To amend sections 4301.33, 4301.35, 4301.351, 4301.361, and 4301.39 and to repeal section 4301.211 of the Revised Code to remove the prohibition against a liquor permit holder advertising the retail price of beer and malt beverages off the permit holder's premises, to make changes regarding the application of local option liquor elections to state agency stores, and to authorize the holding of a local option liquor election in a precinct or residence district on the sale of beer by certain C and D liquor permit holders between the hours of 5:30 a.m. and midnight on Sunday.

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

Sec. 4301.33. The board of elections shall provide to a petitioner circulating a petition for an election for the submission of one or more of the questions specified in divisions (A) to (C)(D) of section 4301.35 or section 4301.351 of the Revised Code, at the time he takes OF TAKING out the petition, the names of the streets and, if appropriate, the address numbers of residences and business establishments within the precinct or residence district in which the election is sought, and a form prescribed by the secretary of state for notifying affected permit holders AND LIQUOR AGENCY STORES of the circulation of a petition for an election for the submission of one or more of the questions specified in divisions (A) to (C) (D) of section 4301.35 or section 4301.351 of the Revised Code. The petitioner shall, not less than forty-five days before the petition-filing deadline for the election, as provided in this section, file with the division of liquor control the information regarding names of streets and, if appropriate, address numbers of residences and business establishments provided by the board of elections, and specify to the division the precinct or residence district that is concerned and the filing deadline. The division shall, within a reasonable period of time and not later than fifteen days before the filing deadline, supply the petitioner with a list of the names and addresses of permit holders who AND LIQUOR AGENCY STORES THAT would be affected by the election. The list shall contain a heading with the following words: "Liquor permit holders who AND LIQUOR AGENCY STORES THAT would be affected by the question(s) set forth on petition for a local option election."

Within five days after a petitioner has received from the division the list of liquor permit holders who AND LIQUOR AGENCY STORES THAT would be affected by the question or questions set forth on a petition for local option election, the petitioner shall, using the form provided by the board of elections, notify by certified mail each permit holder AND LIQUOR AGENCY STORE whose name appears on that list. The form for notifying affected permit holders AND LIQUOR AGENCY STORES shall require the petitioner to state the petitioner's name and street address and shall contain a statement that a petition is being circulated for an election for the submission of the question or questions specified in divisions (A) to (C) (D) of section 4301.35 or section 4301.351 of the Revised Code. The form shall require the petitioner to state the question or questions to be submitted as they appear on the petition.

The petitioner shall attach a copy of the list provided by the division to each petition paper. A part petition paper circulated at any time without the list of affected permit holders AND LIQUOR AGENCY STORES attached to it is invalid.

At the time the petitioner files the petition with the board of elections, the petitioner shall provide to the board the list supplied by the division and an affidavit certifying that the petitioner notified all affected permit holders AND LIQUOR AGENCY STORES on the list in the manner and within the time required in this section and that, at the time each signer of the petition affixed the signer's signature to the petition, the petition paper contained a copy of the list of affected permit holders AND LIQUOR AGENCY STORES.

Within five days after receiving a petition calling for an election for the submission of one or more of the questions specified in divisions (A) to (C) (D) of section 4301.35 or section 4301.351 of the Revised Code, the board shall give notice by certified mail that it has received the petition to all liquor permit holders AND LIQUOR AGENCY STORES whose names appear on the list of affected permit holders filed by the petitioner as furnished by the division. Failure of the petitioner to supply the affidavit required by this section and a complete and accurate list of liquor permit holders AND LIQUOR AGENCY STORES as furnished by the division invalidates the entire petition. The board of elections shall provide to a permit holder who OR LIQUOR AGENCY STORE THAT would be affected by a proposed local option election, on the permit holder's OR LIQUOR AGENCY STORE'S request, the names of the streets, and, if appropriate, the address numbers of residences and business establishments within the precinct or residence district in which the election is sought. The board may charge a reasonable fee for this information when provided to the petitioner and the permit holder OR LIQUOR AGENCY STORE.

