certain Sunday liquor sales to begin

5

at 11 a.m. even if these sales previously were

6

approved by the voters to commence at 1 p.m., to

7

change from 1 p.m. to 11 a.m. the time at which

8

Sunday liquor sales may start as specified in

9

certain local option questions submitted to the

10

voters, to prohibit the sale, offering for sale,

11

purchase, and use of alcohol vaporizing devices,

12

and to allow opened bottles of wine that are

13

purchased at restaurants to be transported in

14

vehicles under certain conditions.

15

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

Section 1. That sections 4301.333, 4301.334, 4301.351,	16
4301.354, 4301.355, 4301.356, 4301.361, 4301.364, 4301.365,	17
4301.366, 4301.62, 4301.99, and 4303.182 be amended and section	18
4301.65 of the Revised Code be enacted to read as follows:	19

Sec. 4301.333.  (A) The privilege of local option conferred	20
by section 4301.323 of the Revised Code may be exercised if, not	21
later than four p.m. of the seventy-fifth day before the day of a	22
general or primary election, a petition is presented to the board	23
of elections of the county in which the precinct is situated by a	24
petitioner who is one of the following:	25

(1) An applicant for the issuance or transfer of a liquor	26
permit at, or to, a particular location within the precinct;	27

(2) The holder of a liquor permit at a particular location	28
within the precinct;	29

(3) A person who operates or seeks to operate a liquor agency	30
store at a particular location within the precinct;	31

(4) The designated agent for an applicant, liquor permit	32
holder, or liquor agency store described in division (A)(1), (2),	33
or (3) of this section.	34

(B) The petition shall be signed by the electors of the	35
precinct equal in number to at least thirty-five per cent of the	36
total number of votes cast in the precinct for the office of	37
governor at the preceding general election for that office and	38
shall contain all of the following:	39

(1) A notice that the petition is for the submission of the	40
question or questions set forth in section 4301.355 of the Revised	41
Code;	42

(2) The name of the applicant for the issuance or transfer,	43
or the holder, of the liquor permit or, if applicable, the name of	44
the liquor agency store, including any trade or fictitious names	45
under which the applicant, holder, or liquor agency store either	46
intends to do or does business at the particular location;	47

(3) The address and proposed use of the particular location	48
within the election precinct to which the results of the question	49
or questions specified in section 4301.355 of the Revised Code	50
shall apply. For purposes of this division, "use" means all of the	51
following:	52

(a) The type of each liquor permit applied for by the	53
applicant or held by the liquor permit holder as described in	54
sections 4303.11 to 4303.183 of the Revised Code, including a	55
description of the type of beer or intoxicating liquor sales	56
authorized by each permit as provided in those sections;	57

(b) If a liquor agency store, the fact that the business	58
operated as a liquor agency store authorized to operate by this	59
state;	60

(c) A description of the general nature of the business of	61
the applicant, liquor permit holder, or liquor agency store.	62

(4) If the petition seeks approval of Sunday sales under	63
question (B)(2) as set forth in section 4301.355 of the Revised	64
Code, a statement indicating whether the hours of sale sought are	65
between ten a.m. and midnight or between one p.m.eleven a.m. and	66
midnight.	67

(C)(1) At the time the petitioner files the petition with the	68
board of elections, the petitioner shall provide to the board both	69
of the following:	70

(a) An affidavit that is signed by the petitioner and that	71
states the proposed use of the location following the election	72
held to authorize the sale of beer or intoxicating liquor	73
authorized by each permit as provided in sections 4303.11 to	74
4303.183 of the Revised Code;	75

(b) Written evidence of the designation of an agent by the	76
applicant, liquor permit holder, or liquor agency store described	77
in division (A)(1), (2), or (3) of this section for the purpose of	78
petitioning for the local option election, if the petitioner is	79
the designated agent of the applicant, liquor permit holder, or	80
liquor agency store.	81

(2) Failure to supply the affidavit, or the written evidence	82
of the designation of the agent if the petitioner for the local	83
option election is the agent of the applicant, liquor permit	84
holder, or liquor agency store described in division (A)(1), (2),	85
or (3) of this section, at the time the petition is filed	86
invalidates the entire petition.	87

(D) Not later than the sixty-sixth day before the day of the	88
next general or primary election, whichever occurs first, the	89
board shall examine and determine the sufficiency of the	90
signatures and the validity of the petition. If the board finds	91
that the petition contains sufficient signatures and in other	92
respects is valid, it shall order the holding of an election in	93
the precinct on the day of the next general or primary election,	94
whichever occurs first, for the submission of the question or	95
questions set forth in section 4301.355 of the Revised Code.	96

(E) A petition filed with the board of elections under this	97
section shall be open to public inspection under rules adopted by	98
the board.	99

(F) An elector who is eligible to vote on the question or	100
questions set forth in section 4301.355 of the Revised Code may	101
file, not later than four p.m. of the sixty-fourth day before the	102
day of the election at which the question or questions will be	103
submitted to the electors, a protest against a local option	104
petition circulated and filed pursuant to this section. The	105
protest shall be in writing and shall be filed with the election	106
officials with whom the petition was filed. Upon the filing of the	107
protest, the election officials with whom it is filed shall	108
promptly establish a time and place for hearing the protest and	109
shall mail notice of the time and place for the hearing to the	110
applicant for, or the holder of, the liquor permit who is	111
specified in the petition and to the elector who filed the	112
protest. At the time and place established in the notice, the	113
election officials shall hear the protest and determine the	114
validity of the petition.	115

Sec. 4301.334.  (A) The privilege of local option conferred	116
by section 4301.324 of the Revised Code may be exercised if, not	117
later than four p.m. of the seventy-fifth day before the day of a	118
general or primary election, a petition and other information	119
required by division (B) of this section are presented to the	120
board of elections of the county in which the community facility	121
named in the petition is located. The petition shall be signed by	122
electors of the municipal corporation or unincorporated area of	123
the township in which the community facility is located equal in	124
number to at least ten per cent of the total number of votes cast	125
in the municipal corporation or unincorporated area of the	126
township in which the community facility is located for the office	127
of governor at the most recent general election for that office	128
and shall contain both of the following:	129

(1) A notice that the petition is for the submission of the	130
question set forth in section 4301.356 of the Revised Code and a	131
statement indicating whether the hours of Sunday sales sought in	132
the local option election are between ten a.m. and midnight or	133
between eleven a.m. and midnight;	134

(2) The name and address of the community facility for which	135
the local option election is sought and, if the community facility	136
is a community entertainment district, the boundaries of the	137
district.	138

