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Am. Sub. H. B. No. 402 CORRECTED VERSION
As Passed by the Senate
CORRECTED VERSION
As Passed by the Senate
122nd General Assembly | Regular Session | 1997-1998 |
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Representatives Schuler, Garcia, Corbin, Mead, Britton, Taylor, Mottley, Jacobson, Reid, Lewis, Sawyer Senators White, Gardner, Watts, Finan, Gaeth, Mumper, B. Johnson
A BILL
To amend sections 119.12, 2933.41, 3767.01, 3767.03,
3767.05, 4301.01, 4301.25, 4301.252, 4301.32,
4301.321, 4301.322, 4301.33, 4301.331, 4301.332, 4301.34,
4301.35, 4301.351, 4301.352, 4301.353, 4301.354, 4301.36,
4301.361, 4301.362, 4301.363, 4301.364, 4301.37, 4301.39,
4301.40, 4301.401, 4301.74, 4303.021, 4303.181, 4303.202, 4303.26, 4303.261,
4303.29, 4303.292, and 4305.14, to enact sections
4301.323, 4301.324, 4301.333, 4301.334, 4301.355, 4301.356,
4301.365, 4301.366, and 4301.80, to repeal sections 4301.211 and 4301.73
of the Revised Code, and to repeal Section 6 of Am. Sub. H. B. 390 of the
122nd General Assembly 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 in local option
elections including the elimination of residence districts; to modify the
application of local option liquor elections to state
agency stores;
to consolidate the adjudication of liquor law nuisances with other statutory
nuisances; to authorize the holding of a local
option election, on the sale of beer and intoxicating liquor at a
community facility, within the municipal corporation or unincorporated area of
the township in which the community facility is located;
to prohibit the issuance or renewal of liquor
permits at and the transfer of liquor permits to a premises that
has been found to be a nuisance;
to make changes regarding the criteria for issuance of D-5i
permits;
to modify the requirements for obtaining an F-2 permit
to authorize the sale of beer, wine, and spirituous liquor by
certain organizations for not more than 48 hours for on-premises
consumption in an area where the sale of beer and wine, but not
spirituous liquor, for on-premises consumption is allowed; and
to provide that beer, intoxicating liquor, or alcohol seized by
the Division of Liquor Control may be used for law enforcement
training activities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.12, 2933.41, 3767.01, 3767.03,
3767.05, 4301.01, 4301.25, 4301.252, 4301.32,
4301.321, 4301.322, 4301.33, 4301.331, 4301.332, 4301.34,
4301.35, 4301.351, 4301.352, 4301.353, 4301.354, 4301.36,
4301.361, 4301.362, 4301.363, 4301.364, 4301.37, 4301.39,
4301.40, 4301.401, 4301.74, 4303.021, 4303.181, 4303.202, 4303.26, 4303.261,
4303.29, 4303.292, and 4305.14 be amended and sections
4301.323, 4301.324, 4301.333, 4301.334, 4301.355, 4301.356,
4301.365, 4301.366, and 4301.80 of the Revised Code be enacted
to read as follows:
Sec. 119.12. Any party adversely affected by any order of
an agency issued pursuant to an adjudication denying an applicant
admission to an examination, or denying the issuance or renewal
of a license or registration of a licensee, or revoking or
suspending a license, or allowing the payment of a forfeiture
under section 4301.252 of the Revised Code, may appeal from the
order of the agency to the court of common pleas of the county in
which the place of business of the licensee is located or the
county in which the licensee is a resident, provided except that
appeals
from decisions of the liquor control commission may be to the
court of common pleas of Franklin county and appeals from
decisions of, the state medical board, chiropractic examining
board, and board of nursing shall be to the court of common pleas
of Franklin county. If any such party is not a resident of and
has no place of business in this state, he the party may appeal
to the
court of common pleas of Franklin county. Any party adversely affected by any order of an agency
issued pursuant to any other adjudication may appeal to the court
of common pleas of Franklin county, except that appeals from
orders of the fire marshal issued under Chapter 3737. of the
Revised Code may be to the court of common pleas of the county in
which the building of the aggrieved person is located. This section does not apply to appeals from the department
of taxation. Any party desiring to appeal shall file a notice of appeal
with the agency setting forth the order appealed from and the
grounds of his the party's appeal. A copy of such notice of
appeal shall
also be filed by the appellant with the court. Unless otherwise
provided by law relating to a particular agency, such notices of
appeal shall be filed within fifteen days after the mailing of
the notice of the agency's order as provided in this section.
For purposes of this paragraph, an order includes a determination
appealed pursuant to division (C) of section 119.092 of the
Revised Code. The filing of a notice of appeal shall not automatically
operate as a suspension of the order of an agency. If it appears
to the court that an unusual hardship to the appellant will
result from the execution of the agency's order pending
determination of the appeal, the court may grant a suspension and
fix its terms. If an appeal is taken from the judgment of the
court and the court has previously granted a suspension of the
agency's order as provided in this section, such suspension of
the agency's order shall not be vacated and shall be given full
force and effect until the matter is finally adjudicated. No
renewal of a license or permit shall be denied by reason of such
suspended order during the period of the appeal from the decision
of the court of common pleas. In the case of an appeal from the
state medical board or chiropractic examining board, the court
may grant a suspension and fix its terms if it appears to the
court that an unusual hardship to the appellant will result from
the execution of the agency's order pending determination of the
appeal and the health, safety, and welfare of the public will not
be threatened by suspension of the order. This provision shall
not be construed to limit the factors the court may consider in
determining whether to suspend an order of any other agency
pending determination of an appeal. The final order of adjudication may apply to any renewal of
a license or permit which has been granted during the period of
the appeal. Notwithstanding any other provision of this section, any
order issued by a court of common pleas or a court of appeals
suspending the effect of
an order of the liquor control commission issued pursuant to
Chapter 4301. or 4303. Of the Revised Code that suspends or,
revokes, or cancels a permit issued under Chapter 4303. of the
Revised Code,
or that allows the payment of a forfeiture under section 4301.252
of the Revised Code, shall terminate not more than fifteen six
months after the date of the filing of a notice of appeal in the
record of the liquor control commission with the clerk of the court
of common pleas, even if the matter has not
been finally adjudicated within that time and shall not be extended.
The court of common pleas, or the court of appeals on appeal, shall render a
judgment in that matter within six months after the date of the filing of the
record of the liquor control commission with the clerk of the court of common
pleas. A court of appeals shall not issue
an order suspending the effect of an order of the liquor control
commission that extends beyond six months after the date on
which the record of the liquor control commission is filed with
a court of common pleas. Notwithstanding any other provision of this section, any
order issued by a court of common pleas suspending the effect of
an order of the state medical board or chiropractic examining
board that limits, revokes, suspends, places on probation, or
refuses to register or reinstate a certificate issued by the
board or reprimands the holder of such a certificate shall
terminate not more than fifteen months after the date of the
filing of a notice of appeal in the court of common pleas, or
upon the rendering of a final decision or order in the appeal by
the court of common pleas, whichever occurs first. Within thirty days after receipt of a notice of appeal from
an order in any case in which a hearing is required by sections
119.01 to 119.13 of the Revised Code, the agency shall prepare
and certify to the court a complete record of the proceedings in
the case. Failure of the agency to comply within the time
allowed, upon motion, shall cause the court to enter a finding in
favor of the party adversely affected. Additional time, however,
may be granted by the court, not to exceed thirty days, when it
is shown that the agency has made substantial effort to comply.
Such record shall be prepared and transcribed and the expense of
it shall be taxed as a part of the costs on the appeal. The
appellant shall provide security for costs satisfactory to the
court of common pleas. Upon demand by any interested party, the
agency shall furnish at the cost of the party requesting it a
copy of the stenographic report of testimony offered and evidence
submitted at any hearing and a copy of the complete record. Notwithstanding any other provision of this section, any
party desiring to appeal an order or decision of the state
personnel board of review shall, at the time of filing a notice
of appeal with the board, provide a security deposit in an amount
and manner prescribed in rules that the board shall adopt in
accordance with this chapter. In addition, the board is not
required to prepare or transcribe the record of any of its
proceedings unless the appellant has provided the deposit
described above. The failure of the board to prepare or
transcribe a record for an appellant who has not provided a
security deposit shall not cause a court to enter a finding
adverse to the board. Unless otherwise provided by law, in the hearing of the
appeal, the court is confined to the record as certified to it by
the agency. Unless otherwise provided by law, the court may
grant a request for the admission of additional evidence when
satisfied that such additional evidence is newly discovered and
could not with reasonable diligence have been ascertained prior
to the hearing before the agency. The court shall conduct a hearing on such appeal and shall
give preference to all proceedings under sections 119.01 to
119.13 of the Revised Code, over all other civil cases,
irrespective of the position of the proceedings on the calendar
of the court. An appeal from an order of the state medical board
issued pursuant to division (D) of section 4731.22 of the Revised
Code or, the chiropractic examining board issued pursuant to
section 4734.101 of the Revised Code, or the liquor control
commission issued pursuant to Chapter 4301. or 4303. Of the Revised Code shall
be set down for
hearing at the earliest possible time and takes precedence over
all other actions. The hearing in the court of common pleas
shall proceed as in the trial of a civil action, and the court
shall determine the rights of the parties in accordance with the
laws applicable to such action. At such hearing, counsel may be
heard on oral argument, briefs may be submitted, and evidence
introduced if the court has granted a request for the
presentation of additional evidence. The court may affirm the order of the agency complained of
in the appeal if it finds, upon consideration of the entire
record and such additional evidence as the court has admitted,
that the order is supported by reliable, probative, and
substantial evidence and is in accordance with law. In the
absence of such a finding, it may reverse, vacate, or modify the
order or make such other ruling as is supported by reliable,
probative, and substantial evidence and is in accordance with
law. The court shall award compensation for fees in accordance
with section 2335.39 of the Revised Code to a prevailing party,
other than an agency, in an appeal filed pursuant to this
section. The judgment of the court shall be final and conclusive
unless reversed, vacated, or modified on appeal. Such appeals
may be taken either by the party or the agency, shall proceed as
in the case of appeals in civil actions, and shall be pursuant to
the Rules of Appellate Procedure and, to the extent not in
conflict with those rules, Chapter 2505. of the Revised Code.
Such appeal by the agency shall be taken on questions of law
relating to the constitutionality, construction, or
interpretation of statutes and rules of the agency, and in such
appeal the court may also review and determine the correctness of
the judgment of the court of common pleas that the order of the
agency is not supported by any reliable, probative, and
substantial evidence in the entire record. The court shall certify its judgment to such agency or take
such other action necessary to give its judgment effect. Sec. 2933.41. (A)(1) Any property, other than contraband
that is subject to the provisions of section 2913.34 or
2933.43 of the
Revised Code, other than property that is subject to section
3719.141 of the Revised Code, other than property that is
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45 of the
Revised Code,
other than a vehicle that is criminally forfeited under an order
issued under section 4503.233 or 4503.234 of the Revised Code and
that is to be disposed of under section 4503.234 of the Revised
Code, other than property that has been lawfully seized under
sections 2933.71 to 2933.75 of the Revised Code in relation to a
medicaid fraud offense, and other than property that has been
lawfully seized in relation to a violation of section 2923.32 of
the Revised Code, that has been lost, abandoned, stolen, seized
pursuant to a search warrant, or otherwise lawfully seized or
forfeited, and that is in the custody of a law enforcement
agency shall be kept safely pending the time it no longer is
needed as evidence and shall be disposed of pursuant to this
section. Each law enforcement agency that has custody of any
property that is subject to this section shall adopt a written
internal control policy that addresses the keeping of detailed
records as to the amount of property taken in by the agency, that
addresses the agency's disposition of the property under this
section, that provides for the keeping of detailed records of the
disposition of the property, and that provides for the keeping of
detailed financial records of the amount and disposition of any
proceeds of a sale of the property under division (D)(8) of this
section and of the general types of expenditures made out of the
proceeds retained by the agency and the specific amount expended
on each general type of expenditure. The policy shall not
provide for or permit the identification of any specific
expenditure that is made in an ongoing investigation. The policy
is a public record open for inspection under section 149.43 of
the Revised Code. (2)(a) Every law enforcement agency that has any lost,
abandoned, stolen, seized, or forfeited property as described in
division (A)(1) of this section in its custody shall comply with
its written internal control policy adopted under that division
relative to the property. Each agency that has any
property of that nature
in its custody, except for property to be disposed of under
division (D)(4) of this section, shall maintain an accurate
record, in accordance with its written internal control policy,
of each item of the property. The record shall include the date
on which each item of property came into the agency's custody,
the manner in which it was disposed of, the date of its
disposition, the name of the person who received the property if
it was not destroyed, and all other information required by the
agency's written internal control policy; however, the record
shall not identify or enable the identification of the individual
officer who seized any item of property. The record of any
property that no longer is needed as evidence, and all financial
records of the amount and disposition of any proceeds of a sale
under division (D)(8) of this section and of the general types of
expenditures made out of the proceeds retained by the agency and
the specific amount of each general type of expenditure, shall be
open to public inspection during the agency's regular business
hours. Each law enforcement agency that, during any calendar year,
has any seized or forfeited property as described in division
(A)(1) of this section in its custody shall prepare a report
covering the calendar year that cumulates all of the information
contained in all of the records kept by the agency pursuant to
this division for that calendar year and shall send a copy of
the cumulative report, no later than the first day of March in
the calendar year following the calendar year covered by the
report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code. (b) Each law enforcement agency that receives in any
calendar year any proceeds of a sale under division (D)(8) of
this section shall prepare a report covering the calendar year
that cumulates all of the information contained in all of the
public financial records kept by the agency pursuant to division
(D)(2)(a) of this section for that calendar year and shall send
a copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code. (c) Not later than the fifteenth day of April in the
calendar year in which reports are sent to the attorney general under
divisions (A)(2)(a) and (b) of this section, the
attorney general shall send to the president of the senate and the speaker of
the house of representatives a written notification that does all of the
following: (i) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in division (A)(2)(a),
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is applicable,
that cover the previous calendar year and indicates that the reports were
received under division (A)(2)(a), (A)(2)(b), or both
(A)(2)(a) and (b) of this section, whichever is applicable; (ii) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code; (iii) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request. (B) A law enforcement agency that has property in its
possession that is required to be disposed of pursuant to this
section shall make a reasonable effort to locate the persons
entitled to possession of the property in its custody, to notify
them of when and where it may be claimed, and to return the
property to them at the earliest possible time. In the absence
of evidence identifying persons entitled to possession, it is
sufficient notice to advertise in a newspaper of general
circulation in the county, briefly describing the nature of the
property in custody and inviting persons to view and establish
their right to it. (C) A person loses any right that the person may have to the
possession, or the possession and ownership, of property if any
of the following applies: (1) The property was the subject, or was used in a
conspiracy or attempt to commit, or in the commission, of an
offense other than a traffic offense, and the person is a
conspirator, accomplice, or offender with respect to the offense. (2) A court determines that the property should be
forfeited because, in light of the nature of the property or the
circumstances of the person, it is unlawful for the person to
acquire or possess the property. (D) Unclaimed or forfeited property in the custody of a
law enforcement agency, other than contraband that is subject to
the provisions of section 2913.34 or 2933.43 of the Revised
Code, other than property forfeited under sections 2923.44 to 2923.47 or
2925.41 to 2925.45 of the
Revised Code, and other than property that has been lawfully
seized in relation to a violation of section 2923.32 of the
Revised Code, shall be disposed of on application to and order of
any court of record that has territorial jurisdiction over the
political subdivision in which the law enforcement agency has
jurisdiction to engage in law enforcement activities, as follows: (1) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law. (2) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum pieces or
collectors' items may be sold at public auction pursuant to
division (D)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by the agency or shall be sent to the
bureau of criminal identification and investigation for
destruction by the bureau. (3) Obscene materials shall be destroyed. (4) Beer, intoxicating liquor, or alcohol seized from a
person who is not the holder of a permit issued under Chapters
4301. and 4303. of the Revised Code or is an offender and
forfeited to the state under section 4301.45 or 4301.53 of the
Revised Code either shall be sold by the division of liquor control,
if the division determines that the beer, intoxicating liquor,
or alcohol is fit for sale, or shall be placed in the custody of the
investigations unit in the department of public safety and be used for
training relating to law enforcement activities. The department, with the
assistance of the division of liquor control, shall adopt rules in accordance
with
Chapter 119. Of the Revised Code to provide for the distribution of such beer,
intoxicating liquor, or alcohol to state or local law enforcement agencies
upon their request. If any tax imposed under Title XLIII
of the Revised Code has not been paid in relation to the beer,
intoxicating liquor, or alcohol, the proceeds of the sale shall
first be used to pay the tax. All other money collected under
division (D)(4) of this section shall be paid into the state
treasury. Any such beer, intoxicating liquor, or alcohol that
the division determines to be unfit for sale shall be
destroyed. (5) Money received by an inmate of a correctional
institution from an unauthorized source or in an unauthorized
manner shall be returned to the sender, if known, or deposited in
the inmates' industrial and entertainment fund if the sender is
not known. (6) Vehicles and vehicle parts forfeited under sections
4549.61 to 4549.63 of the Revised Code may be given to a law
enforcement agency for use in the performance of its duties.
