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S. B. No. 136 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Spada, Schuler
A BILL
To amend sections 4301.20, 4301.333, 4301.334, 4301.351,
4301.354, 4301.355, 4301.356, 4301.361, 4301.364,
4301.365,
4301.366, and 4303.182 of the Revised
Code to
authorize certain Sunday liquor sales to
begin at 11 a.m.
even if those sales previously
were approved by the voters to commence at 1 p.m.,
to change from 1 p.m. to 11 a.m. the time at
which Sunday liquor sales may start as specified in
certain local option questions submitted to the
voters, and to clarify that the Liquor Control and Liquor Permits Laws do not prevent the manufacture, sale, and transport of ethanol or ethyl alcohol for use as fuel.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.20, 4301.333, 4301.334, 4301.351,
4301.354, 4301.355, 4301.356, 4301.361, 4301.364, 4301.365,
4301.366, and 4303.182 of the Revised Code be amended to read as
follows:
Sec. 4301.20. This chapter and Chapter 4303. of the Revised Code
do not prevent the following: (A) The storage of intoxicating liquor in bonded
warehouses, established in accordance with the acts of congress
and under the regulation of the United States, located in this
state, or the transportation of intoxicating liquor to or from
bonded warehouses of the United States wherever located; (B) A bona fide resident of this state who is the owner of
a warehouse receipt from obtaining or transporting to the
resident's residence for the resident's own
consumption and not for resale spirituous liquor stored in a government bonded
warehouse in this state or in another state prior to December 1933,
subject
to such terms as are prescribed by the division of liquor control; (C) The manufacture of cider from fruit for the purpose of
making vinegar, and nonintoxicating cider and fruit juices for
use and sale; (D) A licensed physician or dentist from administering or
dispensing intoxicating liquor or alcohol to a patient in good
faith in the actual course of the practice of the physician's or
dentist's profession; (E) The sale of alcohol to physicians, dentists,
druggists, veterinary surgeons, manufacturers, hospitals,
infirmaries, or medical or educational institutions using the
alcohol for medicinal, mechanical, chemical, or scientific purposes; (F) The sale, gift, or keeping for sale by druggists and
others of any of the medicinal preparations manufactured in
accordance with the formulas prescribed by the United States
Pharmacopoeia and National Formulary, patent or proprietary
preparations, and other bona fide medicinal and technical
preparations, which contain no more alcohol than is necessary to
hold the medicinal agents in solution and to preserve the same,
which are manufactured and sold as medicine and not as beverages,
are unfit for use for beverage purposes, and the sale of which
does not require the payment of a United States liquor dealer's
tax; (G) The manufacture and sale of tinctures or of toilet,
medicinal, and antiseptic preparations and solutions not intended
for internal human use nor to be sold as beverages, and which are
unfit for beverage purposes, if upon the outside of each bottle,
box, or package of which there is printed in the English
language, conspicuously and legibly, the quantity by volume of
alcohol in the preparation or solution; (H) The manufacture and keeping for sale of the food
products known as flavoring extracts when manufactured and sold
for cooking, culinary, or flavoring purposes, and which are unfit
for use for beverage purposes; (I) The lawful sale of wood alcohol or of ethyl alcohol
for external use when combined with other substances as to
make it unfit for internal use; (J) The manufacture, sale, and transport of ethanol or ethyl alcohol for use as fuel. As used in this division, "ethanol" has the same meaning as in section 5733.46 of the Revised Code. (K) The purchase and importation into this state of
intoxicating liquor for use in manufacturing processes of
nonbeverage food products under terms prescribed by
the division, provided that the terms prescribed by the
division shall not increase the cost of the intoxicating
liquor to any person, firm, or corporation purchasing and
importing it into this state for that use; (K)(L) Any resident of this state or any member of the armed
forces of the United States, who has attained the age of
twenty-one years, from bringing into this state, for personal use
and not for resale, not more than one liter of spirituous
liquor
in any thirty-day period, and the same is free of any tax consent
fee when the resident or member of the armed forces physically
possesses and accompanies the spirituous liquor on returning
from a foreign country, another state, or an insular possession
of the United States;
(L)(M) Persons, at least twenty-one years of age, who collect
ceramic commemorative bottles containing spirituous liquor which that
have unbroken federal tax stamps on them from selling or trading
the bottles to other collectors. The bottles must shall originally
have been purchased at retail from the division, legally imported under
division (K)(L) of this section, or
legally imported pursuant to a supplier registration issued by the
division. The sales shall be for the
purpose of exchanging a ceramic commemorative bottle between
private collectors and shall not be for the purpose of selling
the spirituous liquor for personal consumption. The sale or
exchange authorized by this division shall not occur on the
premises of any permit holder, shall not be made in connection
with the business of any permit holder, and shall not be made in
connection with any mercantile business.