(B) Upon the request of a petitioner, a board of elections of	139
a county shall furnish to the petitioner a copy of the	140
instructions prepared by the secretary of state under division (P)	141
of section 3501.05 of the Revised Code and, within fifteen days	142
after the request, a certificate indicating the number of valid	143
signatures that will be required on a petition to hold an election	144
in the municipal corporation or unincorporated area of the	145
township in which the community facility is located on the	146
question specified in section 4301.356 of the Revised Code.	147

The petitioner shall, not less than thirty days before the	148
petition-filing deadline for an election on the question specified	149
in section 4301.356 of the Revised Code, specify to the division	150
of liquor control the name and address of the community facility	151
for which the election is sought and, if the community facility is	152
a community entertainment district, the boundaries of the	153
district, the municipal corporation or unincorporated area of a	154
township in which the election is sought, and the filing deadline.	155
The division shall, within a reasonable period of time and not	156
later than ten days before the filing deadline, supply the	157
petitioner with the name and address of any permit holder for or	158
within the community facility.	159

The petitioner shall file the name and address of any permit	160
holder who would be affected by the election at the time the	161
petitioner files the petition with the board of elections. Within	162
five days after receiving the petition, the board shall give	163
notice by certified mail to any permit holder within the community	164
facility that it has received the petition. Failure of the	165
petitioner to supply the name and address of any permit holder for	166
or within the community facility as furnished to the petitioner by	167
the division invalidates the petition.	168

(C) Not later than the sixty-sixth day before the day of the	169
next general or primary election, whichever occurs first, the	170
board shall examine and determine the sufficiency of the	171
signatures on the petition. If the board finds that the petition	172
is valid, it shall order the holding of an election in the	173
municipal corporation or unincorporated area of a township on the	174
day of the next general or primary election, whichever occurs	175
first, for the submission of the question set forth in section	176
4301.356 of the Revised Code.	177

(D) A petition filed with a board of elections under this	178
section shall be open to public inspection under rules adopted by	179
the board.	180

(E) An elector who is eligible to vote on the question set	181
forth in section 4301.356 of the Revised Code or any permit holder	182
for or within the community facility may, not later than four p.m.	183
of the sixty-fourth day before the day of the election at which	184
the question will be submitted to the electors, file a written	185
protest against the local option petition with the board of	186
elections with which the petition was filed. Upon the filing of	187
the protest, the board shall promptly fix a time and place for	188
hearing the protest and shall mail notice of the time and place to	189
the person who filed the petition and to the person who filed the	190
protest. At the time and place fixed, the board shall hear the	191
protest and determine the validity of the petition.	192

Sec. 4301.351.  (A) If a petition is for submission of the	193
question of whether the sale of intoxicating liquor shall be	194
permitted on Sunday, a special election shall be held in the	195
precinct at the time fixed as provided in section 4301.33 of the	196
Revised Code. The expenses of holding the election shall be	197
charged to the municipal corporation or township of which the	198
precinct is a part.	199

(B) At the election, one or more of the following questions,	200
question (B)(1), (B)(2), or (B)(3) as designated in a valid	201
petition or question (B)(4) as submitted by the legislative	202
authority of a municipal corporation or the board of trustees of a	203
township, shall be submitted to the electors of the precinct:	204

(1) "Shall the sale of intoxicating liquor, of the same types	205
as may be legally sold in this precinct on other days of the week,	206
be permitted in this ........ for consumption on the premises	207
where sold, between the hours of one p.m.eleven a.m. and midnight	208
on Sunday?"	209

(2) "Shall the sale of intoxicating liquor, of the same types	210
as may be legally sold in this precinct on other days of the week,	211
be permitted in this ........ for consumption on the premises	212
where sold, between the hours of one p.m.eleven a.m. and midnight	213
on Sunday, at licensed premises where the sale of food and other	214
goods and services exceeds fifty per cent of the total gross	215
receipts of the permit holder at the premises?"	216

(3) "Shall the sale of wine and mixed beverages, of the same	217
types as may be legally sold in this precinct on other days of the	218
week, be permitted in this ........ for consumption off the	219
premises where sold, between the hours of one p.m.eleven a.m. and	220
midnight on Sunday?"	221

(4) "Shall the sale of intoxicating liquor, of the same types	222
as may be legally sold in this precinct on other days of the week,	223
be permitted in this ....... for consumption on the premises where	224
sold, between the hours of one p.m. and midnight on Sunday, at	225
outdoor performing arts centers, as defined in section 4303.182 of	226
the Revised Code, that have been issued a D-6 permit?"	227

Question (B)(4) shall be presented to the electors of a	228
precinct in which an outdoor performing arts center is located	229
only if the legislative authority of the municipal corporation in	230
which, or the board of trustees of the township in which, the	231
outdoor performing arts center is located submits, not later than	232
four p.m. of the seventy-fifth day before the day of a primary or	233
general election that occurs within two years after the effective	234
date of this amendmentApril 9, 2001, to the board of elections of	235
the county in which the precinct is located, a copy of an	236
ordinance or resolution requesting the submission of that question	237
to the electors of the precinct. An election on question (B)(4)	238
may not be sought by a petition under section 4301.33 of the	239
Revised Code.	240

(C) At the election, one or more of the following questions,	241
as designated in a valid petition, shall be submitted to the	242
electors of the precinct:	243

(1) "Shall the sale of intoxicating liquor, of the same types	244
as may be legally sold in this precinct on other days of the week,	245
be permitted in this ........ for consumption on the premises	246
where sold, between the hours of ten a.m. and midnight on Sunday?"	247

(2) "Shall the sale of intoxicating liquor, of the same types	248
as may be legally sold in this precinct on other days of the week,	249
be permitted in this ........ for consumption on the premises	250
where sold, between the hours of ten a.m. and midnight on Sunday,	251
at licensed premises where the sale of food and other goods and	252
services exceeds fifty per cent of the total gross receipts of the	253
permit holder at the premises?"	254

(3) "Shall the sale of wine and mixed beverages, of the same	255
types as may be legally sold in this precinct on other days of the	256
week, be permitted in this ........ for consumption off the	257
premises where sold, between the hours of ten a.m. and midnight on	258
Sunday?"	259

(D) No C or D permit holder who first applied for such a	260
permit after April 15, 1982, shall sell beer on Sunday unless the	261
sale of intoxicating liquor is authorized in the precinct or	262
portion of the precinct at an election on question (B)(1), (B)(2),	263
or (B)(3) of this section, on question (C)(1), (C)(2), or (C)(3)	264
of this section, on question (B)(1), (B)(2), or (B)(3) of section	265
4301.354 of the Revised Code, on question (C)(1), (C)(2), or	266
(C)(3) of section 4301.354 of the Revised Code, or on question	267
(B)(2) of section 4301.355 of the Revised Code. No D-6 permit is	268
required for the sale of beer on Sunday.	269