Upon the presentation of a petition, not later than four p.m. of the seventy-fifth day before the day of a general or primary election, to the board of elections of the county where the precinct or residence district is located, designating whether it is a petition for an election for the submission of one or more of the questions specified in section 4301.35 of the Revised Code, or a petition for the submission of one or more of the questions specified in section 4301.351 of the Revised Code, designating the particular question or questions specified in section 4301.35 or 4301.351 of the Revised Code that are to be submitted, and signed by the qualified electors of the precinct or residence district concerned, equal in number to thirty-five per cent of the total number of votes cast in the precinct concerned for the office of governor at the preceding general election for that office, in the case of an election within a single precinct, or equal in number to fifty-five per cent of the total number of votes cast in the residence district concerned for the office of governor at the preceding general election for that office, in the case of an election within a residence district, the board shall submit the question or questions specified in the petition to the electors of the precinct or residence district concerned, on the day of the next general or primary election, whichever occurs first and shall proceed as follows:

(A) Such board shall, not later than the sixty-sixth day before the day of the election for which the question or questions on the petition would qualify for submission to the electors of the precinct or residence district, examine and determine the sufficiency of the signatures and review, examine, and determine the validity of the petition and, in case of overlapping residence district petitions or overlapping precinct and residence district petitions presented within that period, determine which of the petitions shall govern the further proceedings of the board. In the case where the board determines that two or more overlapping petitions are valid, the earlier filed petition shall govern. The board shall certify the sufficiency and validity of any petition determined to be valid. The board shall determine the validity of the petition as of the time of certification as described in this division.

(B) If a petition is sufficient, and, in case of overlapping residence district petitions or overlapping precinct and residence district petitions, after the board has determined the governing petition, the board to which the petition has been presented shall order the holding of a special election in the precinct or residence district for the submission of whichever of the questions specified in section 4301.35 or 4301.351 of the Revised Code are designated in the petition, on the day of the next general or primary election, whichever occurs first.

All petitions filed with a board of elections under this section shall be open to public inspection under rules adopted by the board.

Protest against local option petitions may be filed by any elector eligible to vote on the question or questions described in the petitions or by a permit holder OR LIQUOR AGENCY STORE in the precinct or residence district as described in the petitions, not later than four p.m. of the sixty-fourth day before the day of the general or primary election for which the petition qualified. The protest shall be in writing and shall be filed with the election officials with whom the petition was filed. Upon filing of the protest, the election officials with whom it is filed shall promptly fix the time for hearing it, and shall mail notice of the filing of the protest and the time and place for hearing it to the person who filed the petition and to the person who filed the protest. At the time and place fixed, the election officials shall hear the protest and determine the validity of the petition.

Sec. 4301.35. If a petition is for submission of one or more of the questions specified under this section, a special election shall be held in the precinct or residence district at the time fixed as provided in section 4301.33 of the Revised Code. The expenses of holding the election shall be charged to the municipal corporation or township of which the precinct or residence district is a part.

At the election any one or more of the following questions, as designated in a valid petition, shall be submitted to the electors of the precinct:

(A) "Shall the sale of wine and mixed beverages by the package, under permits which authorize sale for off-premise consumption only, be permitted in .................?"

(B) "Shall the sale of wine and mixed beverages, under permits which authorize sale for on-premise consumption only, and under permits which authorize sale for both on-premise and off-premise consumption, be permitted in .......?"

(C) "Shall the sale of spirituous liquors by the glass be permitted in ..................?"

(D) "Shall state liquor stores OR LIQUOR AGENCY STORES for the sale of spirituous liquor by the package, for consumption off the premises where sold, be permitted in ................?"

The board of elections to which a petition is presented shall furnish printed ballots at the election in accordance with section 3505.06 of the Revised Code, and separate ballots shall be used for the special election. All the questions designated in a valid petition shall be set forth on each ballot and the board shall insert in each question the name or an accurate description of the precinct or residence district in which the election is to be held. Votes shall be cast as provided in section 3505.06 of the Revised Code.

Sec. 4301.351. If a petition is for submission of the question of whether the sale of intoxicating liquor OR BEER shall be permitted on Sunday, a special election shall be held in the precinct or residence district at the time fixed as provided in section 4301.33 of the Revised Code. The expenses of holding the election shall be charged to the municipal corporation or township of which the precinct or residence district is a part.

At the election one or more of the following questions, as designated in a valid petition, shall be submitted to the electors of the precinct or residence district:

(A) "Shall the sale of intoxicating liquor, of the same types as may be legally sold in this (precinct) (district) on other days of the week, be permitted in this ........ for consumption on the premises where sold, between the hours of one p.m. and midnight on Sunday?"