Those parts may be incorporated into any other official vehicle.
Parts that do not bear vehicle identification numbers or
derivatives of them may be sold or disposed of as provided by
rules of the director of public safety. Parts from which a
vehicle identification number or derivative of it has been
removed, defaced, covered, altered, or destroyed and that are not
suitable for police work or incorporation into an official
vehicle shall be destroyed and sold as junk or scrap. (7)(a) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of pursuant to division (D)(8) of this section. (b) As used in this section, "computers," "computer
networks," "computer systems," and "computer software" have the
same meanings as in section 2913.01 of the Revised Code. (8) Other unclaimed or forfeited property, with the
approval of the court, may be used by the law enforcement agency
that has possession of it. If the other unclaimed or forfeited
property is not used by the law enforcement agency, it may be
sold, without appraisal, at a public auction to the highest
bidder for cash, or, in the case of other unclaimed or forfeited
moneys, disposed of in another manner that the court considers
proper in the circumstances. (E)(1)(a) If the property was in the possession
of the law enforcement agency in relation to a delinquent child
proceeding in a juvenile court, ten per cent of the proceeds from
property disposed of pursuant to this section shall be applied to
one or more alcohol and drug addiction treatment programs that
are certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised
Code and that are specified by the court in its order
issued under division (D) of this section. A juvenile court shall
not
specify an alcohol or
drug addiction treatment program in the order
unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(E)(1)(a) of this section, unless the program is located
in the county in which the court
that issues the orders is located or in a contiguous county. If
no certified alcohol and drug addiction treatment program is
located in any of those counties, the juvenile court may specify in the order
a
certified alcohol and drug
addiction treatment program located anywhere within this state. The remaining
ninety per cent of
the proceeds shall be applied as provided in divisions
(E)(1)(b) of this section. If the property was in the possession of the law
enforcement agency other than in relation to a delinquent child
proceeding in a juvenile court, all of the proceeds from property
disposed of pursuant to this section shall be applied as provided
in division (E)(1)(b) of this section. (b) Except as provided in divisions (D)(4), (5), and
(E)(2) of this section and after compliance with division
(E)(1)(a) of this section when that division is
applicable, the proceeds from property
disposed of
pursuant to this section shall be placed in the general fund of
the state, the county, the township, or the municipal
corporation, of which the law enforcement agency involved is an
agency. (2) Each board of county commissioners that recognizes a
citizens' reward program as provided in section 9.92 of the
Revised Code shall notify each law enforcement agency of that
county and each law enforcement agency of a township or municipal
corporation wholly located in that county of the official
recognition of the citizens' reward program by filing a copy of
its resolution conferring that recognition with each
of those law enforcement agencies. When the board of county
commissioners of a
county recognizes a citizens' reward program and the county
includes a part, but not all, of the territory of a municipal
corporation, the board shall so notify the law enforcement agency
of that municipal corporation of the official recognition of the
citizens' reward program only if the county contains the highest
percentage of the municipal corporation's population. Upon
receipt of a notice of that nature, each law enforcement
agency shall pay
twenty-five per cent of the proceeds from each sale of property
disposed of pursuant to this section to the citizens' reward
program for use exclusively for the payment of rewards. No part
of those funds may be used to pay for the administrative expenses
or any other expenses associated with a citizens' reward program. If a
citizens' reward program that operates in more than one
county or in another state or states in addition to this state
receives funds pursuant to this section, the funds shall be used
to pay rewards only for tips and information to law enforcement
agencies concerning felonies, offenses of violence, or
misdemeanors that have been committed in the county from which
the funds were received. (F) This section does not apply to the collection,
storage, or disposal of abandoned junk motor vehicles. This
section shall not be construed to rescind or restrict the
authority of a municipal law enforcement agency to keep and
dispose of lost, abandoned, stolen, seized, or forfeited property
under an ordinance of the municipal corporation, provided that,
when a municipal corporation that has received notice as provided
in division (E)(2) of this section disposes of property under
an ordinance of that nature, it shall pay twenty-five per
cent of the
proceeds from any sale or auction to the citizens' reward program
as provided under that division. (G) The receipt of funds by a citizens' reward program
pursuant to division (E) of this section does not make it a
governmental unit for purposes of section 149.43 of the Revised
Code and does not subject it to the disclosure provisions of that
section. (H) For purposes of this section, "law enforcement agency"
includes correctional institutions. As used in this section,
"citizens' reward program" has the same meaning as in section
9.92 of the Revised Code. Sec. 3767.01. As used in all sections of the Revised Code
relating to nuisances: (A) "Place" includes any building, erection, or place or
any separate part or portion thereof or the ground itself; (B) "Person" includes any individual, corporation,
association, partnership, trustee, lessee, agent, or assignee; (C) "Nuisance" means that any of the following: (1) That which is defined and declared by
statutes to be such and also means any a nuisance; (2) Any place in or upon which
lewdness, assignation, or prostitution is conducted, permitted,
continued, or exists, or any place, in or upon which lewd,
indecent, lascivious, or obscene films or plate negatives, film
or plate positives, films designed to be projected on a screen
for exhibition films, or glass slides either in negative or
positive form designed for exhibition by projection on a screen,
are photographed, manufactured, developed, screened, exhibited,
or otherwise prepared or shown, and the personal property and
contents used in conducting and maintaining any such place for
any such purpose. This chapter shall not affect any newspaper,
magazine, or other publication entered as second class matter by
the post-office department. (3) Any room, house, building, boat, vehicle, structure, or
place where beer or intoxicating liquor is manufactured, sold,
bartered, possessed, or kept in violation of law and all
property kept and used in maintaining the same, and all property
designed for the unlawful manufacture of beer or intoxicating
liquor and beer or intoxicating liquor contained in the room,
house, building, boat, structure, or place, or the operation of
such a room, house, building, boat, structure, or place as
described in division (C)(3) of this section where the operation of
that place substantially interferes with public decency, sobriety, peace, and
good order. "Violation of
law" includes, but is not limited to, sales to any
person under the legal drinking age as prohibited in division
(A) of section 4301.22 or division (A) of section 4301.69 of
the Revised Code and any violation of
section 2913.46 or 2925.03 of the
Revised Code. Sec. 3767.03. Whenever a nuisance exists, the attorney
general; the village solicitor, city director of law, or other
similar chief legal officer of the municipal corporation in which
the nuisance exists; the prosecuting attorney of the county in
which the nuisance exists;
the law director of a township that has adopted the limited self-government
form of government under Chapter 504. of the Revised Code;
or any person who is a citizen of the
country in which the nuisance exists may bring an action in equity
in the name of the state, upon the relation of the attorney
general; the village solicitor, city director of law, or other
similar chief legal officer of the municipal corporation; the
prosecuting attorney; the township law director; or the person,
to abate the nuisance and to
perpetually enjoin the person maintaining the nuisance from
further maintaining it.
If an action is instituted under this
section by a person other than the prosecuting attorney; the
village solicitor, city director of law, or other similar chief
legal officer of the municipal corporation; the
attorney general; or the township law director, the
complainant shall
execute a bond in the sum of not less than five hundred dollars, to the
defendant, with good and
sufficient surety to be approved by the court or clerk of the
court, to secure to the defendant any damages the defendant
may sustain and the reasonable attorney's fees the defendant
may incur in defending the action if the action is wrongfully brought, not
prosecuted to final judgment, is dismissed, or is not maintained, or if it is
finally decided that an injunction should not have been granted.
If it is finally decided that an injunction should not have been
granted or if the action was wrongfully brought, not prosecuted
to final judgment, dismissed, or not maintained, the defendant
shall have recourse against the bond for all damages suffered,
including damages to the defendant's property, person, or
character, and for the reasonable attorney's fees incurred by
the defendant in defending the action. Any agency, officer, or other person bringing an action under this section
against the holder of a liquor permit issued under Chapter 4303. Of the Revised Code
shall notify the division of liquor control, the liquor control commission,
and the liquor enforcement division of the department of public safety
regarding the action at the time of bringing the action. Sec. 3767.05. (A) The civil action provided for in
section 3767.03 of the Revised Code shall be set down for trial
at the earliest possible time and shall have precedence over all other
cases except those
involving crimes, election contests, or injunctions regardless of the
position of the proceedings on the calendar of the court. In the
civil action, evidence of the general reputation of the place
where the nuisance is alleged to exist or an admission or finding
of guilt of any person under the criminal laws against
prostitution, lewdness, assignation, or other prohibited conduct
at the place is admissible for the purpose of proving the
existence of the nuisance and is prima-facie evidence of the
nuisance and of knowledge of and of acquiescence and
participation in the nuisance on the part of the person charged
with maintaining it. (B) If the complaint for the permanent injunction is filed
by a person who is a citizen of the county, it shall not be
dismissed unless the complainant and his the complainant's
attorney submit a sworn
statement setting forth the reasons why the civil action should
be dismissed and the dismissal is approved by the prosecuting
attorney in writing or in open court. If the person who files
the complaint for the permanent injuction is a citizen of the
county, if that person refuses or otherwise fails to prosecute
the complaint to judgment, and if the civil action is not
dismissed pursuant to this division, then, with the approval of
the court, the attorney general, the prosecuting attorney of the
county in which the nuisance exists, or the village solicitor,
city director of law, or other similar chief legal officer of the
municipal corporation in which the nuisance exists, may be
substituted for the complainant and prosecute the civil action to
judgment. (C) If the civil action is commenced by a person who is a
citizen of the county where the nuisance is alleged to exist and
the court finds that there were no reasonable grounds or cause
for the civil action, the costs may be taxed to that person. (D) If the existence of the nuisance is established upon
the trial of the civil action, a judgment shall be entered that
perpetually enjoins the defendant and any other person from
further maintaining the nuisance at the place complained of and
the defendant from maintaining the nuisance elsewhere. (E) If the court finds that a nuisance described in
division (C)(3)
of section 3767.01 of
the Revised
Code exists, the court shall
order the nuisance to be abated, and, in entering judgment for
nuisance, the court shall do all of the following: (1) Specify that judgment is entered pursuant to Division
(E) of this section; (2) Order that no beer or intoxicating liquor may be
manufactured, sold, bartered, possessed, kept, or stored in the
room, house, building, structure, place, boat, or vehicle or any
part thereof. The court need not find that the property was
being unlawfully used at the time of the hearing on the matter
if the court finds there existed a nuisance as described in
division (C)(3)
of section 3767.01 of
the Revised
Code. (3) Order that the room, house, building, boat, vehicle,
structure, or place not be occupied or used for
one year after the judgment is
rendered. The court may permit the premises to be occupied by a
person other than the defendant or a business affiliate of the defendant in
the nuisance action, or an
agent of, or entity owned in whole or part by, the defendant, if
the person, lessee, tenant, or occupant of the location posts a
bond with sufficient surety, to be approved by the court issuing
the order, in the sum of not less than one thousand nor more
than five thousand dollars, payable to the state of Ohio, on the
condition that no beer or intoxicating liquor thereafter shall
be manufactured, sold, bartered, possessed, kept, stored,
transported, or otherwise disposed of on the premises,
and the person agrees to pay all fines, costs,
and damages that may be assessed for a violation. A reasonable
sum shall be allowed an officer by the issuing court for the
cost of closing and keeping closed the premises that is the
subject of the nuisance action. (4) Send notice of the judgment entered to the division of liquor control,
the liquor control commission, and the liquor enforcement division of the
department of public safety. (F) A defendant found
to have maintained a nuisance as described in division (C)(3)
of section 3767.01 of
the Revised
Code also is subject to
liability and penalties under sections 4301.74 and 4399.09 of
the Revised
Code. The abatement of a nuisance under section 4399.09 Of the Revised Code is in
addition to and does not prevent the abatement of a nuisance under division
(D) or (E) of this section. (G) If a court enters
judgment pursuant to division
(D) or
(E) of this section finding
that a nuisance exists at a liquor permit premises or as a
result of the operation of a liquor permit premises, except in
the case of a nuisance found as a result of a violation of a
local zoning ordinance or resolution, the certified copy of the judgment
required under division
(A) of section 4301.331 of the
Revised
Code shall be filed with the
board of elections in the county in which the nuisance exists,
not later than four
p.m.
of the seventy-fifth day before the day of the next general or
primary election. However, no election shall be conducted on sales at the
liquor permit premises under section 4301.352 Of the Revised Code until all appeals on the
judgment are resolved. The court of appeals shall render a decision on any
appeal of the judgment within six months after the date of the filing of the
appeal of the judgment with the clerk of the court of appeals, and the supreme
court shall render a decision on any appeal of the judgment within six months
after the date of the filing of the appeal of the judgment with the clerk of
the supreme court. Sec. 4301.01. (A) As used in the Revised Code: (1) "Intoxicating liquor" and "liquor" include all liquids
and compounds, other than beer as defined in division (B)(2) of
this section, containing one-half of one per cent or more of
alcohol by volume which are fit to use for beverage purposes,
from whatever source and by whatever process produced, by
whatever name called, and whether the same are medicated,
proprietary, or patented. The phrase includes wine, as defined
in division (B)(3) of this section even if it contains less than
four per cent of alcohol by volume, mixed beverages, as defined
in division (B)(4) of this section even if they contain less than
four per cent of alcohol by volume, cider, as defined in division
(B)(23)(21) of this section, alcohol, and all solids and
confections which contain any alcohol. (2) Except as used in sections 4301.01 to 4301.20, 4301.22
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of
the Revised Code, "sale" and "sell" include exchange, barter,
gift, offer for sale, sale, distribution and delivery of any
kind, and the transfer of title or possession of beer and
intoxicating liquor either by constructive or actual delivery by
any means or devices whatever, including the sale of beer or
intoxicating liquor by means of a controlled access alcohol and
beverage cabinet pursuant to section 4301.21 of the Revised Code.
"Sale" and "sell" do not include the
mere solicitation of orders for
beer or intoxicating liquor from the holders of permits issued by
the division of liquor control authorizing the sale of the
beer or intoxicating liquor, but no solicitor shall solicit
any such orders until the solicitor has been registered with
the division pursuant to section 4303.25
of the Revised Code. (3) "Vehicle" includes all means of transportation by
land, by water, or by air, and everything made use of in any way
for such transportation. (B) As used in sections 4301.01 to 4301.74 of the Revised
Code: (1) "Alcohol" means ethyl alcohol, whether rectified or
diluted with water or not, whatever its origin may be, and
includes synthetic ethyl alcohol.