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 for 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
4301.355 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, holder, or
liquor
agency store either
intends to do or does business at the
particular location; (3) 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
this
state; (c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store.
(4) If the petition seeks approval of Sunday sales under
question (B)(2) as set forth in section 4301.355 of the Revised
Code, a statement indicating whether the hours of sale sought are
between ten a.m. and midnight or between one p.m. eleven a.m. and midnight. (C)(1) At the time the petitioner files the petition
with
the board of elections, the petitioner shall provide to the board
both of
the following: (a) An affidavit that is signed by the petitioner
and that
states the
proposed use of the location following the election
held to
authorize the sale of beer or intoxicating liquor
authorized by each permit as provided in sections 4303.11 to
4303.183 of the Revised Code; (b) Written evidence of the designation of an agent by the
applicant, liquor permit holder, or liquor agency store described
in division
(A)(1), (2), or (3) of this section for the purpose of
petitioning
for the local option election, if the petitioner is
the designated agent of
the applicant, liquor permit holder, or
liquor agency store. (2) Failure to supply the affidavit, or the written evidence
of the
designation of the agent if the petitioner for the local
option election is
the agent of the applicant, liquor permit
holder, or liquor agency store
described in division (A)(1), (2),
or (3) of this section, at the
time the petition is filed
invalidates the entire petition. (D) Not later than the
sixty-eighth 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. (E) A petition filed with
the board of elections under this
section shall be open to
public inspection under rules adopted by
the board. (F) 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 municipal
corporation or unincorporated area of the township in which the
community facility is
located equal in number to at least
ten per cent of the total number of votes cast in
the municipal corporation or unincorporated area of the
township 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 and a
statement indicating whether the
hours of Sunday sales sought in
the local option election are
between ten a.m. and midnight or
between eleven a.m. and midnight; (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-eighth 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. 4301.351. (A) 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 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 is a part. (B) At the election, one or more of the following questions,
question (B)(1), (B)(2), or (B)(3) as
designated in a valid
petition or question (B)(4) as submitted by
the legislative
authority
of a municipal corporation or the board of trustees of a
township, shall
be submitted to the
electors of the precinct: (1)
"Shall the sale of intoxicating liquor, of the same
types
as may be legally sold in this precinct on
other days of the
week,
be permitted in this ........ for
consumption on the
premises
where sold, between the hours of
one
p.m.
eleven a.m. and midnight
on
Sunday?" (2)
"Shall the sale of intoxicating liquor, of the same
types
as may be legally sold in this precinct on
other days of the
week,
be permitted in this ........ for
consumption on the
premises
where sold, between the hours of
one
p.m.
eleven a.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?" (3)
"Shall the sale of wine and mixed beverages, of
the
same
types as may be legally sold in this precinct
on other days of the
week, be permitted in this ........ for
consumption off the
premises where sold, between the hours of
one
p.m.
eleven a.m. and
midnight on
Sunday?" (4)
"Shall the sale of intoxicating liquor, of the same
types
as
may be legally sold in this precinct 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
outdoor
performing
arts centers, as defined in section
4303.182
of
the Revised
Code,
that have been issued a D-6 permit?" Question (B)(4) shall be presented to the electors of a
precinct
in which an outdoor performing arts center is located
only if the
legislative authority of the municipal corporation in
which, or
the board of trustees of the township in which, the
outdoor
performing arts center is located submits, not later than
four
p.m. of the seventy-fifth day before the day of a primary or
general election that occurs within two years after the effective
date of this
amendment
April 9, 2001, to the board of elections of
the county in
which the precinct is
located, a copy of an
ordinance or
resolution requesting the
submission of that question
to the
electors of the precinct. An
election on question (B)(4)
may not
be sought by a petition under
section 4301.33 of the
Revised Code. (C) 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 intoxicating liquor, of the same
types
as may be legally sold in this precinct on
other days of the
week,
be permitted in this ........ for
consumption on the
premises
where sold, between the hours of ten
a.m. and midnight on
Sunday?" (2)
"Shall the sale of intoxicating liquor, of the same
types
as may be legally sold in this precinct on
other days of the
week,
be permitted in this ........ for
consumption on the
premises
where sold, between the hours of ten
a.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?" (3)
"Shall the sale of wine and mixed beverages, of the
same
types as may be legally sold in this precinct
on other days of the
week, be permitted in this ........ for
consumption off the
premises where sold, between the hours of ten
a.m. and midnight on
Sunday?" (D) 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
portion
of the precinct at an
election on question (B)(1),
(B)(2), or
(B)(3) of this section, on question
(C)(1), (C)(2), or
(C)(3)
of this section, on question
(B)(1), (B)(2), or (B)(3) of
section
4301.354 of the Revised Code, on
question
(C)(1), (C)(2),
or (C)(3) of section
4301.354 of the Revised Code, or on question
(B)(2) of section
4301.355 of the Revised Code. 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
under this section. One or more of
the questions
prescribed by divisions (B) and (C) of 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 in which the
election is to
be held. Votes
shall
be cast as provided in section 3505.06 of
the Revised Code.