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

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

(D) "SHALL THE SALE OF BEER UNDER C OR D PERMITS THAT WERE FIRST APPLIED FOR AFTER APRIL 15, 1982, AND THAT AUTHORIZE SALE FOR EITHER ON-PREMISES CONSUMPTION OR OFF-PREMISES CONSUMPTION, BE PERMITTED IN THIS (PRECINCT) (DISTRICT), BETWEEN THE HOURS OF FIVE-THIRTY a.m. AND MIDNIGHT ON SUNDAY?"

No C or D permit holder who first applied for his SUCH A permit after April 15, 1982, shall sell beer on Sunday unless the sale of intoxicating liquor is authorized in the precinct or residence district at an election on question (A), (B), or (C) of this section, OR THE SALE OF BEER IS AUTHORIZED IN THE PRECINCT OR RESIDENCE DISTRICT AT AN ELECTION ON QUESTION (D) OF THIS SECTION. No D-6 permit is required for the sale of beer on Sunday.

The board of elections to which the petition is presented shall furnish printed ballots at the election in accordance with section 3505.06 of the Revised Code, and separate ballots shall be used for the special election. One or more of the questions prescribed by this section, as designated in the petition, shall be set forth on each ballot and the board shall insert in each question the name or an accurate description of the precinct or residence district in which the election is to be held. Votes shall be cast as provided in section 3505.06 of the Revised Code.

Sec. 4301.361. If a majority of the electors voting on questions set forth in section 4301.351 of the Revised Code in a precinct or residence district vote "yes" on question (A), or, if both questions (A) and (B) are submitted, "yes" on both questions or "yes" on question (A) but "no" on question (B), sales of intoxicating liquor shall be allowed in the manner and under the conditions specified in question (A), under a D-6 permit, within the precinct or residence district concerned, during the period the election is in effect as defined in section 4301.37 of the Revised Code.

If only question (B) is submitted to the voters or if questions (B) and (C) are submitted and a majority of the electors voting in a precinct or residence district vote "yes" on question (B) as set forth in section 4301.351 of the Revised Code, sales of intoxicating liquor shall be allowed in the manner and under the conditions specified in question (B), under a D-6 permit, within the precinct or residence district concerned, during the period the election is in effect as defined in section 4301.37 of the Revised Code, even if question (A) was also submitted and a majority of the electors voting in the precinct or residence district voted "no."

If question (C) is submitted and a majority of electors voting on the question (C) set forth in section 4301.351 of the Revised Code in a precinct or residence district vote "yes," sales of wine and mixed beverages shall be allowed in the manner and under the conditions specified in question (C), under a D-6 permit, within the precinct or residence district concerned, during the period the election is in effect as defined in section 4301.37 of the Revised Code.

IF QUESTION (D) SET FORTH IN SECTION 4301.351 of the Revised Code IS SUBMITTED AND A MAJORITY OF ELECTORS VOTING ON THE QUESTION (D) IN A PRECINCT OR RESIDENCE DISTRICT VOTE "YES," SALES OF BEER SHALL BE ALLOWED IN THE MANNER AND UNDER THE CONDITIONS SPECIFIED IN QUESTION (D) WITHIN THE PRECINCT OR RESIDENCE DISTRICT CONCERNED, DURING THE PERIOD THE ELECTION IS IN EFFECT AS DEFINED IN SECTION 4301.37 of the Revised Code. IF QUESTION (D) SET FORTH IN SECTION 4301.351 of the Revised Code IS SUBMITTED AND A MAJORITY OF ELECTORS VOTING ON THE QUESTION (D) IN A PRECINCT OR RESIDENCE DISTRICT VOTE "NO," NO C OR D PERMIT HOLDER WHO FIRST APPLIED FOR SUCH A PERMIT AFTER APRIL 15, 1982, SHALL SELL BEER AS SPECIFIED IN THAT QUESTION WITHIN THE PRECINCT OR RESIDENCE DISTRICT DURING THE PERIOD THE ELECTION IS IN EFFECT AS DEFINED IN SECTION 4301.37 of the Revised Code UNLESS THE SALE OF INTOXICATING LIQUOR IS AUTHORIZED IN THE PRECINCT OR RESIDENCE DISTRICT AT AN ELECTION ON QUESTION (A), (B), OR (C) OF SECTION 4301.351 of the Revised Code.