"Alcohol" does not include denatured alcohol and wood alcohol. (2) "Beer," "malt liquor," or "malt beverages" includes
all brewed or fermented malt products containing one-half of one
per cent or more of alcohol by volume but not more than six per
cent of alcohol by weight. (3) "Wine" includes all liquids fit to use for beverage
purposes containing not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of
alcohol by volume, which is made from the fermented juices of
grapes, fruits, or other agricultural products, except that as used
in sections 4301.13, 4301.421, 4301.422,
4301.432, and 4301.44 of the Revised Code, and, for
purposes of determining the rate of the tax that applies, division
(B) of section 4301.43 of the Revised Code, "wine" does not include cider. (4) "Mixed beverages" such as bottled and prepared
cordials, cocktails, and highballs are products obtained by
mixing any type of whiskey, neutral spirits, brandy, gin, or
other distilled spirits with, or over, carbonated or plain water,
pure juices from flowers and plants, and other flavoring
materials. The completed product shall contain not less than
one-half of one per cent of alcohol by volume and not more than
twenty-one per cent of alcohol by volume. (5) "Spirituous liquor" includes all intoxicating liquors
containing more than twenty-one per cent of alcohol by volume. (6) "Sealed container" means any container having a
capacity of not more than one hundred twenty-eight fluid ounces,
the opening of which is closed to prevent the entrance of air. (7) "Person" includes firms and corporations. (8) "Manufacture" includes all processes by which beer or
intoxicating liquor is produced, whether by distillation,
rectifying, fortifying, blending, fermentation, brewing, or in
any other manner. (9) "Manufacturer" means any person engaged in the
business of manufacturing beer or intoxicating liquor. (10) "Wholesale distributor" and "distributor" means a
person engaged in the business of selling to retail dealers for
purposes of resale. (11) "Hotel" has the meaning set forth in section 3731.01
of the Revised Code, subject to the exceptions mentioned in
section 3731.03 of the Revised Code. (12) "Restaurant" means a place located in a permanent
building provided with space and accommodations wherein, in
consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place. "Restaurant"
does not include pharmacies,
confectionery stores, lunch stands, night clubs, and filling
stations. (13) "Club" means a corporation or association of
individuals organized in good faith for social, recreational,
benevolent, charitable, fraternal, political, patriotic, or
athletic purposes, which is the owner, lessor, or occupant of a
permanent building or part thereof operated solely for
those
purposes, membership in which entails the prepayment of regular
dues, and includes the place so operated. (14) "Night club" means a place operated for profit, where
food is served for consumption on the premises and one or more
forms of amusement are provided or permitted for a consideration
which may be in the form of a cover charge or may be included in
the price of the food and beverages, or both, purchased by the
patrons thereof. (15) "At retail" means for use or consumption by the
purchaser and not for resale. (16) "Pharmacy" means an establishment as defined in
section 4729.01 of the Revised Code, which is under
the management
or control of a licensed pharmacist in
accordance with section 4729.27 of the Revised Code. (17) "Enclosed shopping center" means a group of retail
sales and service business establishments that face into an
enclosed mall, share common ingress, egress, and parking
facilities, and are situated on a tract of land that contains an
area of not less than five hundred thousand square feet.
"Enclosed shopping center" also includes not more than one
business establishment that is located within a free-standing
building on such a tract of land, so long as the sale of beer and
intoxicating liquor on the tract of land was approved in an
election held under former section 4301.353 of the Revised Code. (18) "Controlled access alcohol and beverage cabinet"
means a closed container, either refrigerated, in whole or in
part, or nonrefrigerated, access to the interior of which is
restricted by means of a device which requires the use of a key,
magnetic card, or similar device and from which beer,
intoxicating liquor, other beverages, or food may be sold. (19) "Residence district" means two or more contiguous
election precincts located within the same county and also
located within the same municipal corporation or within the
unincorporated area of the same township, as described by a
petition authorized by section 4301.33, 4301.332, 4303.29, or 4305.14 of
the Revised Code
"Community facility" means either of the following: (a) Any convention, sports, or entertainment facility or complex,
or any combination of these, that is used by or accessible to the general
public and that is owned or operated in whole or in part by the state, a state
agency, or a political subdivision of the state or that is leased from, or
located on property owned by or leased from, the state, a state agency, a
political subdivision of the state, or a convention facilities authority
created pursuant to section 351.02 Of the Revised Code; (b) An area designated as a community entertainment district
pursuant to section 4301.80 Of the Revised Code. (20) "Low-alcohol beverage" means any brewed or fermented malt product, or
any product
made from the fermented juices of grapes, fruits, or other
agricultural products, that contains either no alcohol or less
than one-half of one per cent of alcohol by volume. The beverages described
in division (B)(20) of this section do not
include a soft drink such as root beer, birch beer, or ginger
beer. (21) "Cider" means all liquids fit to use for
beverage purposes
that contain one-half of one per cent of alcohol by volume, but not more than
six per cent of alcohol by weight that are made through the normal alcoholic
fermentation of the juice of sound, ripe apples, including, without
limitation, flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must. Sec. 4301.25. (A) The liquor control commission may
suspend or revoke any permit issued pursuant to Chapters 4301.
and 4303. of the Revised Code for the violation of any of the
applicable restrictions of such chapters or of any lawful rule of
the commission or for other sufficient cause, and for the
following causes: (1) Conviction of the holder or the holder's agent or employee for
violating a section of Chapters 4301. and 4303. of the Revised
Code or for a felony; (2) The entry of a judgment pursuant to division (D) or
(E) of section 3767.05 Of the Revised Code against a permit holder or the holder's
agent or employee finding the existence of a nuisance at a liquor permit
premises or finding the existence of a nuisance as a result of the operation
of a liquor permit premises; (3) Making any false material statement in an application
for a permit; (3)(4) Assigning, transferring, or pledging a permit contrary
to the rules of the commission;
(4)(5) Selling or promising to sell beer or intoxicating
liquor to a wholesale or retail dealer who is not the holder of a
proper permit at the time of the sale or promise;
(5)(6) Failure of the holder of a permit to pay an excise tax
together with any penalties imposed by the law relating thereto
and for violation of any rule of the department of taxation in
pursuance thereof.
(B) The liquor control commission shall revoke a permit issued pursuant to
a provision of Chapter 4301. or 4303. of
the Revised Code upon the conviction of the
holder of the permit of a violation of division (C)(1) of
section 2913.46 of the Revised Code. (C) When the commission considers the length of a
suspension of a permit, it may consider the volume of the
business of the permit holder, so that the length of the
suspension is in proportion to the seriousness of the offense and
the permit holder's business in order that the suspension serve
as a penalty and a deterrent. Evidence as to the volume of
business of the permit holder may be offered by the permit holder
or subpoenaed by the commission. Sec. 4301.252. (A)(1) Except as provided in divisions (B)
and (C) of this section, when the liquor control commission
determines that the permit of any permit holder is to be
suspended under Title XLIII of the Revised Code or any rule of
the commission, the commission may issue an order allowing a
permit holder to elect to pay a forfeiture for each day of the
suspension in accordance with division (A)(2) of this section,
rather than to suspend operations under the permit holder's
permit issued for the
premises at which the violation occurred. (2)(a) If the permit holder has not violated, at the
premises for which the permit holder's permit was issued,
any provision of Title
XLIII of the Revised Code or rule of the commission during the
preceding two years, the amount of the forfeiture for each day
for the suspension shall be from one hundred to two hundred
dollars. (b) If the permit holder has violated, at the premises for
which the permit holder's permit was issued, any provision
of Title XLIII of the
Revised Code or rule of the commission for which the permit
holder has been disciplined by the commission not more than one other time
during the preceding two years, the amount of the forfeiture for each
day of the suspension shall be from two hundred to four hundred
dollars. (c) Except as provided under division (A)(2)(e) of this
section, if the permit holder has subsequently violated, at the
premises for which the permit holder's permit was issued,
any provision of Title
XLIII of the Revised Code or rule of the commission for which
the permit holder has been disciplined by the commission more than
once, but not
more than twice, during the preceding two years, the commission
shall establish the amount of the forfeiture for each day of the
suspension, but the amount shall be not less than three hundred
dollars for each day of suspension. (d) If the permit holder has subsequently violated, at the
premises for which the permit holder's permit was issued,
any provision of Title
XLIII of the Revised Code or rule of the commission for which the
permit holder has been disciplined by the commission more than twice
during the
preceding two years, the commission may suspend or revoke the
permit issued for the premises at which the violation occurred,
but shall not allow the permit holder to pay a forfeiture instead
of suspending or revoking the permit holder's permit
operations. (e) If the permit holder has committed, at the premises
for which the permit holder's permit was issued, a gambling
offense as defined in
section 2915.01, a drug abuse offense as defined in section
2925.01, an offense described in section 2907.07, 2907.21,
2907.22, 2907.23, 2907.24, 2907.25, division (A) or (B) of section 4301.22, or
section
4301.69 of the Revised Code or a municipal ordinance
substantially equivalent to any offense defined or described in a
section listed in division (A)(2)(e) of this section for which
the permit holder has been disciplined by the commission more than once
but not
more than twice during the preceding two years, the commission
may suspend or revoke the permit issued for the premises at which
the violation occurred, but shall not allow the permit holder to
pay a forfeiture instead of suspending or revoking the permit
holder's permit operations. A person does not have to plead guilty to or
be convicted of an offense defined or described in a section listed
in division (A)(2)(e) of this section in order for this division
to apply. (3) When the commission issues an order allowing a permit
holder the option of paying a forfeiture rather than suspending
operations under the permit holder's permit issued for the
premises at which the
violation occurred, the order shall notify the permit holder of
the option of paying a forfeiture. The order shall state the
number of days for which the permit may be suspended, and that
the permit holder has twenty-one days after the date on which the
order was sent to pay the full amount of the forfeiture by
certified check and that if the permit holder does not do so,
the permit holder's permit issued
for the premises at which the violation occurred shall be
suspended for the period stated in the order. If the permit
holder fails to pay the full amount of the forfeiture by
certified check within twenty-one days after the date on which
the order was sent, the commission shall issue an order
suspending the permit holder's permit issued for the
premises at which the
violation occurred for the period stated in the order allowing
payment of a forfeiture. The suspension shall be effective
on the twenty-eighth day after the date on which the order allowing
the payment of a forfeiture was sent. Even the a permit holder who
pays a forfeiture may file an appeal under section
119.12 of the Revised Code. A permit holder shall be considered
to have paid a forfeiture when the permit holder's certified
check is received by
the commission in Columbus. Upon receipt of a permit holder's
certified check under this division, the commission shall
promptly notify the division of liquor control of its receipt. (B) No permit holder shall be permitted to pay a
forfeiture instead of having the permit holder's permit
issued for the premises
at which the violation occurred suspended if the suspension is
ordered for the reasons stated in division (A)(5)(6) of
section
4301.25 of the Revised Code. (C) When the evidence and the nature of any violation of
Title XLIII of the Revised Code show that continued operation of
the permit premises presents a clear and present danger to public
health and safety, or if the commission finds, upon reliable,
probative, and substantial evidence, that the statutory elements
of a felony committed in connection with the operation of the
permit premises are present in the action for which the permit
holder is being disciplined, the commission may suspend the
permit issued for the premises at which the violation occurred
and shall not allow the permit holder to pay a forfeiture instead
of suspending the permit holder's permit operations. Sec. 4301.32. The privilege of local option as to the sale of intoxicating
liquors is hereby conferred upon the electors of an election precinct or
residence district named by the petition authorized by section 4301.33 of
the Revised Code. Upon the request of an elector, a board of elections of a county that
encompasses an election precinct or residence district shall furnish to
the
elector a copy of the instructions prepared by the secretary of state under
division (P) of section 3501.05 of the Revised Code and, within fifteen days
after the request, with a certificate indicating the number of valid
signatures that will be required upon a petition to hold a special election in
that precinct or residence district on a question specified in section
4301.35
or 4301.351 of the Revised Code. Sec. 4301.321. The electors of an election precinct may exercise the
privilege of local option over the sale of beer or intoxicating liquor by the
holder of a class C or D permit at a particular premises situated within the
precinct if,
within one
year prior to the local option election, the permit holder or
another person was convicted of or pleaded guilty to committing any
combination of three or more violations of section 2907.09, 2907.22, 2907.23,
2907.24, 2915.02, 2915.03, division (A) or (B) of section
4301.22, or division (A) of section 4301.69
premises was declared a nuisance, as defined in division (C) of
section 3767.01 of the Revised Code on the permit
premises and a judgment was entered pursuant to division (D)
or (E) of section 3767.05 Of the Revised Code in a civil action brought under
section 3767.03 or 3767.04 Of the Revised Code. The privilege conferred by this
section is in addition to and shall not be construed to conflict with
the
privilege conferred on the electors of the precincts or districts specified in
section 4301.32, 4301.322, 4301.323, or 4305.14 of the Revised
Code. Sec. 4301.322. The electors of an election precinct or residence
district
may exercise the
privilege of local option under sections 4301.353 and 4301.354 of the Revised
Code on the
sale of beer, the sale of wine and mixed
beverages, or the sale of spirituous liquor, on Sunday or on other
days of the week, in a portion of the precinct or residence district in
which
the status of such sales
as allowed or prohibited is inconsistent with the status of such sales
in the remainder of the
precinct or residence district because of a change in precinct
boundaries by
the board of elections or an annexation of territory to a municipal
corporation. The privilege conferred by
this section is in addition to
the privilege conferred on the electors of an election
precinct or residence district as specified in section 4301.32,
4301.321,
4303.29, or 4305.14
of the Revised Code. If an election is held in a residence district under section 4301.353 or
4301.354 of the Revised Code, no more than one precinct in the residence
district may be a
precinct in which the status of sales in a portion of that precinct of the
type of beer or intoxicating liquor that is the subject of the election is
inconsistent with the status of such sales in the remainder of that
precinct.
Sec. 4301.323. The electors of an election precinct may
exercise the privilege of local option on the sale of beer and
any intoxicating liquor at a particular location within the
precinct if the petitioner for local option election is one of
the following: (A) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the
precinct; (B) The holder of a liquor permit at a particular location
within the precinct; (C) A person who operates or seeks to operate a liquor
agency store at a particular location within the
precinct; (D) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A),
(B), or (C) of this section. The privilege conferred by this section is in addition to
the privilege conferred on the electors of precincts under
section 4301.32, 4301.321, 4301.322, or 4305.14 of the
Revised Code. Sec. 4301.324. The electors of a municipal corporation or the
unincorporated area of a township may exercise the privilege of local option
on the sale of beer and any intoxicating liquor at a particular location
within the municipal corporation or unincorporated area of the township if the
use of the location is as a community facility. Only the electors of the
municipal corporation or the unincorporated area of a township may exercise
this election privilege even if the community facility is partially or wholly
owned by the state of Ohio. Sec. 4301.33. (A) 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 that would be affected by the results of the election
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,
if any, 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, if any, 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, if any, 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, if any, whose names
appear on the list of affected permit
holders and liquor agency stores 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 as furnished by the
division and liquor agency stores, if any, 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 that would be affected by the results of the election. The
board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder or liquor agency store. (B) 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)(1) 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)(2) 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.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board. (4) 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. 4301.331. (A) The privilege of local option conferred by
section 4301.321 of the Revised Code may shall be exercised
if, not
later than four p.m. of the seventy-fifth day before the day of a
general or primary election, a petition together with a copy of each of the
judgment
entries of the court for the violations of section 2907.09, 2907.22, 2907.23,
2907.24, 2915.02, 2915.03, division (A) or (B) of section
4301.22, or division (A) of section 4301.69
of the Revised Code that are the grounds
for the exercise of the local option privilege is presented to
the board of elections of the county in which the precinct in
which the particular premises at which the permit holder operates
pursuant to the liquor permit that is the subject of the petition is
situated. The petition provided for in this section may consist of
one or more separate petition papers. In addition to the
requirements of this section, the petitions shall be governed by
the rules set forth in section 3501.38 of the Revised Code.
The petitioner shall attach a copy of each such judgment entry to each
petition paper the petitioner circulates. At the time the petition is
filed with the board of
elections, the petitioner shall provide to the board of elections
an affidavit certifying that at the time each signer signed the petition, the
petition paper contained a copy of
each such judgment
entry. A part
petition paper circulated at any time without the required judgment
entries attached to
it is invalid. Failure
of the petitioner to supply the affidavit required by this
section invalidates the entire petition. The petition is valid
only if the violations named in the judgment
entries occurred within one year prior
to the date of the election for which the petition is presented
to the board of elections. The petition shall be signed by the
electors of the precinct equal in number to thirty-five per cent
of the total number of votes cast in the precinct for the office
of governor at the preceding general election for that office and
If a certified copy of the judgment issued pursuant to division
(D) or (E) of section 3767.05 Of the Revised Code that is the basis for the
exercise of the local option privilege is filed PURSUANT to division
(G) of section 3767.05 of the
Revised
Code indicating that a liquor
permit premises has been adjudged a nuisance. The certified copy of the
judgment
shall be filed in accordance with this section by the person or public
official who brought the action under section 3763.03 Of the Revised Code.
(B) The certified copy of the judgment
prescribed under division (A)
of this section shall be filed with the board of elections of
the county in which the nuisance was adjudged to exist pursuant
to division (D) or
(E) of section 3767.05 of the
Revised
Code not later than four p.m.
of the seventy-fifth day before the day of the next general or
primary election. (C) The statement
prescribed under division (A)
of this section
shall contain both of the following: (A)(1) A notice that the petition statement is
for the submission of
the question set forth in section 4301.352 of the Revised Code;
(B)(2) The name of a class C or D permit holder and the
address of the permit holder's permit premises. If the business
conducted by a class C or D permit holder at the permit premises
has a name different from the permit holder's personal or
corporate name, the name of the permit holder's business shall be
stated along with the permit holder's personal or corporate name.