The board of elections to which the petition is presented	270
shall furnish printed ballots at the election in accordance with	271
section 3505.06 of the Revised Code, and separate ballots shall be	272
used for the special election under this section. One or more of	273
the questions prescribed by divisions (B) and (C) of this section,	274
as designated in the petition, shall be set forth on each ballot,	275
and the board shall insert in each question the name or an	276
accurate description of the precinct in which the election is to	277
be held. Votes shall be cast as provided in section 3505.06 of the	278
Revised Code.	279

Sec. 4301.354.  (A) If a petition is filed under section	280
4301.332 of the Revised Code for the submission of one or more	281
questions set forth in this section, a special election shall be	282
held in the precinct as ordered by the board of elections under	283
that section. The expense of holding the special election shall be	284
charged to the municipal corporation or township of which the	285
precinct is a part.	286

(B) At the election, one or more of the following questions,	287
as designated in a valid petition, shall be submitted to the	288
electors of the precinct concerning Sunday sales:	289

(1) "Shall the sale of intoxicating liquor be permitted in a	290
portion of this precinct between the hours of one p.m.eleven a.m.	291
and midnight on Sunday for consumption on the premises where sold,	292
where the status of such Sunday sales as allowed or prohibited is	293
inconsistent with the status of such Sunday sales in the remainder	294
of the precinct?"	295

(2) "Shall the sale of intoxicating liquor be permitted in a	296
portion of this precinct between the hours of one p.m.eleven a.m.	297
and midnight on Sunday for consumption on the premises where sold	298
at licensed premises where the sale of food and other goods	299
exceeds fifty per cent of the total gross receipts of the permit	300
holder at the premises, where the status of such Sunday sales as	301
allowed or prohibited is inconsistent with the status of such	302
Sunday sales in the remainder of the precinct?"	303

(3) "Shall the sale of wine and mixed beverages be permitted	304
in a portion of this precinct between the hours of one p.m.eleven	305
a.m. and midnight on Sunday for consumption off the premises where	306
sold, where the status of such Sunday sales as allowed or	307
prohibited is inconsistent with the status of such Sunday sales in	308
the remainder of the precinct?"	309

(C) At the election, one or more of the following questions,	310
as designated in a valid petition, shall be submitted to the	311
electors of the precinct concerning Sunday sales:	312

(1) "Shall the sale of intoxicating liquor be permitted in a	313
portion of this precinct between the hours of ten a.m. and	314
midnight on Sunday for consumption on the premises where sold,	315
where the status of such Sunday sales as allowed or prohibited is	316
inconsistent with the status of such Sunday sales in the remainder	317
of the precinct?"	318

(2) "Shall the sale of intoxicating liquor be permitted in a	319
portion of this precinct between the hours of ten a.m. and	320
midnight on Sunday for consumption on the premises where sold at	321
licensed premises where the sale of food and other goods exceeds	322
fifty per cent of the total gross receipts of the permit holder at	323
the premises, where the status of such Sunday sales as allowed or	324
prohibited is inconsistent with the status of such Sunday sales in	325
the remainder of the precinct?"	326

(3) "Shall the sale of wine and mixed beverages be permitted	327
in a portion of this precinct between the hours of ten a.m. and	328
midnight on Sunday for consumption off the premises where sold,	329
where the status of such Sunday sales as allowed or prohibited is	330
inconsistent with the status of such Sunday sales in the remainder	331
of the precinct?"	332

(D) The board of elections shall furnish printed ballots at	333
the special election as provided under section 3505.06 of the	334
Revised Code, except that a separate ballot shall be used for the	335
special election. The one or more questions set forth in divisions	336
(B) and (C) of this section shall be printed on each ballot, and	337
the board shall insert in the question and statementquestions	338
appropriate words to complete each and a description of the	339
portion of the precinct that would be affected by the results of	340
the election.	341

The description of the portion of the precinct shall include	342
either the complete listing of street addresses in that portion or	343
a condensed text that accurately describes the boundaries of the	344
portion of the precinct by street name or by another name	345
generally known by the residents of the portion of the precinct.	346
If other than a full street listing is used, the full street	347
listing also shall be posted in each polling place in a location	348
that is easily accessible to all voters. Failure of the board of	349
elections to completely and accurately list all street addresses	350
in the affected area of the precinct does not affect the validity	351
of the election at which the failure occurred and is not grounds	352
for contesting an election under section 3515.08 of the Revised	353
Code. Votes shall be cast as provided under section 3505.06 of the	354
Revised Code.	355

Sec. 4301.355.  (A) If a petition is filed under section	356
4301.333 of the Revised Code for the submission of the question or	357
questions set forth in this section, it shall be held in the	358
precinct as ordered by the board of elections under that section.	359
The expense of holding the election shall be charged to the	360
municipal corporation or township of which the precinct is a part.	361

(B) At the election, one or more of the following questions,	362
as designated in a valid petition, shall be submitted to the	363
electors of the precinct:	364

(1) "Shall the sale of .......... (insert beer, wine and	365
mixed beverages, or spirituous liquor) be permitted by ..........	366
(insert name of applicant, liquor permit holder, or liquor agency	367
store, including trade or fictitious name under which applicant	368
for, or holder of, liquor permit or liquor agency store either	369
intends to do, or does, business at the particular location), an	370
.......... (insert "applicant for" or "holder of" or "operator	371
of") a .......... (insert class name of liquor permit or permits	372
followed by the words "liquor permit(s)" or, if appropriate, the	373
words "liquor agency store for the State of Ohio"), who is engaged	374
in the business of .......... (insert general nature of the	375
business in which applicant or liquor permit holder is engaged or	376
will be engaged in at the particular location, as described in the	377
petition) at .......... (insert address of the particular location	378
within the precinct as set forth in the petition) in this	379
precinct?"	380

(2) "Shall the sale of .......... (insert beer, wine and	381
mixed beverages, or spirituous liquor) be permitted for sale on	382
Sunday between the hours of .......... (insert "ten a.m. and	383
midnight" or "one p.m.eleven a.m. and midnight") by ..........	384
(insert name of applicant, liquor permit holder, or liquor agency	385
store, including trade or fictitious name under which applicant	386
for, or holder of, liquor permit or liquor agency store either	387
intends to do, or does, business at the particular location), an	388
...... (insert "applicant for a D-6 liquor permit," "holder of a	389
D-6 liquor permit," "applicant for or holder of an A-1-A, A-2,	390
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	391
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 liquor permit," if only the	392
approval of beer sales is sought, or "liquor agency store") who is	393
engaged in the business of .......... (insert general nature of	394
the business in which applicant or liquor permit holder is engaged	395
or will be engaged in at the particular location, as described in	396
the petition) at .......... (insert address of the particular	397
location within the precinct) in this precinct?"	398