If questions (A), (B), and (C), as set forth in section 4301.351 of the Revised Code, are all submitted and a majority of the electors voting in such precinct or residence district vote "no" on all three questions, no sales of intoxicating liquor shall be made within the precinct or residence district concerned after two-thirty a.m. on Sunday, during the period the election is in effect as defined in section 4301.37 of the Revised Code.

Sec. 4301.39. (A) When the board of elections of any county determines that a petition for a local option election, presented pursuant to section 4301.33, 4301.331, 4303.29, or 4305.14 of the Revised Code is sufficient, it shall forthwith, by mail, notify the division of liquor control of the fact that such a petition has been filed and approved by it. Upon the determination of the results of any such election, the board shall forthwith notify the division by mail of the result and shall forward with the notice a plat of the precinct or residence district in which the election was held.

(B) On the plat of a precinct or residence district, forwarded with the results of an election that was held under section 4301.35, 4301.351, or 4303.29 of the Revised Code, the board shall show and designate all of the streets and highways in the precinct or residence district.

(C) On the plat of a precinct, forwarded with the results of an election that was held under section 4301.352 of the Revised Code, the board shall show and designate all of the following:

(1) All of the streets and highways in the precinct;

(2) The permit premises designated in the petition that was filed under section 4301.331 of the Revised Code;

(3) A class C or D permit holder's personal or corporate name, and if it is different from the PERMIT holder's personal or corporate name, the name of the business conducted by the permit holder on the designated premises;

(4) The address of the designated premises. the holder's the holder's

(D) If an application for recount is filed with the board of elections pursuant to section 3515.02 of the Revised Code or if an election contest is commenced pursuant to section 3515.09 of the Revised Code, the board of elections shall send written notice of the recount or contest, by certified mail, to the superintendent of liquor control within two days from the date of the filing of the application for recount or the commencement of an election contest. Upon the final determination of an election recount or contest, the board of elections shall send notice of the final determination, by certified mail, to the superintendent and the liquor control commission.

(E) If, as the result of a local option election, the use of a permit is made partially unlawful, the division shall, within thirty days after receipt of the final notice of the result of the election, pick up and amend the permit by inserting appropriate restrictions on the permit, and forthwith reissue the permit without charge or refund to the permit holder.

If, as the result of a local option election, except a local option election held pursuant to section 4301.352 of the Revised Code, the use of a permit is made wholly unlawful, the permit holder may, within thirty days after the certification of such final result by the board of elections to the division, deliver the permit holder's permit to the division for safekeeping as provided in section 4303.272 of the Revised Code.

(F) If a municipal corporation or township has been paid all the moneys due it from permit fees under section 4301.30 of the Revised Code, it shall refund to the division ninety per cent of the money attributed to the unexpired portion of all permits which are still in force at the time of a local option election that makes use of the permits unlawful, except that no refund shall be made for the unexpired portion of a license year that is less than thirty days. Failure of the municipal corporation or township to refund the amount due entitles the permit holders to operate under their permits until the refund has been made.

If a municipal corporation or township has been paid all the money due it from permit fees under section 4301.30 of the Revised Code, it shall refund to the division ninety per cent of the money attributable to the unexpired portion of a permit at the time a local option election under section 4301.352 of the Revised Code makes use of the permit unlawful, except that no refund shall be made for the unexpired portion of a license year that is less than thirty days. Failure of the municipal corporation or township to refund the amount due entitles the permit holder to operate under the permit until the refund has been made.

(G) IF, AS A RESULT OF A LOCAL OPTION ELECTION, THE SALE OF SPIRITUOUS LIQUOR BY THE PACKAGE FOR CONSUMPTION OFF THE PREMISES WHERE SOLD BY A LIQUOR AGENCY STORE IS MADE UNLAWFUL, THE DIVISION, WITHIN THIRTY DAYS AFTER RECEIVING A FINAL NOTICE OF THE RESULT OF THE ELECTION, SHALL CANCEL THE CONTRACT ENTERED INTO WITH THAT LIQUOR AGENCY STORE UNDER SECTION 4301.17 of the Revised Code.