(D) Not later than five days after a petition the
certified copy of the judgment prescribed under division (A) of this
section is filed
under
this section, the board shall give notice by certified mail that
it has received the petition certified copy of the judgment to
the liquor permit
holder whose
permit would be affected by the results of the special election
sought required by the petition filing of the
certified copy of the judgment. Failure of the
petitioner to supply a
complete and accurate address of the liquor permit holder to the
board of elections invalidates the petition election.
Not For purposes of this section, "complete and accurate
address" means all of the following: (1) The address of the liquor permit premises; (2) The address of the statutory agent of the liquor
permit holder, if applicable; (3) The address of the liquor permit holder if different
from the liquor permit premises address. (E) Not
later than the
sixty-sixth day before the day of the next general or primary
election, whichever occurs first, the board shall examine and
determine the sufficiency of the signatures on the petition and
review, examine, and determine the validity of the petition. The
board shall certify the sufficiency and validity of any petition
determined to be valid. The board shall determine the validity
of the petition the certified copy of the judgment, make such
determination as of the
time of certification. If the board
finds that the petition is valid, it shall, and order the
holding of a
special an election in the precinct on the day of that general or
primary election for the submission of the question set forth in
section 4301.352 of the Revised Code. (F) A petition certified copy of the judgment filed
with the board of
elections under division (A) of this
section shall be open to public inspection under rules adopted by
the board. An elector who is eligible to vote on the question set
forth in section 4301.352 of the Revised Code or the permit
holder named on the petition certified copy of the judgment, not
later than four p.m.
of the
sixty-fourth day before the day of the special election at which
the question will be submitted to the electors, may file a protest
against a local option petition. The protest shall be in writing
and shall be filed with the election officials with whom the
petition certified copy of the judgment was filed. Upon the
filing of the protest,
the election
officials with whom it is filed shall promptly fix a time and
place for hearing the protest, and shall mail notice of the time
and place for hearing it to the person who filed the petition
certified copy of the judgment 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 certified copy of the
judgment. Sec. 4301.332. (A) 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
section 4301.353 or 4301.354 of the Revised Code,
at the time 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 that would be affected by the results of the election, and a form
prescribed
by the secretary of state for notifying affected permit holders
of the circulation of a petition for an election for the
submission of one or more of the questions specified in
section 4301.353 or 4301.354 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 portion of the precinct or residence district that
would be affected by the results of the election
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, if any, who would be affected by
the election. The list shall contain a heading with the
following words: "Liquor permit holders who 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, if any, who would
be
affected by the question or questions set forth on a petition for
local option election, the petitioner, using the form
provided
by the board of elections, shall notify by certified mail each permit
holder whose name appears on that list. The form for notifying
affected permit holders 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
section 4301.353 or 4301.354 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 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, if any, 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. Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in section 4301.353 or
4301.354 of the Revised Code, the board shall give notice by
certified mail that it has received the petition to all liquor
permit holders, if any, 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 as furnished by the division invalidates the entire
petition. The board
of
elections shall provide to a permit holder who would be affected
by a proposed local option election, on the permit holder's
request, the names of the streets, and, if appropriate, the
address numbers of residences and business establishments within
the portion of the precinct or residence district that would be
affected by
the results of the election. The board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder. This division does not apply to an election held under section 4301.353 or
4301.354 of the Revised Code if the results of the election would not
affect any permit holder. (B) 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 both of the questions specified in section 4301.353 of the Revised
Code, or a petition for the submission of one or more of
the questions specified in section 4301.354 of the Revised Code,
designating the particular question or questions specified in
section 4301.353 or 4301.354 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 or residence
district 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: (1) 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. (2) 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 4301.353 or 4301.354 of the Revised Code
are designated in the petition, on the day of the
next general or primary election, whichever occurs first. (C) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board. (D) 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 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. 4301.333. (A) The privilege of local
option conferred by section 4301.323 of the
Revised
Code may be exercised if, not
later than four
p.m.
of the seventy-fifth day before the day of a general or primary
election, a petition is presented to the board of elections
of the county in which the precinct is situated by a petitioner
who is one of the following: (1) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the
precinct; (2) The holder of a liquor permit at a particular location
within the precinct; (3) A person who operates or seeks to operate a liquor
agency store at a particular location within the
precinct; (4) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A)(1), (2), or
(3) of this section. (B) The petition shall be
signed by the electors of the precinct equal in number to at
least thirty-five per cent of the total number of votes cast in
the precinct for the office of governor at the preceding general
election of that office and shall contain all of the
following: (1) A notice that the petition is for the submission of
the question or questions set forth in section 4301.353 of the
Revised
Code; (2) The name of the applicant for the issuance or
transfer, or the holder, of the liquor permit or, if applicable,
the name of the liquor agency store, including any trade or
fictitious names under which the applicant or holder or liquor
agency store either intends to or does do business at the
particular location; (3) If the petitioner is the designated agent of the
applicant, liquor holder, or liquor agency store, written
evidence of the designation of the agent by the applicant,
liquor permit holder, or liquor agency store for the purpose of
petitioning for the local option election; (4) The address and proposed use of the particular
location within the election precinct to which the results of
the question or questions specified in section 4301.355 of the
Revised
Code shall apply. For purposes
of this division, "use" means all of the following: (a) The type of each liquor permit applied for by the
applicant or held by the liquor permit holder as described in
sections 4303.11 to 4303.183 of the
Revised
Code, including a description
of the type of beer or intoxicating liquor sales authorized by each permit as
provided in those sections; (b) If a liquor agency store, the fact that the business
operated as a liquor agency store authorized to operate by the
state of Ohio; (c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store. (5) An affidavit signed by the petitioner stating the
proposed use of the location following the election held to
authorize the sale of beer and intoxicating liquor. (C) Not later than the
sixty-sixth day before the day of the next general or primary
election, whichever occurs first, the board shall examine and
determine the sufficiency of the signatures and the validity of
the petition. If the board finds that the petition contains
sufficient signatures and in other respects is valid, it shall
order the holding of an election in the precinct on the
day of the next general or primary election, whichever occurs
first, for the submission of the question or questions set forth
in section 4301.355 of the
Revised
Code. (D) A petition filed with
the board of elections under this section shall be open to
public inspection under rules adopted by the board. (E) An elector who is
eligible to vote on the question or questions set forth in section
4301.355 of the Revised
Code may file, not later than
four
p.m.
of the sixty-fourth day before the day of the election
at which the question or questions will be submitted to the
electors, a protest against a local option petition circulated
and filed pursuant to this section. The protest shall be in
writing and shall be filed with the election officials with whom
the petition was filed. Upon the filing of the protest, the
election officials with whom it is filed shall promptly
establish a time and place for hearing the protest and shall
mail notice of the time and place for the hearing to the
applicant for, or the holder of, the liquor permit who is
specified in the petition and to the elector who filed the
protest. At the time and place established in the notice, the
election officials shall hear the protest and determine the
validity of the petition. Sec. 4301.334. (A) The privilege of local option conferred by
section
4301.324 Of the Revised Code may be exercised if, not later than four
p.m. of
the seventy-fifth day before the day of a general or primary election, a
petition and other information required by division (B) of this
section are presented to the board of elections of the county in which the
community facility named in the petition is located. The petition shall be
signed by electors of the election precinct or precincts in which the
community
facility is
located equal in number to at least
thirty-five per cent of the total number of votes cast in the precinct or
precincts in which the community facility is located for the
office of governor at the most recent general election for that office and
shall contain both of the following: (1) A notice that the petition is for the submission of the question set
forth in section 4301.356 Of the Revised Code; (2) The name and address of the community facility for which the local
option election is sought and, if the community facility is a community
entertainment district, the boundaries of the district. (B) Upon the request of a petitioner, a board of elections of a
county shall furnish to the petitioner a copy of the instructions prepared by
the secretary of state under division (P) of section 3501.05 Of the Revised Code
and, within fifteen days after the request, a certificate indicating the
number of valid signatures that will be required on a petition to hold an
election in the municipal corporation or unincorporated area of the township
in which the community facility is located on the question specified in
section 4301.356 Of the Revised Code. The petitioner shall, not less than thirty days before the petition-filing
deadline for an election on the question specified in section 4301.356 Of the Revised Code,
specify to the division of liquor control the name and address of the
community facility for which the election is sought and, if the community
facility is a community entertainment district, the boundaries of the
district, the municipal corporation
or unincorporated area of a township in which the election is sought, and the
filing deadline. the division shall, within a reasonable period of time and
not later than ten days before the filing deadline, supply the petitioner with
the name and address of any permit holder for or within the community
facility. The petitioner shall file the name and address of any permit holder who
would be affected by the election at the time the petitioner files the
petition with the board of elections. Within five days after receiving the
petition, the board shall give notice by certified mail to any permit holder
within the community facility that it has received
the petition. Failure of the
petitioner to supply the name and address of any permit holder for or within
the
community facility as furnished to the petitioner by the division invalidates
the petition. (C) Not later than the sixty-sixth day before the day of the next
general or primary election, whichever occurs first, the board shall examine
and determine the sufficiency of the signatures on the petition. If the board
finds that the petition is valid, it shall order the holding of an election in
the municipal corporation or unincorporated area of a township on the day of
the next general or primary election, whichever occurs first, for the
submission of the question set forth in section 4301.356 Of the Revised Code. (D) A petition filed with a board of elections under this section
shall be open to public inspection under rules adopted by the board. (E) An elector who is eligible to vote on the question set forth
in section 4301.356 Of the Revised Code or any permit holder for or within the community
facility may,
not later than four p.m. of the sixty-fourth day
before the day of the election at which the question will be submitted to the
electors, file a written protest against the local option petition with the
board of elections with which the petition was filed. Upon the filing of the
protest, the board shall promptly fix a time and place for hearing the
protest, and shall mail notice of the time and place to the person who filed
the petition and to the person who filed the protest. At the time and place
fixed, the board shall hear the protest and determine the validity of the
petition. Sec. 4301.34. The petition provided for in section 4301.33,
4301.331, or 4301.332, 4301.333, or 4301.334
of the Revised Code may consist
of one or more separate petition papers. Petitions and shall be
governed by the
rules set forth in section 3501.38 of the Revised Code. 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 or overlapping petitions containing one or more
questions to be set forth on the ballot 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 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?" No C or D permit holder who first applied for 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 or portion thereof at an election on question (A), (B), or (C)
of this section or at an election on question (A), (B), or
(C) of section 4301.354 of the Revised Code, whichever question or
questions are appropriate. 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. 4301.352. If a petition is filed under section 4301.331 of the Revised
Code for the submission of the question set forth in this section, a
special an
election shall be held in the precinct as ordered by the board of elections
under that section. The expense of holding the special election shall
be
charged to the municipal corporation or township of which the precinct is a
part. At the special that election the following question shall
be submitted to
the electors of the precinct: "Shall the sale of .......... .......... (insert a brief categorical
description of the appropriate beverage)
......... ..........
by.......... .......... (insert the 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 permit holder's business)
.......... .......... .. beer and intoxicating liquor
at........... ......... (insert the address of the
permit premises) .......... .........., which was adjudged to be a
nuisance to the public by (insert the name of the court, including the name of
the political subdivision of the court, issuing such judgment) ......... ... on
(the date the judgment was issued by the court) .......... be
permitted in this
precinct?" The board of elections shall furnish printed ballots at the special
election
described in this section as provided under section 3505.06 of the
Revised Code, except that a separate
ballot shall be used for the special this election. The
question set forth in this
section shall be printed on each ballot and the board shall insert in the
question appropriate words to complete the question. Votes shall be cast as
provided under section 3505.06 of the Revised Code. Sec. 4301.353. If a petition is filed under section 4301.332 of
the Revised Code for the
submission of the one or more questions set forth in this section, a special
election shall be held in the precinct or residence district as ordered
by the
board of elections under that section. The expense of holding the special
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 both of the following questions as designated in a
valid petition shall be submitted to the electors of the precinct or
residence
district concerning sales on days of the week other than Sunday: (A) "Shall the sales of (insert one or both of the following:
beer, or wine and mixed beverages) by the package, under permits that
authorize sale for off-premises consumption only, be permitted in a portion
of this (precinct) (district) in which the status of the sale of
(insert one
or both of the following: beer, or wine and mixed beverages) as
allowed or
prohibited is inconsistent with the status of such sale in the remainder of
the (precinct) (district)?" (B) "Shall the sale of (insert one or more of the following:
beer, wine and mixed beverages, or spirituous liquor), under permits that
authorize sale for on-premises consumption only, and under permits that
authorize sale for both on-premises and off-premises consumption, be
permitted in a portion of this (precinct) (district) in which
the status of
the sale of (insert one or more of the following: beer, wine and mixed
beverages, or spirituous liquor) as allowed or prohibited is inconsistent with
the status of such sale in the remainder of the (precinct)
(district)?" The board of elections shall furnish printed ballots at the special
election as provided under section 3505.06 of the Revised Code,
except that a separate
ballot shall be used for the special election. One or both of the questions
set forth in this section shall be printed on each ballot and the board shall
insert in the question and statement appropriate words to complete
each and a description of the portion of the precinct or residence
district that would be affected by the results of the election. The description of the portion of the precinct or residence district
shall include either the complete listing of street addresses in that portion
or a condensed text that accurately describes the boundaries of the portion
of the precinct or residence district by street name or by another name
generally known by the residents of the portion of the precinct or
residence
district. If other than a full street listing is used, the full street
listing
also shall be posted in each polling place in a location that is easily
accessible to all voters. Failure of the board of elections to completely and
accurately list all street addresses in the affected area of the precinct
or
residence district does not affect the validity of the election at which
the
failure occurred and is not grounds for contesting an election under section
3515.08 of the Revised
Code. Votes shall
be cast as provided under section 3505.06 of the Revised Code. Sec. 4301.354. If a petition is filed under section 4301.332 of the Revised
Code for the
submission of the one or more questions set forth in this section, a special
election shall be held in the precinct or residence district as ordered
by the
board of elections under that section. The expense of holding the special
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)
(district)
concerning Sunday sales: (A) "Shall the sale of intoxicating liquor be permitted in a portion of this
(precinct) (district) between the hours of one p.m. and midnight
on Sunday for
consumption on the premises where sold, where the status of such Sunday sales
as allowed or prohibited is inconsistent with the status
of such Sunday sales in the remainder of the (precinct)
(district)?" (B) "Shall the sale of intoxicating liquor
be permitted in a portion of this (precinct) (district)
between the hours of one
p.m. and midnight on Sunday for consumption on
the premises where sold at licensed premises where the sale of food and other
goods exceeds fifty per cent of the
total gross receipts of the permit holder at the premises, where the status of
such
Sunday sales as allowed or prohibited is inconsistent with the status
of such Sunday sales in the remainder of the (precinct)
(district)?" (C) "Shall the sale of wine and mixed beverages
be permitted in a portion of this (precinct) (district)
between the hours of one
p.m. and midnight on Sunday for consumption off
the premises where sold, where the status of such Sunday sales
as allowed or prohibited is inconsistent with the status of such
Sunday sales in the remainder of the (precinct) (district)?" The board of elections shall furnish printed ballots at the special
election as provided under section 3505.06 of the Revised Code, except that
a separate ballot shall be used for the special election. The one or more
questions set forth in this section shall be printed on each ballot and the
board shall insert in the question and statement appropriate words to complete
each and a description of the portion of the precinct or residence
district that would be affected by the results of the election. The description of the portion of the precinct or residence district
shall include either the complete listing of street addresses in that portion
or a condensed text that accurately describes the boundaries of the portion
of the precinct or residence district by street name or by another name
generally known by the residents of the portion of the precinct or
residence
district. If other than a full street listing is used, the full street
listing also shall be posted in each polling place in a location that is
easily accessible to all voters. Failure of the board of elections to
completely and accurately list all street addresses in the affected area of
the precinct or residence district does not affect the validity of the
election at which the failure occurred and is not grounds for contesting an
election under section 3515.08 of the Revised Code. Votes shall
be cast as provided under section 3505.06 of the Revised Code. Sec. 4301.355. (A) If a
petition is filed under section 4301.333 of the
Revised
Code for the submission of the
question or questions set forth in this section, it shall be
held in the precinct as ordered by the board of elections under
that section. The expense of holding the election shall
be charged to the municipal corporation or township of which the
precinct is a part. (B) 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: (1) "Shall the sale of beer and any intoxicating liquor be
permitted by.......(Insert name of applicant, liquor permit
holder, or liquor agency store, including trade or fictitious
name under which applicant for, or holder of, liquor permit or
liquor agency store either intends to, or does, do business at
the particular location), an ......... (insert "applicant for" or "holder
of" or "operator of") a ........(insert class name of liquor
permit or permits followed by the words "liquor permit(s)" or,
if appropriate, the words "liquor agency store for the State of
Ohio"), who is engaged in the business of .......(insert general
nature of the business in which applicant or liquor permit
holder is engaged or to be engaged at the particular location,
as described in the petition) at .......... ....(Insert address of
the particular location within the precinct as set forth in the
petition) in this precinct?" (2) "Shall the sale of beer and intoxicating liquor be
permitted for sale on Sunday by ........ (insert name of applicant,
liquor permit holder, or liquor agency store, including trade or
fictitious name under which applicant for, or holder of, liquor
permit or liquor agency store either intends to, or does, do
business at the particular location), an ......(insert
"applicant for a D-6 liquor permit," "holder of a D-6 liquor
permit," or "liquor agency store") who is engaged in the
business of ..........(insert general nature of
the business in which applicant or liquor permit
holder is engaged or to be engaged at the particular location,
as described in the petition) at......... (Insert address of the
particular location within the precinct) in this
precinct?" If the sale of beer and intoxicating liquor has been
approved at a particular location within the precinct at a
previous election held under section 4301.355 of the
Revised
Code, the ballot also shall
include the following statement: "AT a previous election held under section 4301.355 of the
REvised
Code, the electors approved the
sale of beer and intoxicating liquor at........(insert business
name and address of the particular location or locations within
the precinct where such sale has been approved at a previous
election under section 4301.355 of the
Revised
Code)." The board of elections shall furnish printed ballots at
the election as provided under section 3505.06 of the
REvised
Code, except that a separate
ballot shall be used for the election under section 4301.355 Of the Revised Code. The
question and,
if applicable, the statement set forth in this section shall be
printed on each ballot and the board shall insert in the
question and statement appropriate words to complete each. Votes
shall be cast as provided under section 3505.06 of the
Revised
Code. Sec. 4301.356. If a petition is filed under section 4301.334 Of the Revised Code for
the submission of the question set forth in this section, an election shall be
held in the municipal corporation or unincorporated area of a township as
ordered by the board of elections under that section. Except as otherwise provided in this section, if the
legislative authority of a municipal corporation in whose
territory, or the board of township trustees of a township in
whose unincorporated area, a community facility is located
submits, not later than four p.m. of
the seventy-fifth day before the day of a primary or general
election, to the board of elections of the county in which the
community facility is located an ordinance or resolution
requesting the submission of the question set forth in this
section to the electors of the municipal corporation or
unincorporated area of the township, the board of elections
shall order that an election be held on that question in the
municipal corporation or the unincorporated area of the township
on the day of the next primary or general election, whichever
occurs first. The legislative authority or board of township
trustees shall submit the name and address of any permit holder
who would be affected by the results of the election to the board of elections
at the same time it submits the ordinance or resolution. The
board of elections, within five days after receiving the name
and address, shall give notice by certified mail to each permit holder that it
has
received the ordinance or resolution. Failure of the
legislative
authority or board of township trustees to supply the name and
address of each permit holder to the board of elections
invalidates the effect of the ordinance or resolution. At the election the following question shall be submitted to the electors
of the municipal corporation or unincorporated area of a township: "Shall the sale of beer and intoxicating liquor be permitted on days of the
week other than Sunday and between the hours of one
p.m. and midnight on Sunday, at ..........