(C) The board of elections shall furnish printed ballots at	399
the election as provided under section 3505.06 of the Revised	400
Code, except that a separate ballot shall be used for the election	401
under this section. The question set forth in this section shall	402
be printed on each ballot, and the board shall insert in the	403
question appropriate words to complete it. Votes shall be cast as	404
provided under section 3505.06 of the Revised Code.	405

Sec. 4301.356.  If a petition is filed under section 4301.334	406
of the Revised Code for the submission of the question set forth	407
in this section, an election shall be held in the municipal	408
corporation or unincorporated area of a township as ordered by the	409
board of elections under that section.	410

Except as otherwise provided in this section, if the	411
legislative authority of a municipal corporation in whose	412
territory, or the board of township trustees of a township in	413
whose unincorporated area, a community facility is located	414
submits, not later than four p.m. of the seventy-fifth day before	415
the day of a primary or general election, to the board of	416
elections of the county in which the community facility is located	417
an ordinance or resolution requesting the submission of the	418
question set forth in this section to the electors of the	419
municipal corporation or unincorporated area of the township, the	420
board of elections shall order that an election be held on that	421
question in the municipal corporation or the unincorporated area	422
of the township on the day of the next primary or general	423
election, whichever occurs first. The legislative authority or	424
board of township trustees shall submit the name and address of	425
any permit holder who would be affected by the results of the	426
election to the board of elections at the same time it submits the	427
ordinance or resolution. The board of elections, within five days	428
after receiving the name and address, shall give notice by	429
certified mail to each permit holder that it has received the	430
ordinance or resolution. Failure of the legislative authority or	431
board of township trustees to supply the name and address of each	432
permit holder to the board of elections invalidates the effect of	433
the ordinance or resolution.	434

At the election, the following question shall be submitted to	435
the electors of the municipal corporation or unincorporated area	436
of a township:	437

"Shall the sale of beer and intoxicating liquor be permitted	438
on days of the week other than Sunday and between the hours of one	439
p.m........... (insert "ten a.m." or "eleven a.m.") and midnight	440
on Sunday, at .......... (insert name of community facility), a	441
community facility as defined by section 4301.01 of the Revised	442
Code, and located at ........ (insert the address of the community	443
facility and, if the community facility is a community	444
entertainment district, the boundaries of the district, as set	445
forth in the petition)?"	446

The board of elections shall furnish printed ballots at the	447
election as provided under section 3505.06 of the Revised Code,	448
except that a separate ballot shall be used for the election under	449
this section. The question set forth in this section shall be	450
printed on each ballot, and the board shall insert in the question	451
appropriate words to complete eachit, subject to the approval of	452
the secretary of state. Votes shall be cast as provided under	453
section 3505.06 of the Revised Code.	454

Sec. 4301.361. (A) If a majority of the electors voting on	455
questions set forth in section 4301.351 of the Revised Code in a	456
precinct vote "yes" on question (B)(1) or (C)(1), or, if both	457
questions (B)(1) and (B)(2), or questions (C)(1) and (C)(2), are	458
submitted, "yes" on both questions or "yes" on question (B)(1) or	459
(C)(1) but "no" on question (B)(2) or (C)(2), sales of	460
intoxicating liquor shall be allowed on Sunday in the manner and	461
under the conditions specified in question (B)(1) or (C)(1), under	462
a D-6 permit, within the precinct concerned, during the hours	463
specified in division (A) of section 4303.182 of the Revised Code	464
and during the period the election is in effect as defined in	465
section 4301.37 of the Revised Code.	466

(B) If only question (B)(2) or (C)(2) is submitted to the	467
voters or if questions (B)(2) and (B)(3) or (C)(2) and (C)(3) are	468
submitted and a majority of the electors voting in a precinct vote	469
"yes" on question (B)(2) or (C)(2) as set forth in section	470
4301.351 of the Revised Code, sales of intoxicating liquor shall	471
be allowed on Sunday in the manner and under the conditions	472
specified in question (B)(2) or (C)(2), under a D-6 permit, within	473
the precinct concerned, during the hours specified in division (A)	474
of section 4303.182 of the Revised Code and during the period the	475
election is in effect as defined in section 4301.37 of the Revised	476
Code, even if question (B)(1) or (C)(1) was also submitted and a	477
majority of the electors voting in the precinct voted "no."	478

(C) If question (B)(3) or (C)(3) is submitted and a majority	479
of electors voting on question (B)(3) or (C)(3) as set forth in	480
section 4301.351 of the Revised Code in a precinct vote "yes,"	481
sales of wine and mixed beverages shall be allowed on Sunday in	482
the manner and under the conditions specified in question (B)(3)	483
or (C)(3), under a D-6 permit, within the precinct concerned,	484
during the hours specified in division (A) of section 4303.182 of	485
the Revised Code and during the period the election is in effect	486
as defined in section 4301.37 of the Revised Code.	487

(D) If questions (B)(1), (B)(2), and (B)(3), or questions	488
(C)(1), (C)(2), and (C)(3), as set forth in section 4301.351 of	489
the Revised Code, are all submitted and a majority of the electors	490
voting in such precinct vote "no" on all three questions, no sales	491
of intoxicating liquor shall be made within the precinct concerned	492
after two-thirty a.m. on Sunday as specified in the questions	493
submitted, during the period the election is in effect as defined	494
in section 4301.37 of the Revised Code.	495

(E) If question (C)(1) as set forth in section 4301.351 of	496
the Revised Code is submitted to the voters in a precinct in which	497
question (B)(1) as set forth in that section previously was	498
submitted and approved, and the results of the election on	499
question (B)(1) are still in effect in the precinct; or if	500
question (C)(2) as set forth in that section is submitted to the	501
voters in a precinct in which question (B)(2) as set forth in that	502
section previously was submitted and approved, and the results of	503
the election on question (B)(2) are still in effect in the	504
precinct; or if question (C)(3) as set forth in that section is	505
submitted to the voters in a precinct in which question (B)(3) as	506
set forth in that section previously was submitted and approved,	507
and the results of the election on question (B)(3) are still in	508
effect in the precinct; and if a majority of the electors voting	509
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	510
continue to be allowed in the precinct in the manner and under the	511
conditions specified in the previously approved question (B)(1),	512
(B)(2), or (B)(3), as applicable.	513

(F) If question (B)(4) as set forth in section 4301.351 of	514
the Revised Code is submitted and a majority of the electors	515
voting in the precinct vote "yes," sales of intoxicating liquor	516
shall be allowed on Sunday at outdoor performing arts centers in	517
the manner and under the conditions specified in question (B)(4)	518
under a D-6 permit, within the precinct concerned, during the	519
hours specified in division (F) of section 4303.182 of the Revised	520
Code and during the period the election is in effect as defined in	521
section 4301.37 of the Revised Code. If question (B)(4) as set	522
forth in section 4301.351 of the Revised Code is submitted and a	523
majority of the electors voting in the precinct vote "no," no	524
sales of intoxicating liquor shall be allowed at outdoor	525
performing arts centers in the precinct concerned under a D-6	526
permit, after 2:30 a.m. on Sunday, during the period the election	527
is in effect as defined in section 4301.37 of the Revised Code.	528