(insert name of community facility), a community facility as defined by
section 4301.01 Of the Revised Code, and located at ........ (insert the address of the
community facility and, if the community facility is a community entertainment
district, the boundaries of the district, as set forth in the petition)?" The board of elections shall furnish printed ballots at the election as
provided under section 3505.06 Of the Revised Code, except that a separate ballot shall be
used for the election. The question set forth in this section shall be
printed on each ballot and the board shall insert in the question appropriate
words to complete each, subject to the approval of the secretary of state.
Votes shall be cast as provided under section 3505.06 Of the Revised Code. Sec. 4301.36. If a majority of the electors voting in a
precinct or residence district vote "yes" on question (A), (B),
or (C) as set forth in section 4301.35 of the Revised Code, the
sales specified in such one or more of the questions on which a
majority of the electors voting in such precinct or residence district voted "yes" shall be subject in the precinct or residence district only to Chapters 4301. and 4303. of the
Revised Code. If a majority of the electors voting in such precinct or residence district vote "no" on question (A), (B), or (C) set
forth in section 4301.35 of the Revised Code, no C or D permit
holder shall sell intoxicating liquor of the kind or in the
manner specified in such one or more of the questions on which a
majority of the electors voting in the precinct or residence district voted "no," within the precinct or residence district
concerned, during the period such election is in effect as
defined in section 4301.37 of the Revised Code. If a majority of the electors voting in such precinct or residence district vote "no" on question (D) as set forth in
section 4301.35 of the Revised Code, all state liquor stores in
the precinct or residence district shall be forthwith closed and,
during the period the vote is in effect, as defined in section
4301.37 of the Revised Code, no state liquor store shall be
opened in that precinct or residence district. 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 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. 4301.362. If a majority of the electors voting on the question set forth
in section 4301.352 of the Revised Code vote "yes," the sale of beer or
intoxicating liquor by a class C or D permit holder at the specified premises
shall only be subject to Chapters 4301. and 4303. of the Revised Code. If a majority of the electors voting on the question set forth in section
4301.352 of the Revised Code vote "no," the board of elections shall notify
the division of liquor control of the final result of
the election by
certified mail. When the division
receives notice of the
final result of the election, it shall cancel and pick up the permit holder's
permit within seven days. The results of a local option election that is held in a precinct pursuant to
section 4301.352 of the Revised Code shall not affect the results of a local
option election that is held in the same precinct under section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the
Revised Code. Sec. 4301.363. (A) If a majority of the electors in a precinct
or residence district vote "yes" on question (A) as set forth in
section 4301.353 of the Revised Code, the sale of beer, or wine
and mixed beverages, as
specified in the question shall be permitted
in the portion of the precinct or residence district affected by the results
of the election for sale by the package
under permits that
authorize the sale for off-premises consumption only, subject only to
Chapters 4301. and 4303. of the Revised Code. (B) If a majority of the electors in a precinct or residence district vote "yes" on
question (B) as set forth in section 4301.353 of the Revised Code, the sale of
beer,
wine and mixed beverages, or spirituous liquor as specified in the question
shall be permitted in the portion of the precinct or residence district
affected by the results of the election under
permits that authorize the sale for on-premises consumption only, and under
permits that authorize the sale for both on-premises and off-premises
consumption, subject only to Chapters 4301. and 4303. of the Revised Code. (C) If a majority of the electors in a precinct or residence district vote "no" on question (A) as set forth in section 4301.353
of the Revised Code, no sales of
beer, or wine and mixed beverages, as specified in the question shall be
permitted in the portion of the precinct or residence district affected by the
results of the election. (D) If a majority of the electors in a precinct or residence district vote "no" on
question (B) as set forth in section 4301.353 of the Revised Code, no sales of
beer, wine and mixed beverages, or spirituous liquor as specified in the
question shall be permitted in the portion of the precinct or residence district affected by the results of the election. Sec. 4301.364. (A) If a majority of the electors in a precinct
or residence district vote "yes" on
question (A) as set forth in section 4301.354 of the Revised Code, the sale of
intoxicating liquor, of the same types as may be legally sold in the precinct
or residence district on other days of the week, shall be permitted in the
portion of the precinct
or residence district affected by the results of the election between the
hours of one p.m.
and midnight on
Sunday for consumption on the premises where sold, subject only to
Chapters 4301. and 4303. of the Revised Code. (B) If a majority of the electors in a precinct or residence district vote "yes" on question (B) as set forth in section 4301.354
of the Revised Code, the sale of intoxicating liquor,
of the same types as may be legally
sold in the precinct or residence district on other days of the week, shall be
permitted in the portion of the precinct or residence district affected by the
results of the election between the
hours of one p.m. and midnight on Sunday for
consumption on the premises where sold at licensed premises where the sale of
food and other goods exceeds fifty per cent of the total gross receipts of the
permit holder at the premises, subject only to Chapters 4301. and
4303. of the Revised Code. (C) If a majority of the electors in a precinct or residence district vote "yes" on question (C) as set forth in section 4301.354
of the Revised Code, the sale of
wine and mixed beverages shall
be permitted in the portion of the precinct or residence district affected by
the results of the election between the
hours of one p.m. and midnight on
Sunday for consumption off the premises where sold, subject only to
Chapters 4301. and 4303. of the Revised Code. (D) If a majority of the electors in a precinct or residence district vote "no" on question (A) as set forth in section 4301.354
of the Revised Code, no sale of intoxicating liquor
shall be
permitted between the hours of one
p.m. and midnight on Sunday for consumption on
the premises where sold in the portion of the precinct or residence district
affected by the results of the election. (E) If a majority of the electors in a precinct or residence district vote "no" on question (B) as set forth in section 4301.354
of the Revised Code, no sale of
intoxicating liquor,
shall be permitted between
the hours of one
p.m. and midnight on Sunday for consumption on
the premises where sold at licensed premises where the sale of food and other
goods exceeds fifty per cent of the total gross receipts of the permit holder
at the premises, in the portion of the precinct or residence district affected
by the results of the election. (F) If a majority of the electors in a precinct or residence district vote "no" on question (C) as set forth in section 4301.354
of the Revised Code, no sale of wine or mixed beverages
shall be permitted between the hours of one
p.m. and midnight on Sunday for consumption off
the premises where sold in the portion of the precinct or residence district
affected by the results of the election. Sec. 4301.365. (A) If a majority of the electors in
a precinct vote "yes" on questions
(B)(1) and (2), as set forth in section
4301.355 of the Revised
Code, the sale OF beer and
intoxicating liquor shall be allowed at the particular location
and for the use specified in the question under each permit
applied for by the petitioner or at the address listed for the
liquor agency store subject only to Chapters 4301. and 4303. of
the Revised
Code. Failure to continue to
use the particular location for any proposed or stated use set
forth in the PETITION shall constitute good cause for the denial
of a renewal of the liquor permit under division
(A) of section 4303.271 of the
Revised
Code or cause for the
NONRENEWAL or cancellation of the liquor agency store contract
by the division of liquor control, except in the case where the
liquor permit holder or liquor agency store decides to cease the
sale of beer or intoxicating liquor on
Sundays. (B) If a majority of the
electors in a precinct vote "yes" on question
(B)(1) and "no" on Question
(B)(2) as set forth in section
4301.355 of the Revised
Code, the sale of beer and
intoxicating liquor shall be allowed at the particular location
for the use specified in question
(B)(1) of section 4301.355 of the
Revised
Code and under each permit
applied for by the petitioner, except for a
D-6 permit, subject only to
Chapters 4301. and 4303. of the
Revised
Code. (C) If a majority of the
electors in a precinct vote "no" on question
(B)(1) as set forth in section
4301.355 of the Revised
Code, no sales of beer or
intoxicating liquor shall be allowed at the particular location
for the use specified in the petition during the period the
election is in effect as defined in section 4301.37 OF the
Revised
Code. (D) If a majority of the
electors in a precinct vote only on question
(B)(2) as set forth in section
4301.355 of the Revised
Code, and that vote results in
a majority "yes" vote, sales of beer or intoxicating liquor
shall be allowed at the particular location for the use
specified in the petition on
Sunday during the period the
election is in effect as defined in section 4301.37 of the
Revised
Code. (E) If a majority of the
electors in a precinct vote only on question
(B)(2) as set forth in section
4301.355 of the Revised
Code, and that vote results in
a majority "no" vote, no sales of beer or intoxicating liquor
shall be allowed at the particular location for the use
specified in the petition on
Sunday during the period the
election is in effect as defined in section 4301.37 of the
Revised
Code. (F) In case of elections in
the same precinct or overlapping precincts for the question or
questions set forth in section 4301.355 of the
Revised
Code and for a question or
questions set forth in section 4301.35, 4301.351, 4303.29, or
4305.14 of the Revised
Code, the results of the
election held on the question or questions set forth in section
4301.355 of the Revised
Code shall apply to the
particular location notwithstanding the results of the election
held on the question or questions set forth in section 4301.35,
4301.351, 4303.29, or 4305.14 of the
Revised
Code. Sec. 4301.366. If a majority of the electors voting on the question
specified in section 4301.356 Of the Revised Code vote "yes," the sale of beer and
intoxicating liquor shall be allowed at the community facility and for the use
specified in the question, subject only to this chapter and Chapter
4303. Of the Revised Code. Failure to continue to use the location as a community facility
constitutes good cause for rejection of the renewal of the liquor permit under
division (A) of section 4303.271 Of the Revised Code. If a majority of the electors voting on the question specified in section
4301.356 Of the Revised Code vote "no," no sales of beer or intoxicating liquor shall be made
at or within the community facility during the period the election is in
effect as
defined in section 4301.37 Of the Revised Code. Sec. 4301.37. (A) When a local option election, other
than an election under section 4301.351, 4301.352, 4301.353, or
4301.354, 4301.355, or 4301.356 of the Revised
Code, is held in any
precinct or residence district, except as provided in divisions
(G) and (H) of section 4301.39 of the Revised
Code, the result of the election shall
be effective in the precinct or residence district until another
election is called and held pursuant to sections 4301.32 to
4301.36 of the Revised Code, but no such election shall be held
in the precinct, residence district, or part of a residence
district on the same question more than once in each two FOUR
years. (B) When a local option election under section 4301.351 of
the Revised Code is held in any precinct or residence district,
except as provided in divisions (G) and (H) of section
4301.39 of the Revised Code,
the result of the election shall be effective in the precinct or
residence district until another election is called and held
pursuant to sections 4301.32 to 4301.361 of the Revised Code,
but no such election shall be held under section 4301.351 of the Revised Code
in the precinct, residence district, or part of a residence
district on the same question more than once in each two FOUR
years. (C) When a local option election is held in a precinct
under section 4301.352 of the Revised Code, and a majority of the
electors voting on the question vote "yes," no subsequent local
option election shall be held in the precinct upon the sale of
beer or intoxicating liquor by the class C or D permit holder at
the specified premises for a period of at least two FOUR calendar
years from the date of the most recent local option election, except
that this division shall
not be construed to prohibit the holding or
affect the results of a local option election under section
4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the
Revised Code. (D) When a local option election is held in a precinct or residence
district
under section 4301.353 or 4301.354 of the Revised Code, except as provided
in divisions (G) and (H) of section 4301.39
Of the Revised Code, the results of the
election shall be effective until another election is held under that section
on the same question, but no such election shall be held in a precinct or
residence district under that section on the same question for a period of
at
least two FOUR years from the date of the most recent election on
such
question. This division
shall not be construed to
prohibit the future holding of, or affect the future results of, a local
option election held under section 4301.35, 4301.351, 4301.355,
4303.29, or 4305.14
of the Revised Code. (E) When a local option election is held in a precinct under
section 4301.355 of the Revised Code, the results of that
election shall be effective at the particular location designated in the
petition until another election is held pursuant to section 4301.355 of the
Revised Code, or until such time as an election is held
pursuant to section 4301.352 of the Revised Code, but no
election shall be held under section 4301.355 Of the Revised Code regarding
the same use at that particular location for a period of at least four
calendar years from the date of the most recent election on such question.