Sec. 4301.364.  (A) If a majority of the electors in a	529
precinct vote "yes" on question (B)(1) or (C)(1) as set forth in	530
section 4301.354 of the Revised Code, the sale of intoxicating	531
liquor, of the same types as may be legally sold in the precinct	532
on other days of the week, shall be permitted on Sunday in the	533
portion of the precinct affected by the results of the election	534
during the hours specified in division (A) of section 4303.182 of	535
the Revised Code and in the manner and under the conditions	536
specified in the question, subject only to this chapter and	537
Chapter 4303. of the Revised Code.	538

(B) If a majority of the electors in a precinct vote "yes" on	539
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	540
Revised Code, the sale of intoxicating liquor, of the same types	541
as may be legally sold in the precinct on other days of the week,	542
shall be permitted on Sunday in the portion of the precinct	543
affected by the results of the election during the hours specified	544
in division (A) of section 4303.182 of the Revised Code and in the	545
manner and under the conditions specified in the question, subject	546
only to this chapter and Chapter 4303. of the Revised Code.	547

(C) If a majority of the electors in a precinct vote "yes" on	548
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	549
Revised Code, the sale of wine and mixed beverages shall be	550
permitted on Sunday in the portion of the precinct affected by the	551
results of the election during the hours specified in division (A)	552
of section 4303.182 of the Revised Code and in the manner and	553
under the conditions specified in the question, subject only to	554
this chapter and Chapter 4303. of the Revised Code.	555

(D) If a majority of the electors in a precinct vote "no" on	556
question (B)(1) or (C)(1) as set forth in section 4301.354 of the	557
Revised Code, no sale of intoxicating liquor shall be permitted on	558
Sunday in the manner and under the conditions specified in the	559
question in the portion of the precinct affected by the results of	560
the election.	561

(E) If a majority of the electors in a precinct vote "no" on	562
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	563
Revised Code, no sale of intoxicating liquor shall be permitted on	564
Sunday in the manner and under the conditions specified in the	565
question in the portion of the precinct affected by the results of	566
the election.	567

(F) If a majority of the electors in a precinct vote "no" on	568
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	569
Revised Code, no sale of wine or mixed beverages shall be	570
permitted on Sunday in the manner and under the conditions	571
specified in the question in the portion of the precinct affected	572
by the results of the election.	573

(G) If question (C)(1) as set forth in section 4301.354 of	574
the Revised Code is submitted to the voters in a precinct in which	575
question (B)(1) as set forth in that section previously was	576
submitted and approved, and the results of the election on	577
question (B)(1) are still in effect in the precinct; or if	578
question (C)(2) as set forth in that section is submitted to the	579
voters in a precinct in which question (B)(2) as set forth in that	580
section previously was submitted and approved, and the results of	581
the election on question (B)(2) are still in effect in the	582
precinct; or if question (C)(3) as set forth in that section is	583
submitted to the voters in a precinct in which question (B)(3) as	584
set forth in that section previously was submitted and approved,	585
and the results of the election on question (B)(3) are still in	586
effect in the precinct; and if a majority of the electors voting	587
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	588
continue to be allowed in the precinct in the manner and under the	589
conditions specified in the previously approved question (B)(1),	590
(B)(2), or (B)(3), as applicable.	591

Sec. 4301.365. (A) If a majority of the electors in a	592
precinct vote "yes" on questions (B)(1) and (2) as set forth in	593
section 4301.355 of the Revised Code, the sale of beer, wine and	594
mixed beverages, or spirituous liquor, whichever was the subject	595
of the election, shall be allowed at the particular location and	596
for the use, and during the hours on Sunday, specified in the	597
questions under each permit applied for by the petitioner or at	598
the address listed for the liquor agency store, and, in relation	599
to question (B)(2), during the hours on Sunday specified in	600
division (A) of section 4303.182 of the Revised Code, subject only	601
to this chapter and Chapter 4303. of the Revised Code. Failure to	602
continue to use the particular location for any proposed or stated	603
use set forth in the petition is grounds for the denial of a	604
renewal of the liquor permit under division (A) of section	605
4303.271 of the Revised Code or is grounds for the nonrenewal or	606
cancellation of the liquor agency store contract by the division	607
of liquor control, except in the case where the liquor permit	608
holder or liquor agency store decides to cease the sale of beer,	609
wine and mixed beverages, or spirituous liquor, whichever was the	610
subject of the election, on Sundays.	611

(B) Except as otherwise provided in division (H) of this	612
section, if a majority of the electors in a precinct vote "yes" on	613
question (B)(1) and "no" on question (B)(2) as set forth in	614
section 4301.355 of the Revised Code, the sale of beer, wine and	615
mixed beverages, or spirituous liquor, whichever was the subject	616
of the election, shall be allowed at the particular location for	617
the use specified in question (B)(1) of section 4301.355 of the	618
Revised Code and under each permit applied for by the petitioner,	619
except for a D-6 permit, subject only to this chapter and Chapter	620
4303. of the Revised Code.	621

(C) If a majority of the electors in a precinct vote "no" on	622
question (B)(1) as set forth in section 4301.355 of the Revised	623
Code, no sales of beer, wine and mixed beverages, or spirituous	624
liquor, whichever was the subject of the election, shall be	625
allowed at the particular location for the use specified in the	626
petition during the period the election is in effect as defined in	627
section 4301.37 of the Revised Code.	628

(D) If a majority of the electors in a precinct vote only on	629
question (B)(2) as set forth in section 4301.355 of the Revised	630
Code and that vote results in a majority "yes" vote, sales of	631
beer, wine and mixed beverages, or spirituous liquor, whichever	632
was the subject of the election, shall be allowed at the	633
particular location for the use and during the hours specified in	634
the petition on Sunday during the hours specified in division (A)	635
of section 4303.182 of the Revised Code and during the period the	636
election is in effect as defined in section 4301.37 of the Revised	637
Code.	638

(E) Except as otherwise provided in division (H) of this	639
section, if a majority of the electors in a precinct vote only on	640
question (B)(2) as set forth in section 4301.355 of the Revised	641
Code and that vote results in a majority "no" vote, no sales of	642
beer, wine and mixed beverages, or spirituous liquor, whichever	643
was the subject of the election, shall be allowed at the	644
particular location for the use and during the hours specified in	645
the petition on Sunday during the period the election is in effect	646
as defined in section 4301.37 of the Revised Code.	647