The results of a local option election held in a precinct under section
4301.355 of the Revised Code shall not prohibit the holding
of, and shall be affected by the results of, a local option election held
under
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the
Revised Code. (F) When a local option election is held in a municipal
corporation or unincorporated area of a township under section 4301.356 Of the Revised Code,
the results of the election shall be effective at the community facility that
was the subject of the election until another such election is held regarding
that community facility, but no such election shall be held for a period of at
least four calendar years from the date of the election. The results of a
local option election held in a municipal corporation or unincorporated area
of a township under section 4301.356 Of the Revised Code shall not prohibit the holding of or
affect or be affected by the results of a local option election held under
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14
Of the Revised Code. (G) If a community facility is located in an election precinct
in which a previous local option election in the precinct
resulted in approval of the sale of beer or intoxicating
liquor in the precinct, the community facility shall
sell beer or intoxicating liquor only to the extent permitted by the previous
local option election until an election is held pursuant to section 4301.356
Of the Revised Code. (H) A community facility shall not be affected by a local option
election held on or after the effective date of this amendment unless the
election is held under section 4301.356 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, 4301.332, 4301.333,
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 and, if applicable, shall separately identify the portion of the
precinct or residence district affected by the election. (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, 4301.353, 4301.354, 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 or relevant portion thereof. (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. (D) On the plat of a precinct, forwarded with the results of
an election that was held under section 4301.355 OF the
Revised
Code, the board shall show and
designate all of the following: (1) All streets and highways in the precinct; (2) The address of the particular location within the
precinct to which the election results will apply as designated
in the petition that was filed under section 4301.333 of the
Revised Code; (3) The name of the applicant for the issuance or
transfer, or the holder of the liquor permit or name of the
liquor agency store, including any trade or fictitious names
under which the applicant, holder, or operator intends to, or
does, do business at the particular location, as designated in
the petition that was filed under section 4301.333 of the
Revised Code. (E) With the results of an election that was
held under section 4301.356 of the Revised
Code, the board shall designate both of the
following: (1) Each permit premises designated in the petition; (2) Each class C or
D permit holder's personal or corporate name
and, if it is different from the personal or corporate name, the
name of the business conducted by the permit holder on the designated
premises. (F) 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)(G) If, as the result of a local option election held
pursuant to section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14
Of the Revised Code, 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,
unless prior to thirty days after receipt of the final
notice of the result of such election, both of the following
occur:
(1) A petition is filed with the board of elections
pursuant to section 4301.333 of the
Revised
Code; (2) A copy of the petition filed with the board of
elections pursuant to section 4301.333 of the
Revised
Code bearing the file stamp of
the board of elections is filed with the superintendent of the
division of liquor control. If both of those conditions are met, the results of the
election held pursuant to section 4301.35, 4301.351, 4301.353,
4301.354, 4303.29, or 4305.14 of the
Revised
Code shall not take effect as
to the liquor permit holder specified in the petition filed
pursuant to section 4301.333 of the
Revised
Code until the earlier of a
determination by the board of elections and receipt of
notification of the superintendent of the division of liquor
control of notice that the petition is invalid or receipt by
the superintendent of final notice of the result of an election
held pursuant to section 4301.355 of the
Revised
Code concerning the holder of
the liquor permit that resulted in a majority "no" vote. (H) 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, or the permit holder may avail itself of the remedy set
forth in divisions (G)(1) and
(2) of this section. In such event the results of the election
shall not take effect as to the liquor permit holder specified
in the petition pursuant to section 4301.333 of the
Revised
Code until the earlier of a
determination by the board of elections and receipt by
the superintendent of the division of liquor
control of notice that the petition is invalid or receipt by
the superintendent of the final notice of the result of an
election held pursuant to section 4301.355 of the
Revised Code concerning the holder of
the liquor permit that resulted in a majority "no" vote. (F)(I) 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.
(J) 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. Sec. 4301.40. No local option election held pursuant to sections 4301.32 to
4301.39 of the Revised Code shall affect or prohibit the following: (A) The transportation, possession, or consumption of intoxicating liquors
within the precinct or residence district in which such election is
held, nor
sales in such precinct or residence district under B-3, E, or G
permits; (B) The sale of intoxicating liquors, at a permit premises located at any
publicly owned airport, as defined in section 4563.01 of the Revised Code, at
which commercial airline companies operate regularly scheduled flights on
which space is available to the public, provided the permit holder operates
pursuant to the authority of a liquor permit issued pursuant to Chapter 4303.
of the Revised Code. Sec. 4301.401. (A) Notwithstanding sections 4301.32 to
4301.391 and 4305.14 of the Revised Code, and the provisions for
local option elections and the election on the question of repeal
of Section 9 of Article XV, Ohio Constitution, in section 4303.29
of the Revised Code, all C and D permits issued prior to December
4, 1968, by the division of liquor control with
respect to
premises located in territory annexed prior to December 4, 1968,
to any township or municipal corporation in which the sale of
beer or intoxicating liquor is allowed under C or D permits, and
outstanding on that date or renewable as of
that date under
section 4303.271 of the Revised Code shall be considered as valid
and lawfully issued, and to entitle the holder to the privileges
thereof, unless such permit has been finally revoked under
Chapter 4301. of the Revised Code, and shall be renewed by the
division subject to section 4303.271 of the Revised
Code,
except that this section does not apply to a local option
election held after November 17, 1969. (B) Notwithstanding sections 4301.32 to 4301.391 and
4305.14 of the Revised Code, and the provisions for local option
elections and the election on the question of repeal of Section 9
of Article XV, Ohio Constitution, in section 4303.29 of the
Revised Code, the division may
issue any C or
D permit to a qualified applicant for a permit premises located
in an area which was formerly a part of the uninhabited,
unincorporated area of a township in which the sale of beer or
intoxicating liquor under that C or D liquor permit is prohibited
but which is currently a part of a precinct or residence district
in a municipal corporation in which the sale of beer or
intoxicating liquor under that C or D permit is allowed. Sec. 4301.74. Any person subject to an injunction, temporary or permanent,
granted pursuant to division (D) or (E) of section
4301.73 3767.05 of the Revised Code, involving a
condition described in division (C)(3) or (4) of section 3767.01
Of the Revised Code shall obey such
injunction. If such person violates such injunction, the court or in vacation
a judge thereof, may summarily try and punish the violator. The proceedings
for punishment for contempt shall be commenced by filing with the clerk of the
court from which such injunction issued information under oath setting out the
alleged facts constituting the violation, whereupon the court shall forthwith
cause a warrant to issue under which the defendant shall be arrested. The
trial may be had upon affidavits, or either party may demand the production
and oral examination of the witnesses. Sec. 4301.80. (A) As used in this section, "Community
entertainment district" means a bounded area that includes or will include a
combination of entertainment, retail, educational, sporting, social, cultural,
or arts establishments within close proximity to some or all of the following
types of establishments within the district, or other types of establishments
similar to these: (3) Retail sales establishments; (4) Enclosed shopping centers; (6) Performing arts theaters; (7) Motion picture theaters; (9) Convention facilities; (11) Entertainment facilities or complexes; (12) Any combination of the establishments described in division
(A)(1) to (11) of this section that provide similar services to the
community. (B) Any owner of property located in a municipal corporation
seeking to have that property, or that property and other surrounding
property, designated as a community entertainment district shall file an
application seeking this designation with the mayor of the municipal
corporation in which that property is located. Any owner of property located
in the unincorporated area of a township seeking to have that property, or
that property and other surrounding property, designated as a community
entertainment district shall file an application seeking this designation with
the board of township trustees of the township in whose unincorporated area
that property is located. An application to designate an area as a community
entertainment district shall contain all of the following: (1) The applicant's name and address; (2) A map or survey of the proposed community entertainment district in
sufficient detail to identify the boundaries of the district and the property
owned by the applicant; (3) A general statement of the nature and types of establishments
described in division (A) of this section that are or
will be located within the proposed community improvement district and any
other establishments located in the proposed community entertainment district
that are not described in division (A) of this section; (4) If some or all of the establishments within the proposed community
entertainment district have not yet been developed, the proposed time frame
for completing the development of these establishments; (5) Evidence that the uses of land within the proposed community
entertainment district are in accord with the municipal corporation's or
township's master zoning plan or map; (6) A certificate from a surveyor or engineer licensed under
Chapter 4733. Of the Revised Code indicating that the area encompassed by the
proposed community entertainment district contains no less than twenty
contiguous acres; (7) A handling and processing fee to accompany the application, payable to
the applicable municipal corporation or township, in an amount determined by
that municipal corporation or township. (C) An application described in division (B) of this
section relating to an area located in a municipal corporation shall be
addressed and submitted to the mayor of the municipal corporation in which the
area described in the application is located. The mayor, within thirty days
after receiving the application, shall submit the application with the mayor's
recommendation to the legislative authority of the municipal corporation. An
application described in division (B) of this section relating to an
area located in the unincorporated area of a township shall be addressed and
submitted to the board
of township trustees of the township in whose unincorporated area the area
described in the application is located. The application is a public record
for purposes of section 149.43 Of the Revised Code upon its receipt by the mayor or board of
township trustees. Within thirty days after it receives the application and the mayor's
recommendations relating to the application, the legislative authority of the
municipal corporation, by notice published once a week for two consecutive
weeks in at least one newspaper of general circulation in the municipal
corporation, shall notify the public that the application is on file in the
office of the clerk of the municipal corporation and is available for
inspection by the public during regular business hours.
Within thirty days after it receives the application, the board of township
trustees, by notice published once a week for two consecutive weeks in at
least one newspaper of general circulation in the township, shall notify the
public that the application is on file in the office of the township clerk and
is available for inspection by the public during regular business hours. The
notice shall also indicate the date and time of any public hearing by the
legislative authority or board of township trustees on the application. Within seventy-five days after the date the application is filed with the
mayor of a municipal corporation, the legislative authority of the municipal
corporation by ordinance or resolution shall approve or disapprove the
application based on whether the proposed community entertainment district
does or will substantially contribute to entertainment, retail, educational,
sporting, social, cultural, or arts opportunities for the community. The
community considered shall at a minimum include the municipal corporation in
which the community is located. Any approval of an application shall be by an
affirmative majority vote of the legislative authority. Within seventy-five days after the date the application is filed with a
board of township trustees, the board by resolution shall approve or
disapprove the application based on whether the proposed community
entertainment district does or will substantially contribute to entertainment,
retail, educational, sporting, social, cultural, or arts opportunities for the
community. The community considered shall at a minimum include the township
in which the community is located. Any approval of an application shall be by
an affirmative majority vote of the board of township trustees. If the legislative authority or board of township trustees disapproves the
application, the applicant may make changes in the application to secure its
approval by the legislative authority or board of township trustees. Any area
approved by the legislative authority or board of township trustees
constitutes a community entertainment district, and a local option election
may be conducted in the district, as a type of community facility, under
section 4301.356 Of the Revised Code. (D) All or part of an area designated as a community
entertainment district may lose this designation as provided in this division.
The legislative authority of a municipal corporation in which a community
entertainment district is located, or the board of township trustees of the
township in whose unincorporated area a community entertainment district is
located, after giving notice of its proposed action by publication once a week
for two consecutive weeks in at least one newspaper of general circulation in
the municipal corporation or township, may determine by ordinance or
resolution in the case
of the legislative authority of a municipal corporation, or by resolution in
the case of a board of township trustees of a township, that all or part of
the area fails to meet the standards described in this section
for designation of an area as a community entertainment district. If the
legislative authority or board so determines, the area designated in the
ordinance or resolution no longer constitutes a community entertainment
district. Sec. 4303.021. Permit A-1-A may be issued to the holder of
an A-1 or A-2 permit to sell beer and any intoxicating liquor at
retail, only by the individual drink in glass or from a
container, provided such A-1-A permit premises are situated on
the same parcel or tract of land as the related A-1 or A-2
manufacturing permit premises or are separated therefrom only by
public streets or highways or by other lands owned by the holder
of the A-1 or A-2 permit and used by the holder in
connection with or in
promotion of the holder's A-1 or A-2 permit business. The
fee for this
permit is three thousand one hundred twenty-five dollars. The
holder of an A-1-A permit may sell beer and any intoxicating
liquor during the same hours as the holders of D-5 permits under
this chapter or Chapter 4301. of the Revised Code or the rules of
the liquor control commission and shall obtain a restaurant
license pursuant to section 3732.03 of the Revised Code. Except as otherwise provided in this section, no new A-1-A
permit shall be issued to the holder of an A-1 or A-2 permit
unless the sale of beer and intoxicating liquor under class D
permits is permitted in the residence district precinct in which
the A-1
or A-2 permit is located and, in the case of an A-2 permit,
unless the holder of the A-2 permit manufactures or has a storage
capacity of at least twenty-five thousand gallons of wine per
year. The immediately preceding sentence does not prohibit the
issuance of an A-1-A permit to an applicant for such a permit who
is the holder of an A-1 permit and whose application was filed
with the division of liquor control before June 1,
1994. The
liquor control commission shall not restrict the number of A-1-A
permits which may be located within a residence district. As
used in this section, "residence district" has the same meaning
as in section 4301.01 of the Revised Code precinct. Sec. 4303.181. (A) Permit D-5a
may be issued either to the owner or operator of a hotel or motel
required to be licensed under section 3731.03 of the Revised Code
containing at least fifty rooms for registered transient guests,
and which qualifies under the other requirements of this section,
or to the owner or operator of a restaurant specified under this
section to sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold, and to registered guests
in their rooms, which may be sold by means of a controlled access
alcohol and beverage cabinet in accordance with division (B) of
section 4301.21 of the Revised Code; and to sell the same
products in the same manner and amounts not for consumption on
the premises as may be sold by holders of D-1 and D-2 permits.