(F) In case of elections in the same precinct for the	648
question or questions set forth in section 4301.355 of the Revised	649
Code and for a question or questions set forth in section 4301.35,	650
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	651
Code, the results of the election held on the question or	652
questions set forth in section 4301.355 of the Revised Code shall	653
apply to the particular location notwithstanding the results of	654
the election held on the question or questions set forth in	655
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	656
of the Revised Code.	657

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	658
prohibit the transfer of ownership of a permit that was issued to	659
a particular location as the result of an election held on sales	660
of beer, wine and mixed beverages, spirituous liquor, or	661
intoxicating liquor at that particular location as long as the	662
general nature of the business at that particular location	663
described in the petition for that election remains the same after	664
the transfer.	665

(H) If question (B)(2) as set forth in section 4301.355 of	666
the Revised Code is submitted to the electors of a precinct	667
proposing to authorize the sale of beer, wine and mixed beverages,	668
or spirituous liquor between the hours of ten a.m. and midnight at	669
a particular location at which the sale of beer, wine and mixed	670
beverages, spirituous liquor, or intoxicating liquor is already	671
allowed between the hours of eleven a.m. and midnight or one p.m.	672
and midnight and the question submitted is defeated, the sale of	673
beer, wine and mixed beverages, spirituous liquor, or intoxicating	674
liquor between the hours of eleven a.m. and midnight or one p.m.	675
and midnight, as applicable, shall continue at that particular	676
location.	677

Sec. 4301.366.  If a majority of the electors voting on the	678
question specified in section 4301.356 of the Revised Code vote	679
"yes," the sale of beer and intoxicating liquor shall be allowed	680
at the community facility andon days of the week other than	681
Sunday and during the hours on Sunday specified in division (A) of	682
section 4303.182 of the Revised Code, for the use specified in the	683
question, subject only to this chapter and Chapter 4303. of the	684
Revised Code. Failure to continue to use the location as a	685
community facility constitutes good cause for rejection of the	686
renewal of the liquor permit under division (A) of section	687
4303.271 of the Revised Code.	688

If a majority of the electors voting on the question	689
specified in section 4301.356 of the Revised Code vote "no," no	690
sales of beer or intoxicating liquor shall be made at or within	691
the community facility during the period the election is in effect	692
as defined in section 4301.37 of the Revised Code.	693

Sec. 4301.62.  (A) As used in this section:

694

(1) "Chauffeured limousine" means a vehicle registered under	695
section 4503.24 of the Revised Code.	696

(2) "Street," "highway," and "motor vehicle" have the same	697
meanings as in section 4511.01 of the Revised Code.	698

(B) No person shall have in the person's possession an opened	699
container of beer or intoxicating liquor in any of the following	700
circumstances:	701

(1) In a state liquor store;

702

(2) Except as provided in division (C) of this section, on	703
the premises of the holder of any permit issued by the division of	704
liquor control;	705

(3) In any other public place;

706

(4) Except as provided in division (D) or (E) of this	707
section, while operating or being a passenger in or on a motor	708
vehicle on any street, highway, or other public or private	709
property open to the public for purposes of vehicular travel or	710
parking;	711

(5) Except as provided in division (D) or (E) of this	712
section, while being in or on a stationary motor vehicle on any	713
street, highway, or other public or private property open to the	714
public for purposes of vehicular travel or parking.	715

(C)(1) A person may have in the person's possession an opened	716
container of any of the following:	717

(a) Beer or intoxicating liquor that has been lawfully	718
purchased for consumption on the premises where bought from the	719
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	720
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	721
D-7, D-8, E, F, F-2, or F-5 permit;	722

(b) Beer, wine, or mixed beverages served for consumption on	723
the premises by the holder of an F-3 permit or wine served for	724
consumption on the premises by the holder of an F-4 or F-6 permit;	725

(c) Beer or intoxicating liquor consumed on the premises of a	726
convention facility as provided in section 4303.201 of the Revised	727
Code;	728

(d) Beer or intoxicating liquor to be consumed during	729
tastings and samplings approved by rule of the liquor control	730
commission.	731

(2) A person may have in the person's possession on an F	732
liquor permit premises an opened container of beer or intoxicating	733
liquor that was not purchased from the holder of the F permit if	734
the premises for which the F permit is issued is a music festival	735
and the holder of the F permit grants permission for that	736
possession on the premises during the period for which the F	737
permit is issued. As used in this division, "music festival" means	738
a series of outdoor live musical performances, extending for a	739
period of at least three consecutive days and located on an area	740
of land of at least forty acres.	741

(D) This section does not apply to a person who pays all or a	742
portion of the fee imposed for the use of a chauffeured limousine	743
pursuant to a prearranged contract, or the guest of the person,	744
when all of the following apply:	745

(1) The person or guest is a passenger in the limousine.

746

(2) The person or guest is located in the limousine, but is	747
not occupying a seat in the front compartment of the limousine	748
where the operator of the limousine is located.	749

(3) The limousine is located on any street, highway, or other	750
public or private property open to the public for purposes of	751
vehicular travel or parking.	752

(E) This section does not apply to a person who has in a	753
motor vehicle that the person is operating an opened bottle of	754
wine that was purchased from the holder of a D permit issued to a	755
restaurant and that is stored in the trunk of the motor vehicle	756
or, if the motor vehicle does not have a trunk, behind the last	757
upright seat or in an area not normally occupied by the driver or	758
passengers.	759

Sec. 4301.65. (A) As used in this section, "alcohol	760
vaporizing device" means a machine or other device that mixes beer	761
or intoxicating liquor with pure oxygen or any other gas to	762
produce a vaporized product for the purpose of consumption by	763
inhalation.	764

(B) No person shall sell or offer for sale an alcohol	765
vaporizing device.	766

(C) No person shall purchase or use an alcohol vaporizing	767
device.	768

Sec. 4301.99.  (A) Whoever violates section 4301.47, 4301.48,	769
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or	770
division (B) of section 4301.691 of the Revised Code is guilty of	771
a minor misdemeanor.	772

(B) Whoever violates section 4301.15, division (A)(2) or (C)	773
of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I)	774
of section 4301.631, or section 4301.64 or 4301.67 of the Revised	775
Code is guilty of a misdemeanor of the fourth degree.	776

If an offender who violates section 4301.64 of the Revised	777
Code was under the age of eighteen years at the time of the	778
offense, the court, in addition to any other penalties it imposes	779
upon the offender, shall suspend the offender's temporary	780
instruction permit, probationary driver's license, or driver's	781
license for a period of not less than six months and not more than	782
one year. If the offender is fifteen years and six months of age	783
or older and has not been issued a temporary instruction permit or	784
probationary driver's license, the offender shall not be eligible	785
to be issued such a license or permit for a period of six months.	786
If the offender has not attained the age of fifteen years and six	787
months, the offender shall not be eligible to be issued a	788
temporary instruction permit until the offender attains the age of	789
sixteen years.	790