The premises of the hotel or motel shall include a restaurant
licensed pursuant to section 3732.03 of the Revised Code
affiliated with the hotel or motel and within or contiguous to
the hotel or motel, serving food within the hotel or motel, but
the principal business of the owner or operator of the hotel or
motel shall be the accommodation of transient guests. In
addition to the privileges authorized herein, the holder of a
D-5a permit may exercise the same privileges as the holder of a
D-5 permit. The owner or operator of a hotel, motel, or restaurant who qualified for and
held a D-5a permit on
August 4, 1976, may, if the owner or operator person held another
permit before holding a D-5a permit, either retain a D-5a permit or apply for
the permit formerly held, and the division of liquor
control shall issue the permit for which the owner or operator person
applies and formerly held, notwithstanding any quota. A D-5a permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which may be issued. The fee for this permit is one
thousand eight hundred seventy-five dollars. (B) Permit D-5b may be issued to
the owner, operator, tenant, lessee, or occupant of an enclosed
shopping center to sell beer and intoxicating liquor at retail,
only by the individual drink in glass and from the container, for
consumption on the premises where sold; and to sell the same
products in the same manner and amount not for consumption on the
premises as may be sold by holders of D-1 and D-2 permits. In
addition to the privileges authorized in this section, the holder
of a D-5b permit may exercise the same privileges as a holder of
a D-5 permit. A D-5b permit shall not be
transferred to another location. One D-5b permit may be issued at
an enclosed shopping center containing at least two hundred
twenty-five thousand, but less than four hundred thousand, square
feet of floor area. Two D-5b permits may be issued at
an enclosed shopping center containing at least four hundred
thousand square feet of floor area. No more than one D-5b permit
may be issued at an enclosed shopping center for each additional
two hundred thousand square feet of floor area or fraction
thereof, up to a maximum of five D-5b permits for each enclosed
shopping center. The number of D-5b permits that may be issued
at an enclosed shopping center shall be determined by subtracting
the number of D-3 and D-5 permits issued in the enclosed shopping
center from the number of D-5b permits that otherwise may be
issued at the enclosed shopping center under the formulas
provided in this division. Except as provided in this section,
no quota shall be placed on the number of D-5b permits that may
be issued. Notwithstanding any quota provided in this section,
the holder of any D-5b permit first issued in accordance with
this section is entitled to its renewal in accordance with
section 4303.271 of the Revised Code. The holder of a D-5b permit
issued before April 4, 1984, whose tenancy is terminated for a
cause other than nonpayment of rent, may return the D-5b
permit
to the division of liquor control and the
division shall
cancel that permit. Upon cancellation of that permit and upon
the permit holder's payment of taxes, contributions, premiums,
assessments, and other debts owing or accrued upon the date of
cancellation to this state and its political subdivisions and a
filing with the division of a
certification
thereof, the division shall issue to that person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as that person
requests. The division shall issue the D-5 permit,
or the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, D-3, or D-5
permits currently issued in the municipal corporation or in the
unincorporated area of the township where that person's proposed
premises is located equals or exceeds the maximum number of such
permits that can be issued in that municipal corporation or in
the unincorporated area of that township under the population
quota restrictions contained in section 4303.29 of the Revised
Code. Any such D-1, D-2, D-3, or D-5 permit so issued shall not
be transferred to another location. If a D-5b permit is canceled
under the provisions of this paragraph, the number of D-5b
permits that may be issued at the enclosed shopping center for
which the D-5b permit was issued, under the formula provided in
this division, shall be reduced by one if the enclosed shopping
center was entitled to more than one D-5b permit under the
formula. The fee for this permit is one
thousand eight hundred seventy-five dollars. (C) Permit D-5c may be issued
either to the owner or operator of a restaurant licensed pursuant
to section 3732.03 of the Revised Code, and which qualifies under
the other requirements of this section to sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and to sell the same products in the same manner and
amounts not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized herein, the holder of a D-5c permit may exercise the
same privileges as the holder of a D-5 permit. To qualify for a D-5c permit, the
owner or operator of a restaurant licensed pursuant to section
3732.03 of the Revised Code shall have operated the
restaurant at
the proposed premises for not less than twenty-four consecutive
months immediately preceding the filing of an application
therefor, have applied for a D-5 permit no later than
December 31, 1988, and appear on the division's quota waiting list for not less
than six months
immediately preceding the filing of an application therefor. In
addition to these requirements, the proposed D-5c permit premises
shall be located within a municipal corporation and further
within
an election precinct which, at the time of the applications, has
no more than twenty-five per cent of its total land area zoned
for residential use. A D-5c permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which may be issued. Any person who has held a D-5c
permit for at least two years may apply for a D-5 permit, and the
division of liquor control shall issue the D-5 permit
notwithstanding the quota restrictions contained in section
4303.29 of the Revised Code or in any rule of the liquor control
commission. The fee for this permit is one
thousand two hundred fifty dollars. (D) Permit D-5d may be issued to
either the owner or operator of a restaurant that is licensed
pursuant to section 3732.03 of the Revised Code and located at an
airport operated by a board of county commissioners pursuant to
section 307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the
Revised Code. Not more than one D-5d permit shall be issued in
each county. The holder of a D-5d permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized in this division, the holder of a D-5d
permit may exercise the same privileges as the holder of a D-5
permit. A D-5 D-5d permit shall not be
transferred to another location. Except as otherwise provided in
this division, no quota restrictions shall be placed on the
number of such permits which may be issued. The fee for this permit is one
thousand eight hundred seventy-five dollars. (E) Permit D-5e may be issued to
any nonprofit organization that is exempt from federal income
taxation under "The Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as amended, or that is a charitable
organization under any chapter of the Revised Code, and that owns
or operates a riverboat which meets all of the following: (1) Is permanently docked at one
location; (2) Is designated as a an
historical riverboat by the Ohio historical society; (3) Contains not less than
fifteen hundred square feet of floor area; (4) Has a seating capacity of
fifty or more persons. The holder of a D-5e permit may
sell beer and intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. A D-5e permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which may be issued. The
population quota restrictions contained in section 4303.29 of the
Revised Code or in any rule of the liquor control commission
shall not apply to this division and the division
shall issue a
D-5e permit to any applicant who meets the requirements of this
division. However, the division shall not issue a
D-5e permit
if the permit premises or proposed permit premises are located
within an area in which the sale of spirituous liquor by the
glass is prohibited. The fee for this permit is nine
hundred seventy-five dollars. (F) Permit D-5f may be issued to
either the owner or the operator of a food service operation
licensed under section 3732.03 of the Revised Code that meets all
of the following: (1) Contains not less than
twenty-five hundred square feet of floor area; (2) Is located on or in, or
immediately adjacent to, the shoreline of, a navigable river; (3) Provides docking space for
twenty-five boats; (4) Provides entertainment and
recreation, provided that not less than fifty per cent of the
business on the permit premises shall be preparing and serving
meals for a consideration. In addition, each application for
a D-5f permit shall be accompanied by a certification from the
local legislative authority that the issuance of the D-5f permit
is not inconsistent with that political subdivision's
comprehensive development plan or other economic development goal
as officially established by the local legislative authority. The holder of a D-5f permit may
sell beer and intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. A D-5f permit shall not be
transferred to another location. No more than fifteen D-5f
permits shall be issued by the division of liquor
control, and
no more than two such permits shall be issued in any county.
However, the division shall not issue a D-5f permit
if the
permit premises or proposed permit premises are located within an
area in which the sale of spirituous liquor by the glass is
prohibited. A fee for this permit is one
thousand eight hundred seventy-five dollars. As used in this division,
"navigable river" means a river which is also a "navigable water"
as that term is defined in the "Federal Power Act," 94 Stat. 770
(1980), 16 U.S.C. 796. (G) Permit D-5g may be issued to
a nonprofit corporation that is either the owner or the operator
of a national professional sports museum. The holder of a D-5g
permit may sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold. The holder of a D-5g
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after one a.m. A D-5g permit shall
not be transferred to another location. No quota restrictions
shall be placed on the number of D-5g permits that may be issued. The fee for
this permit is one thousand five hundred dollars. (H) Permit D-5h may be issued to any nonprofit
organization that is exempt from federal income taxation under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that owns or operates a fine arts museum
and has no less than five thousand bona fide members possessing
full membership privileges. The holder of a D-5h permit may sell
beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. The holder of a D-5h permit shall
sell no beer or intoxicating liquor for consumption on the
premises where sold after one a.m. A D-5h permit shall not be
transferred to another location. No quota restrictions shall be
placed on the number of D-5h permits that may be issued. The fee
for this permit is one thousand five hundred dollars. (I) Permit D-5i may be issued to either the owner or the
operator of a food service operation licensed under section
3732.03 of the Revised Code that meets all of the following
requirements: (1) It is located in a municipal corporation or a township
with a population of fifty thousand or less; (2) It has inside seating capacity for at least one
hundred eighty forty persons; (3) It has at least seven five thousand square feet of floor
area; (4) It offers full-course meals, appetizers, and
sandwiches; (5) Its receipts from beer and liquor sales do not exceed
twenty-five per cent of its total gross receipts; (6) The value of its real and personal property exceeds
one million three nine hundred twenty-five thousand
dollars. The holder of a D-5i permit shall cause an independent
audit to be performed at the end of one full year of operation
following issuance of the permit, in order to verify the
requirements of division (I)(5) of this section. The results of
the independent audit shall be transmitted to the
division. Upon determining that the receipts of the holder from beer
and liquor sales exceeded twenty-five per cent of its total gross
receipts, the division shall suspend the permit of
the permit
holder under section 4301.25 of the Revised Code and may allow
the permit holder to elect a forfeiture under section 4301.252 of
the Revised Code. The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to the
privileges authorized in division (I) of this section, the holder
of a D-5i permit may exercise the same privileges as the holder
of a D-5 permit. A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i
permit
unless the food service operation for which it is issued
continues to meet the requirements described in divisions (I)(1)
to (6) of this section. No quota restrictions shall be placed on
the number of D-5i permits that may be issued. The fee for this
permit is one thousand eight hundred seventy-five dollars. Sec. 4303.202. (A) The
division of liquor control may issue an F-2 permit to an
association or corporation, or to a recognized subordinate lodge,
chapter, or other local unit of an association or corporation, to
sell beer or intoxicating liquor by the individual drink at an
event to be held on premises located in a political subdivision
or part thereof where the sale of beer or intoxicating liquor on
that day is otherwise permitted by law. The division of liquor control may issue an
F-2 permit to an association or
corporation, or to a recognized subordinate lodge, chapter, or
other local unit of an association or CORPORATION, to sell beer,
wine, and spirituous liquor by the individual drink at an event
to be held on premises located in a political subdivision or
part thereof where the sale of beer and wine, but not spirituous
liquor, is otherwise permitted by law on that day. Notwithstanding section 1711.09 of the
Revised
Code, this section applies to
any association or corporation or a recognized subordinate
lodge, Chapter, or other local unit of an association or
corporation. In order to receive an F-2
permit, the association, corporation, or local unit shall be
organized not for profit, shall be operated for a charitable,
cultural, fraternal, or educational purpose, and shall not be
affiliated with the holder of any class of liquor permit, other
than a D-4 permit. The premises on which the permit
is to be used shall be clearly defined and sufficiently
restricted to allow proper supervision of the permit use by state
and local law enforcement personnel. An F-2 permit may be issued
for the same premises for which another class of permit is
issued. No F-2 permit shall be effective
for more than forty-eight consecutive hours, and sales shall be
confined to the same hours permitted to the holder of a D-3
permit. The division shall not issue more than two F-2
permits
in one calendar year to the same association, corporation, or
local unit of an association or corporation. The fee for an F-2
permit is seventy-five dollars. If an applicant wishes the holder
of a D-3, D-4, or D-5 permit to conduct the sale of beer and
intoxicating liquor at the event, the applicant may request that
the F-2 permit be issued jointly to the association, corporation,
or local unit and the D-permit holder. If a permit is issued
jointly, the association, corporation, or local unit and the
D-permit holder shall both be held responsible for any conduct
that violates laws pertaining to the sale of alcoholic beverages,
including sales by the D-permit holder; otherwise, the
association, corporation, or local unit shall be held
responsible. In addition to the permit fee paid by the
association, corporation, or local unit, the D-permit holder
shall pay a fee of ten dollars. A D-permit holder may receive an
unlimited number of joint F-2 permits. Any association, corporation, or
local unit applying for an F-2 permit shall file with the
application a statement of the organizational purpose of the
association, corporation, or local unit, the location and purpose
of the event, and a list of its officers. The application form
shall contain a notice that a person who knowingly makes a false
statement on the application or statement is guilty of the crime
of falsification, a misdemeanor of the first degree. In ruling
on an application, the division shall consider, among other
things, the past activities of the association, corporation, or
local unit and any D-permit holder while operating under other
F-2 permits, the location of the event for which the current
application is made, and any objections of local residents or law
enforcement authorities. If the division approves the
application, it shall send copies of the approved application to
the proper law enforcement authorities prior to the scheduled
event. Using the procedures of Chapter
119. of the Revised Code, the liquor control commission may adopt
such rules as are necessary to administer this section. (B) No association, corporation,
local unit of an association or corporation, or D-permit holder
who holds an F-2 permit shall sell beer or intoxicating liquor
beyond the hours of sale allowed by the permit. This division
imposes strict liability on the holder of such permit and on any
officer, agent, or employee of such permit holder. Sec. 4303.26. (A) Applications for regular permits
authorized by sections 4303.02 to 4303.23 of the Revised Code may
be filed with the division of liquor control. No permit
shall
be issued by the division until fifteen days after the
application for it is filed. An applicant for the issuance of a
new permit shall pay a processing fee of one hundred dollars when
filing application for the permit, if the permit is
then available, or shall pay the processing fee when a permit becomes
available, if it is not available when the applicant initially
files the application. When an application for a new class C or
D permit is filed, when class C or D permits become available, or
when an application for transfer of ownership of a class C or D
permit or transfer of a location of a class C or D permit is
filed, no permit shall be issued, nor shall the location or the
ownership of a permit be transferred, by the division until the
division notifies the legislative authority of the municipal
corporation, if the business or event is or is to be located
within the corporate limits of a municipal corporation, or the
clerk of the board of county commissioners and township trustees
in the county in which the business or event is or is to be
conducted, if the business is or is to be located outside the
corporate limits of a municipal corporation, and an opportunity
is provided officials or employees of the municipal corporation
or county and township, who shall be designated by the
legislative authority of the municipal corporation or the board
of county commissioners or township trustees, for a complete
hearing upon the advisability of the issuance, transfer of
ownership, or transfer of location of the permit. In this
hearing, no objection to the issuance, transfer of ownership, or
transfer of location of the permit shall be based upon
noncompliance of the proposed permit premises with local zoning
regulations which prohibit the sale of beer or intoxicating
liquor, in an area zoned for commercial or industrial uses, for a
permit premises that would otherwise qualify for a proper permit
issued by the division. When the division sends notice to the legislative or
executive authority of the political subdivision, as required by
this section, the division shall also so notify, by certified
mail, return receipt requested, or by personal service, the chief
peace officer of the political subdivision. Upon the request of
the chief peace officer, the division shall send the chief peace officer a
copy of the application for the issuance or the transfer of ownership or
location of the permit and all other documents or materials filed
by the applicant or applicants in relation to the application.
The chief peace officer may appear and testify, either in person
or through a representative, at any hearing held on the
advisability of the issuance, transfer of ownership, or transfer
of location of the permit. The hearing shall be held in the
central office of the division, except that upon written
request of the legislative authority of the municipal corporation
or the board of county commissioners or township trustees, the
hearing shall be held in the county seat of the county where the
applicant's business is or is to be conducted. If the business or event specified in an application for
the issuance, transfer of ownership, or transfer of location of
any regular permit authorized by sections 4303.02 to 4303.23 of
the Revised Code, except for an F-2 permit, is, or is to be
operated, within five hundred feet from the boundaries of a
parcel of real estate having situated on it a school, church,
library, public playground, or township park, no permit shall be
issued, nor shall the location or the ownership of a permit be
transferred, by the division until written notice of the
filing
of the application with the division is served, by certified
mail, return receipt requested, or by personal service, upon the
authorities in control of the school, church, library, public
playground, or township park and an opportunity is provided them
for a complete hearing upon the advisability of the issuance,
transfer of ownership, or transfer of location of the permit. In
this hearing, no objection to the issuance, transfer of
ownership, or transfer of location of the permit shall be based
upon the noncompliance of the proposed permit premises with local
zoning regulations which prohibit the sale of beer or
intoxicating liquor, in an area zoned for commercial or
industrial uses, for a permit premises that would otherwise
qualify for a proper permit issued by the
division. Upon the written request of
any such authorities, the
hearing shall be held in the county seat of the county where the
applicant's business is or is to be conducted. A request for any hearing authorized by this section shall
be made no later than thirty days from the time of notification
by the division. This thirty-day period begins on the date the
division mails notice to the legislative authority or
the date on which the division mails notice to or, by
personal service, serves notice upon, the institution. The
division shall conduct a hearing if the request for the
hearing is
postmarked by the deadline date. The division may allow, upon cause shown by
the requesting legislative authority or board, an extension of
thirty additional days for the legislative authority of the
municipal corporation, board of township trustees of the
township, or board of county commissioners of the county in which
a permit premises is or is to be located to object to the
issuance, transfer of ownership, or transfer of location of a
permit. Such request for the extension shall be made by the
legislative authority or board to the division no later than
thirty days after the time of notification by the division. (B)(1) When an application for transfer of ownership of a
permit is filed with the division, the
division shall give
notice of the application to the department of taxation. Within
twenty days after receiving this notification, the department
of taxation shall notify the division of liquor control and
the proposed transferee of the permit if the permit holder owes to
this state any delinquent sales taxes or income taxes withheld
from employee compensation or has failed to file any sales tax
returns or employee income tax withholding returns, to the extent
that such delinquent taxes and delinquent returns are known to
the department of taxation at that time. The division shall not transfer
ownership of the permit until
returns known to be delinquent are filed and until any such tax
or withholding delinquency is resolved. As used in this
division, "resolved" means that the tax or withholding
delinquency has been paid or an amount sufficient to satisfy the
delinquency is in escrow for the benefit of the state. The
department of taxation shall notify the division of the resolution. After the
division has received such notification from the department of
taxation, the division may proceed to
transfer ownership of the permit. Nothing in this division shall
be construed to affect or limit the responsibilities or
liabilities of the transferor or the transferee imposed by
Chapter 5739. or 5747. of the Revised Code. (2) Notwithstanding section 5703.21 of the Revised Code,
nothing prohibits the department of taxation from disclosing to
the division or to the proposed transferee
or the proposed transferee's designated agent any
information pursuant to division
(B)(1) of this section. (C) No F or F-2 permit shall be issued for an event until
the applicant has, by means of a form that the division shall
provide to the applicant, notified the chief peace officer of the
political
subdivision in which the event will be conducted of the date,
time, place, and duration of the event. (D) The division of liquor control shall notify an applicant for
a permit authorized by sections 4303.02 to 4303.23 of the Revised
Code of an action pending or judgment entered against a liquor permit
premises, of which the division has knowledge, pursuant to section 3767.03
or 3767.05 of the Revised Code if the applicant is applying
for a permit at the location of the premises that is the subject of the action
under section 3767.03 or judgment under section 3767.05 of the
Revised Code. Sec. 4303.261. If a permit
issued under this chapter is canceled as the result of an
election held under sections 4301.32 to 4301.41 or section
4305.14 of the Revised Code and the permit premises for that
permit is in a building located in more than one election
precinct or residence district, the division of liquor
control
shall not transfer that permit or another permit of the same
class, or issue another permit of the same class, to a premises
in another part of the same building that is not located in the
precinct or residence district in which the local option election
was held, until the results of a subsequent local option election
held in that precinct or residence district allow the issuance or
transfer of location of the permit in that precinct or residence
district. Sec. 4303.29. (A) No permit, other than an H permit,
shall be issued to a firm or partnership unless all the members
of said firm or partnership are citizens of the United States and
a majority have resided in this state for one year prior to
application for such permit. No permit, other than an H permit,
shall be issued to an individual who is not a
citizen of the
United States who has resided in this state for at least one year
prior to application for such permit. No permit, other than an E
or H permit, shall be issued to any corporation organized under
the laws of any country, territory, or state other than Ohio
until it has furnished the division of liquor control with
evidence that it has complied with the laws of this state
relating to the transaction of business in this state. The division may refuse to issue any permit to or refuse
to renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a
liquor permit
business in this state. No holder of a permit shall sell,
assign, transfer, or pledge such permit, without the written
consent of the division. (B)(1) No more than one of each type of C or D permits
shall be issued to any one person, firm, or corporation in any
county having a population of less than twenty-five thousand, and
no more than one of each type of C or D permits to any one
person, firm, or corporation for any additional twenty-five
thousand or major fraction thereof in any county having a greater
population than twenty-five thousand, provided that in the case
of D-3, D-3a, D-4, and D-5 permits no more than one permit shall
be issued to any one person, firm, or corporation in any county
having a population of less than fifty thousand, and no more than
one such permit to any one person, firm, or corporation for any
additional fifty thousand or major fraction thereof in any county
having a greater population than fifty thousand. (2) No D-3 permit shall be issued to any club unless such
club has been continuously engaged in the activity specified in
section 4303.15 of the Revised Code, as a qualification for such
class of permit, for two years at the time such permit is issued. (3)(a) Subject to division (B)(3)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part thereof,
and one D-1 and D-2 permit shall be issued for each two thousand
population or part thereof, in each municipal corporation and in
the unincorporated area of each township. Subject to division (B)(3)(b) of this section, not more
than one D-3, D-4, or D-5 permit shall be issued for each two
thousand population, or part thereof, in any municipal
corporation and in the unincorporated area of any township,
except that in any city of a population of fifty-five thousand or
more one D-3 permit may be issued for each fifteen hundred
population, or part thereof. (b) Nothing in division (B)(3)(a) of this section shall be
construed to prohibit the transfer of location or the transfer of
ownership and location of a C-1, C-2, D-1, D-2, D-3, or D-5
permit from a municipal corporation or the unincorporated area of
a township in which the number of permits of that class exceeds
the number of such permits authorized to be issued under division
(B)(3)(a) of this section to an economic development project
located in another municipal corporation or the unincorporated
area of another township in which no additional permits of that
class may be issued under division (B)(3)(a) of this section. Factors that shall be used to determine the designation of
an economic development project include, but are not limited to,
architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The superintendent of
liquor control shall determine whether the existing or
proposed business that is seeking a permit described in division
(B)(3)(b) of this section qualifies as an economic development
project and, if the superintendent determines that it so
qualifies, shall designate the business as an economic development project. (4) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available
to the public. A municipal corporation applying for a permit for
such a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code. (5) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a
soldiers' memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by such a board for such a premises is
exempt from the population restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued to the board of trustees of a soldiers' memorial for a
premises located at a soldiers' memorial shall not be
transferred. A board of trustees of a soldiers' memorial
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
soldiers' memorial is subject to section 4303.31 of the Revised
Code. (6) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a
permit is exempt from the population quota restrictions contained
in this section and from the population quota restrictions
contained in any rule of the liquor control commission. A
municipal corporation, township, county, park district, or state
agency applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a golf course is subject to section 4303.31 of the Revised Code. (7) As used in division (B)(7) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code,
"state fairgrounds" means the property that is held by the state
for the purpose of conducting fairs, expositions, and exhibits
and that is maintained and managed by the Ohio expositions
commission under section 991.03 of the Revised Code, and "capitol
square" has the same meaning as in section 105.41 of the Revised Code. Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of either the state fairgrounds or capitol square. An
application for a D
permit for the state fairgrounds or capitol square is exempt from the
population
quota restrictions contained in this section and from the
population quota restrictions contained in any rule of the liquor
control commission. The location of a D permit issued for the
state fairgrounds or capitol square shall not be transferred. An applicant
for a
D-1, D-2, D-3, or D-5 permit for the state fairgrounds is not
subject to section 4303.31 of the Revised Code. Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one
week before or for three days after, any fair held at the state
fairgrounds. (8) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a D
permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park. (C)(1) As used in this division, "residence district" has
the same meaning as in section 4301.01 of the Revised Code. (2) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct or residence district in any municipal
corporation or in any election precinct or residence district in
the unincorporated area of any township, in which at the
November, 1933, election a majority of the electors voting
thereon in the municipal corporation or in the unincorporated
area of the township voted against the repeal of Section 9 of
Article XV, Ohio Constitution, unless the sale of spirituous
liquor by the glass is authorized by a majority vote of the
electors voting on the question in the precinct or residence
district at an election held pursuant to this section or by a
majority vote of the electors of the precinct or residence
district voting on question (C) at a special local option
election held in the precinct or residence district pursuant to
section 4301.35 of the Revised Code. Upon the request of an
elector, the board of elections of the county that encompasses
the precinct or the residence district shall furnish the elector
with a copy of the instructions prepared by the secretary of
state under division (P) of section 3501.05 of the Revised Code
and, within fifteen days after the request, a certificate of the
number of signatures required for a valid petition under this
section.
Upon the petition of thirty-five per cent of the total
number of voters voting in any such precinct or residence
district for the office of governor at the preceding general
election, filed with the board of elections of the county in
which such precinct or the residence district is located not
later than seventy-five days before a general election, such
board shall prepare ballots and hold an election at such general
election upon the question of allowing spirituous liquor to be
sold by the glass in such precinct or residence district. Such
ballots shall be approved in form by the secretary of state. The
results of such election shall be certified by the board to the
secretary of state, who shall certify the same to the division. (3)(2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the
sale of such liquor by the drink has been authorized by vote of
the electors as provided in this section or in section 4301.35 of
the Revised Code.
(D) Any holder of a C or D permit whose permit premises
were purchased in 1986 or 1987 by the state of Ohio or any state
agency for highway purposes shall be issued the same permit at
another location notwithstanding any quota restrictions contained
in this chapter or in any rule of the liquor control commission. Sec. 4303.292. (A) The division of liquor control may
refuse to issue, transfer the ownership of, or renew, and shall
refuse to transfer the location of any retail permit issued under
this chapter if it finds: (1) That the applicant, any partner, member, officer,
director, or manager thereof, or any shareholder owning ten per
cent or more of its capital stock: (a) Has been convicted at any time of a crime which
relates to fitness to operate a liquor establishment; (b) Has operated liquor permit businesses in a manner
that demonstrates a disregard for the laws, regulations, or local
ordinances of this state or any other state; (c) Has misrepresented a material fact in applying to the
division for a permit; (d) Is in the habit of using alcoholic beverages or
dangerous drugs to excess, or is addicted to the use of
narcotics. (2) That the place for which the permit is sought: (a) Does not conform to the building, safety, or health
requirements of the governing body of the county or municipality
in which the place is located. As used in division (A)(2)(a) of
this section, "building, safety, or health requirements" does not
include local zoning ordinances. The validity of local zoning
regulations shall not be affected by this section. (b) Is so constructed or arranged that law enforcement
officers and duly authorized agents of the division are
prevented from reasonable access to rooms within which beer or
intoxicating liquor is to be sold or consumed. (c) Is so located with respect to the neighborhood that
substantial interference with public decency, sobriety, peace, or
good order would result from the issuance, renewal, transfer of
location, or transfer of ownership of the permit and operation
thereunder by the applicant. (d) Has been declared a nuisance pursuant to
Chapter 3767. of the
Revised Code since the time of the most
recent issuance, renewal, or transfer of ownership or location of
the liquor permit. (B) The division of liquor control may refuse to issue
or transfer the ownership of, and shall refuse to transfer the
location of any retail permit issued under this chapter if it
finds: (1) That the place for which the permit is sought is so
situated with respect to any school, church, library, public
playground, or hospital that the operation of the liquor
establishment will substantially and adversely affect or
interfere with the normal, orderly conduct of the affairs of
those facilities or institutions. (2) That the number of permits already existent in the
neighborhood is such that the issuance or transfer of location of
a permit would be detrimental to and substantially interfere with
the morals, safety, or welfare of the public, and, in reaching a
conclusion in this respect, the department division shall
consider, in
light of the purposes of Chapters 4301., 4303., and 4399. of the
Revised Code, the character and population of the neighborhood,
the number and location of similar permits in the neighborhood,
the number and location of all other permits in the neighborhood,
and the effect the issuance or transfer of location of a permit
would have on the neighborhood. (C) The department division of liquor control shall not
transfer
the location or transfer the ownership and location of a permit
under division (B)(3)(b) of section 4303.29 of the Revised Code
unless the permit is transferred to an economic development
project. (D) The division of liquor control shall refuse to
issue, renew, transfer the ownership of, or transfer the location of a
retail permit under this chapter if the applicant is or has been convicted of
a violation of division (C)(1) of section 2913.46 of the
Revised Code. (E) The division of liquor control shall refuse to transfer the
ownership of or transfer the location of a retail permit under this chapter
while criminal proceedings are pending against the holder of the permit for a
violation of division (C)(1) of section 2913.46 of the
Revised Code. The
department of human services shall notify the
division of liquor control whenever criminal proceedings have commenced
for a violation of division (C)(1) of section 2913.46 of
the Revised Code. (F) The division shall refuse to
issue, renew, or transfer the ownership or location of a retail
permit under this chapter if the applicant has been found to be
maintaining a nuisance under section 3767.05 Of the Revised Code at the premises for which
the issuance, renewal, or
transfer of ownership or location of the retail permit is sought. Sec. 4305.14. (A) As used in this section, "residence
district" has the same meaning as in section 4301.01 of the
Revised Code. (B) The following questions regarding the sale of beer by
holders of C or D permits may be presented to the qualified
electors of an election precinct or residence district:
(1) "Shall the sale of beer as defined in section 4305.08
of the Revised Code under permits which authorize sale for
off-premises consumption only be permitted within this (precinct)
(district)?" (2) "Shall the sale of beer as defined in section 4305.08
of the Revised Code under permits which authorize sale for
on-premises consumption only, and under permits which authorize
sale for both on-premises and off-premises consumption, be
permitted in this (precinct) (district)?" The exact wording of the question as submitted and form of
ballot as printed shall be determined by the board of elections
in the county wherein the election is held, subject to approval
of the secretary of state. Upon the request of an elector, a board of elections of a
county that encompasses an election precinct or residence
district shall furnish to the elector a copy of the instructions
prepared by the secretary of state under division (P) of section
3501.05 of the Revised Code and, within fifteen days after the
request, with a certificate indicating the number of valid
signatures that will be required on a petition to hold a special
election in that precinct or residence district on either or both
of the questions specified in this section. The board shall provide to a petitioner, at the time the petitioner
takes out a 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 of the circulation of
a petition for an election for the submission of one or more of
the questions specified in division (B)(A) of this section.
The
petitioner shall, not less than forty-five days before the
petition-filing deadline for an election provided for 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 or that would be affected by the results of the election
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 would be affected by
the election. The list shall contain a heading with the
following words: "liquor permit holders who would be affected by
the question(s) set forth on a petition for a local option
election." Within five days after receiving from the
division the list of liquor permit holders who 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 whose name appears on that list. The form for notifying
affected permit holders 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 division (B) of this
section. 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 attached to it is invalid. At the time of filing the petition with the board of
elections, the petitioner shall provide to the board of elections
the list supplied by the division and an
affidavit
certifying that the petitioner notified all affected permit holders
on the
list in the manner and within the time required in this section
and that, at the time each signer of the petition signed the petition, the
petition paper contained a copy of
the list of affected permit holders. Within five days after receiving a petition calling for an
election for the submission of the question or questions set
forth in this section, the board of elections shall give notice
by certified mail that it has received the petition to all liquor
permit holders 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 as furnished by the division invalidates the
entire
petition. The board of
elections shall provide to a permit holder who would be affected
by a proposed local option election, on the permit holder'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 and that would be affected by the results of the election. The
board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder. Upon presentation not later than four p.m. of the
seventy-fifth day before the day of a general or primary
election, of a petition to the board of elections of the county
wherein such election is sought to be held, requesting the
holding of such election on either or both of the questions
specified in this section, signed by 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, such 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. (C)(B) The board shall proceed as follows:
(1) Such board shall, upon the filing of a petition under this section,
but 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 such petition and, in case of
overlapping precinct petitions or 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 petition shall govern. The
board shall certify the sufficiency of signatures contained in the petition
as of the time of filing and the validity of any the
petition
determined to be valid. The board shall determine the validity
of the petition as of the time of certification as described in
division (B)(C)(1) of this section if the board finds the
petition to be both sufficient and valid. (2) If the petition contains sufficient signatures and is valid, and,
in case of overlapping
precinct petitions or overlapping residence district petitions or
overlapping precinct and residence district petitions, after the
board has determined the governing petition, the board shall
order the holding of a special election in the precinct or
residence district for the submission of the question or
questions specified in the petition, on the day of the next
general or primary election, whichever occurs first. (3) All petitions filed with a board of elections under this
section shall be open to public inspection under regulations
rules
adopted by the board. (D)(C) Protest against a local option petition may be filed
by any qualified elector eligible to vote on the question or
questions specified in the petition or by a permit holder in the
precinct or residence district as described in the petition, not
later than four p.m. of the sixty-fourth day before the day of
such general or primary election for which the petition qualified.
Such protest must shall be in
writing and shall be filed with the election officials with whom
the petition was filed. Upon filing of such protest the election
officials with whom it is filed shall promptly fix the time for
hearing the same it, and shall forthwith mail notice of the
filing
of the protest and the time for hearing it to the person who
filed the petition which is protested 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.
(E)(D) If a majority of the electors voting on the question
in the precinct or residence district vote "yes" on question (1)
or (2) as set forth in division (B)(A) of this section, the
sale of
beer as specified in that question shall be permitted in the
precinct or residence district
and no subsequent election shall be held in the precinct or residence
district under this section on the same question for a period of at least
two FOUR
years from the date of the most recent election.
If a majority of the electors voting on the question in the
precinct or residence district vote "no" on question (1) or (2)
as set forth in division (B)(A) of this section, no C or D
permit
holder shall sell beer as specified in that question within the
precinct or residence district during the period the election is
in effect
and no subsequent election shall be held in the precinct or residence
district under this section on the same question for a period of at least
two FOUR
years from the date of the most recent election. Section 2. That existing sections 119.12, 2933.41, 3767.01, 3767.03,
3767.05, 4301.01, 4301.25, 4301.252, 4301.32,
4301.321, 4301.322, 4301.33, 4301.331, 4301.332, 4301.34,
4301.35, 4301.351, 4301.352, 4301.353, 4301.354, 4301.36,
4301.361, 4301.362, 4301.363, 4301.364, 4301.37, 4301.39,
4301.40, 4301.401, 4301.74, 4303.021, 4303.181, 4303.202, 4303.26, 4303.261,
4303.29, 4303.292, and 4305.14 and sections 4301.211 and 4301.73 of the
Revised Code are hereby repealed.
Section 3. Section 4301.252 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. Sub. S.B. 2 and Am. Sub.
S.B. 162 of the 121st General Assembly, with the new language of
neither of the acts shown in capital letters.
Section 4303.181 of the Revised Code
is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters.
This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such are the resulting versions in
effect prior to the effective date of this act.
Section 4. If any provision of a section of this act or the application
thereof to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the section or related sections
that can be given effect without the invalid provision or application, and to
this end the provisions are severable. Section 5. Until November 30, 1999, sections 4301.32 to 3201.391, 4301.41,
and 4305.14 of the Revised Code and the provisions for local option elections
and the election on the question of the repeal of Section 9 of Article XV,
Ohio Constitution, in section 4303.29 of the Revised Code, do not affect or
prohibit the sale of beer or intoxicating liquor at any of the following: (A) The State Fairgrounds. As used in this section, "State Fairgrounds"
means the property that is held by the state for the purpose of conducting
fairs, expositions, and exhibits and that is maintained and managed by the
Ohio Expositions Commission under section 991.03 of the Revised Code. (B) The Ohio Historical Society and Ohio Village, which are located
contiguous to the State Fairgrounds in Columbus, Ohio. Section 6. That Section 6 of Am. Sub. H. B. 390 of the 122nd General Assembly
is hereby repealed.
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