(C) Whoever violates division (D) of section 4301.21, section	791
4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66, 4301.68,	792
or 4301.74, division (B), (C), (D), (E)(1), or (F) of section	793
4301.69, or division (C), (D), (E), (F), (G), or (I) of section	794
4301.691 of the Revised Code is guilty of a misdemeanor of the	795
first degree.	796

If an offender who violates division (E)(1) of section	797
4301.69 of the Revised Code was under the age of eighteen years at	798
the time of the offense and the offense occurred while the	799
offender was the operator of or a passenger in a motor vehicle,	800
the court, in addition to any other penalties it imposes upon the	801
offender, shall suspend the offender's temporary instruction	802
permit or probationary driver's license for a period of not less	803
than six months and not more than one year. If the offender is	804
fifteen years and six months of age or older and has not been	805
issued a temporary instruction permit or probationary driver's	806
license, the offender shall not be eligible to be issued such a	807
license or permit for a period of six months. If the offender has	808
not attained the age of fifteen years and six months, the offender	809
shall not be eligible to be issued a temporary instruction permit	810
until the offender attains the age of sixteen years.	811

(D) Whoever violates division (B) of section 4301.14, or	812
division (A)(1) or (3) or (B) of section 4301.22 of the Revised	813
Code is guilty of a misdemeanor of the third degree.	814

(E) Whoever violates section 4301.63 or division (B) of	815
section 4301.631 of the Revised Code shall be fined not less than	816
twenty-five nor more than one hundred dollars. The court imposing	817
a fine for a violation of section 4301.63 or division (B) of	818
section 4301.631 of the Revised Code may order that the fine be	819
paid by the performance of public work at a reasonable hourly rate	820
established by the court. The court shall designate the time	821
within which the public work shall be completed.	822

(F)(1) Whoever violates section 4301.634 of the Revised Code	823
is guilty of a misdemeanor of the first degree. If, in committing	824
a first violation of that section, the offender presented to the	825
permit holder or the permit holder's employee or agent a false,	826
fictitious, or altered identification card, a false or fictitious	827
driver's license purportedly issued by any state, or a driver's	828
license issued by any state that has been altered, the offender is	829
guilty of a misdemeanor of the first degree and shall be fined not	830
less than two hundred fifty and not more than one thousand	831
dollars, and may be sentenced to a term of imprisonment of not	832
more than six months.	833

(2) On a second violation in which, for the second time, the	834
offender presented to the permit holder or the permit holder's	835
employee or agent a false, fictitious, or altered identification	836
card, a false or fictitious driver's license purportedly issued by	837
any state, or a driver's license issued by any state that has been	838
altered, the offender is guilty of a misdemeanor of the first	839
degree and shall be fined not less than five hundred nor more than	840
one thousand dollars, and may be sentenced to a term of	841
imprisonment of not more than six months. The court also may	842
impose a class seven suspension of the offender's driver's or	843
commercial driver's license or permit or nonresident operating	844
privilege from the range specified in division (A)(7) of section	845
4510.02 of the Revised Code.	846

(3) On a third or subsequent violation in which, for the	847
third or subsequent time, the offender presented to the permit	848
holder or the permit holder's employee or agent a false,	849
fictitious, or altered identification card, a false or fictitious	850
driver's license purportedly issued by any state, or a driver's	851
license issued by any state that has been altered, the offender is	852
guilty of a misdemeanor of the first degree and shall be fined not	853
less than five hundred nor more than one thousand dollars, and may	854
be sentenced to a term of imprisonment of not more than six	855
months. The court also shall impose a class six suspension of the	856
offender's driver's or commercial driver's license or permit or	857
nonresident operating privilege from the range specified in	858
division (A)(6) of section 4510.02 of the Revised Code, and the	859
court may order that the suspension or denial remain in effect	860
until the offender attains the age of twenty-one years. The court	861
also may order the offender to perform a determinate number of	862
hours of community service, with the court determining the actual	863
number of hours and the nature of the community service the	864
offender shall perform.	865

(G) Whoever violates section 4301.636 of the Revised Code is	866
guilty of a felony of the fifth degree.	867

(H) Whoever violates division (A)(1) of section 4301.22 of	868
the Revised Code is guilty of a misdemeanor, shall be fined not	869
less than five hundred and not more than one thousand dollars,	870
and, in addition to the fine, may be imprisoned for a definite	871
term of not more than sixty days.	872

(I) Whoever violates division (A) of section 4301.69 or	873
division (H) of section 4301.691 of the Revised Code is guilty of	874
a misdemeanor, shall be fined not less than five hundred and not	875
more than one thousand dollars, and, in addition to the fine, may	876
be imprisoned for a definite term of not more than six months.	877

(J) Whoever violates division (B) of section 4301.65 of the	878
Revised Code is guilty of a misdemeanor of the third degree. For a	879
second or subsequent violation occurring within a period of five	880
consecutive years after the first violation, a person is guilty of	881
a misdemeanor of the first degree.	882

Sec. 4303.182.  (A) Except as otherwise provided in divisions	883
(B) to (G) of this section, permit D-6 shall be issued to the	884
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	885
D-5b, D-5c, D-5d, D-5e, D-5f, D-5h, D-5i, D-5j, D-5k, or D-7	886
permit to allow sale under that permit betweenas follows:	887

(1) Between the hours of ten a.m. and midnight, or betweenon	888
Sunday if sale during those hours has been approved under question	889
(C)(1), (2), or (3) of section 4301.351 or 4301.354 of the Revised	890
Code, under question (B)(2) of section 4301.355 of the Revised	891
Code, or under section 4301.356 of the Revised Code and has been	892
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	893
of the Revised Code, under the restrictions of that authorization;	894

(2) Between the hours of one p.m.eleven a.m. and midnight,	895
on Sunday, as applicable, if that sale during those hours has been	896
approved on or after the effective date of this amendment under	897
question (B)(1), (2), or (3) of section 4301.351 or 4301.354 of	898
the Revised Code, under question (B)(2) of section 4301.355 of the	899
Revised Code, or under section 4301.356 of the Revised Code and	900
has been authorized under section 4301.361, 4301.364, 4301.365, or	901
4301.366 of the Revised Code and, under the restrictions of that	902
authorization;	903

(3) Between the hours of eleven a.m. and midnight on Sunday	904
if sale between the hours of one p.m. and midnight was approved	905
before the effective date of this amendment under question (B)(1),	906
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	907
under question (B)(2) of section 4301.355 of the Revised Code, or	908
under section 4301.356 of the Revised Code and has been authorized	909
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	910
Revised Code, under the other restrictions of that authorization.	911

(B) Permit D-6 shall be issued to the holder of any permit,	912
including a D-4a and D-5d permit, authorizing the sale of	913
intoxicating liquor issued for a premises located at any publicly	914
owned airport, as defined in section 4563.01 of the Revised Code,	915
at which commercial airline companies operate regularly scheduled	916
flights on which space is available to the public, to allow sale	917
under such permit between the hours of ten a.m. and midnight on	918
Sunday, whether or not that sale has been authorized under section	919
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	920

(C) Permit D-6 shall be issued to the holder of a D-5a	921
permit, and to the holder of a D-3 or D-3a permit who is the owner	922
or operator of a hotel or motel that is required to be licensed	923
under section 3731.03 of the Revised Code, that contains at least	924
fifty rooms for registered transient guests, and that has on its	925
premises a retail food establishment or a food service operation	926
licensed pursuant to Chapter 3717. of the Revised Code that	927
operates as a restaurant for purposes of this chapter and is	928
affiliated with the hotel or motel and within or contiguous to the	929
hotel or motel and serving food within the hotel or motel, to	930
allow sale under such permit between the hours of ten a.m. and	931
midnight on Sunday, whether or not that sale has been authorized	932
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	933
Revised Code.	934

(D) The holder of a D-6 permit that is issued to a sports	935
facility may make sales under the permit between the hours of	936
eleven a.m. and midnight on any Sunday on which a professional	937
baseball, basketball, football, hockey, or soccer game is being	938
played at the sports facility. As used in this division, "sports	939
facility" means a stadium or arena that has a seating capacity of	940
at least four thousand and that is owned or leased by a	941
professional baseball, basketball, football, hockey, or soccer	942
franchise or any combination of those franchises.	943

(E) Permit D-6 shall be issued to the holder of any permit	944
that authorizes the sale of beer or intoxicating liquor and that	945
is issued to a premises located in or at the Ohio historical	946
society area or the state fairgrounds, as defined in division (B)	947
of section 4301.40 of the Revised Code, to allow sale under that	948
permit between the hours of ten a.m. and midnight on Sunday,	949
whether or not that sale has been authorized under section	950
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	951

(F) Permit D-6 shall be issued to the holder of any permit	952
that authorizes the sale of intoxicating liquor and that is issued	953
to an outdoor performing arts center to allow sale under that	954
permit between the hours of one p.m. and midnight on Sunday,	955
whether or not that sale has been authorized under section	956
4301.361 of the Revised Code. A D-6 permit issued under this	957
division is subject to the results of an election, held after the	958
D-6 permit is issued, on question (B)(4) as set forth in section	959
4301.351 of the Revised Code. Following the end of the period	960
during which an election may be held on question (B)(4) as set	961
forth in that section, sales of intoxicating liquor may continue	962
at an outdoor performing arts center under a D-6 permit issued	963
under this division, unless an election on that question is held	964
during the permitted period and a majority of the voters voting in	965
the precinct on that question vote "no."	966

As used in this division, "outdoor performing arts center"	967
means an outdoor performing arts center that is located on not	968
less than eight hundred acres of land and that is open for	969
performances from the first day of April to the last day of	970
October of each year.	971

(G) Permit D-6 shall be issued to the holder of any permit	972
that authorizes the sale of beer or intoxicating liquor and that	973
is issued to a golf course owned by the state, a conservancy	974
district, a park district created under Chapter 1545. of the	975
Revised Code, or another political subdivision to allow sale under	976
that permit between the hours of ten a.m. and midnight on Sunday,	977
whether or not that sale has been authorized under section	978
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	979

(H) Permit D-6 shall be issued to the holder of a D-5g permit	980
to allow sale under that permit between the hours of ten a.m. and	981
midnight on Sunday, whether or not that sale has been authorized	982
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	983
Revised Code.	984

(I) If the restriction to licensed premises where the sale of	985
food and other goods and services exceeds fifty per cent of the	986
total gross receipts of the permit holder at the premises is	987
applicable, the division of liquor control may accept an affidavit	988
from the permit holder to show the proportion of the permit	989
holder's gross receipts derived from the sale of food and other	990
goods and services. If the liquor control commission determines	991
that affidavit to have been false, it shall revoke the permits of	992
the permit holder at the premises concerned.	993

(J) The fee for the D-6 permit is five hundred dollars when	994
it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, D-4,	995
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	996
D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is four	997
hundred dollars when it is issued to the holder of a C-2 permit.	998

Section 2. That existing sections 4301.333, 4301.334,	999
4301.351, 4301.354, 4301.355, 4301.356, 4301.361, 4301.364,	1000
4301.365, 4301.366, 4301.62, 4301.99, and 4303.182 of the Revised	1001
Code are hereby repealed.	1002

Section 3. If a petition seeks the holding of an election on	1003
Sunday liquor sales on or after the effective date of this section	1004
under question (B)(1), (2), or (3) of section 4301.351 or 4301.354	1005
of the Revised Code, under question (B)(2) of section 4301.355 of	1006
the Revised Code, or under section 4301.356 of the Revised Code	1007
and the petition contains signatures that were placed on it before	1008
the effective date of this section, the petition is not invalid	1009
merely because the question or questions sought to be submitted to	1010
the electors and contained in the petition state that Sunday	1011
liquor sales may commence beginning at 1 p.m. rather than 11 a.m.	1012

Section 4. (A) Notwithstanding division (A)(3) of section	1013
4303.182 of the Revised Code, as amended by this act, the electors	1014
in a precinct in which the first hour of sale on Sunday was	1015
changed from one p.m. to eleven a.m. by operation of that division	1016
may petition to hold an election to revert that first hour of sale	1017
to one p.m. That election shall be held under the following	1018
conditions:	1019

(1) At the first general election that occurs after the	1020
effective date of this act unless that general election will be	1021
held less than one hundred thirty-five days after that date, in	1022
which case the election shall be held at the immediately following	1023
general election;	1024

(2) Under division (B)(1), (2), or (3) of section 4301.351 or	1025
4301.354 of the Revised Code, under division (B)(2) of section	1026
4301.355 of the Revised Code, or under section 4301.356 of the	1027
Revised Code, as applicable, except that the starting time for	1028
sales under the question shall be one p.m. rather than eleven	1029
a.m.;	1030

(3) In accordance with the applicable requirements and	1031
provisions governing elections that are held under those divisions	1032
or that section and that are established under Chapter 4301. of	1033
the Revised Code.	1034

(B) Not later than forty-five days after the effective date	1035
of this act, the Superintendent of Liquor Control shall publish	1036
notice of the provisions of division (A) of this section in a	1037
newspaper of general circulation in each county of the state.	1038