Sec. 4301.354. (A) If a petition is filed under section
4301.332 of
the Revised
Code for the
submission of one or more
questions set forth in this section, a
special
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. (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
concerning Sunday sales: (1)
"Shall the sale of intoxicating liquor be permitted in
a
portion of this
precinct between the hours of
one p.m.
eleven a.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?" (2)
"Shall the sale of intoxicating liquor
be permitted in a
portion of this precinct
between the hours of
one
p.m.
eleven a.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?" (3)
"Shall the sale of wine and mixed beverages
be permitted
in a portion of this precinct
between the hours of
one
p.m.
eleven
a.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?" (C) 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 concerning Sunday sales: (1)
"Shall the sale of intoxicating liquor
be permitted in a
portion of this precinct
between the hours of ten
a.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?" (2)
"Shall the sale of intoxicating liquor
be permitted in a
portion of this precinct between the hours of ten
a.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?" (3)
"Shall the sale of wine and mixed beverages be permitted
in a portion
of this precinct between the hours of ten
a.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?" (D) 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
divisions (B) and (C) of this
section shall be printed on each
ballot, and the
board shall insert in the
question and statement
questions
appropriate words to complete
each and a description of
the
portion of the precinct that would be affected
by
the results
of
the election. The description of the portion of the precinct
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 by street name or by another name
generally known by the residents
of the portion of the precinct.
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 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 .......... (insert
beer, wine and
mixed
beverages, or spirituous 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
do, or does, 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 will be
engaged
in 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 .......... (insert
beer, wine and
mixed
beverages, or spirituous liquor) be
permitted for sale on
Sunday
between the hours of .......... (insert "ten a.m. and midnight" or
"one p.m. eleven a.m. and midnight")
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 do, or does,
business at the
particular
location), an ...... (insert
"applicant
for a D-6 liquor
permit,"
"holder of a
D-6 liquor permit,"
"applicant for or holder
of an
A-1-A, A-2, C-1, C-2x,
D-1,
D-2x,
D-3, D-3x,
D-4, D-5, D-5b,
D-5c,
D-5e, D-5f, D-5g,
D-5h, D-5i,
D-5j,
D-5k,
or D-7 liquor
permit,"
if only
the approval of beer
sales is
sought,
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 will be
engaged
in at the
particular
location,
as
described in the
petition)
at .......... (insert
address of the
particular location
within the
precinct) in this
precinct?" (C) 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
this section. 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 it. 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.
.......... (insert "ten a.m." or "eleven a.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
under
this section. 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
it, subject to the approval of
the secretary of state.
Votes shall be cast as provided under
section 3505.06 of the Revised Code.
Sec. 4301.361. (A) If a majority of the electors voting on
questions set forth in section 4301.351 of the Revised Code in a
precinct vote
"yes" on question (B)(1) or
(C)(1), or, if
both
questions (B)(1) and (B)(2), or questions
(C)(1) and (C)(2), are
submitted,
"yes" on both
questions
or
"yes" on question (B)(1) or
(C)(1) but
"no" on question (B)(2) or (C)(2), sales of
intoxicating liquor shall be allowed on Sunday in the manner and under the
conditions specified in question (B)(1) or
(C)(1), under a D-6
permit, within
the precinct concerned, during the hours specified in division (A) of section 4303.182 of the Revised Code and during the period
the
election is in effect as defined in section 4301.37 of the
Revised
Code. (B) If only question (B)(2) or (C)(2) is submitted to the
voters
or if
questions (B)(2) and (B)(3) or (C)(2)
and (C)(3) are
submitted and a majority of the
electors voting in a precinct vote
"yes" on
question (B)(2) or (C)(2) as set forth in section
4301.351 of the Revised
Code, sales of intoxicating liquor shall
be allowed on Sunday in the manner
and under the conditions specified in
question (B)(2) or
(C)(2), under a D-6
permit, within the precinct
concerned,
during the hours specified in division (A) of section 4303.182 of the Revised Code and during the period the election is in effect as defined
in section
4301.37 of the Revised Code, even if question (B)(1)
or
(C)(1) was also
submitted and a majority of the electors voting in
the precinct
voted
"no." (C) If question (B)(3) or (C)(3) is submitted and a
majority of
electors
voting on question (B)(3) or (C)(3)
as set forth in
section 4301.351 of the
Revised Code in a precinct vote
"yes,"
sales of wine and mixed beverages shall be allowed on Sunday in the manner
and under the conditions specified in question (B)(3) or
(C)(3),
under a D-6
permit, within the precinct concerned,
during the hours specified in division (A) of section 4303.182 of the Revised Code and during the
period the election is in effect as defined in section
4301.37 of
the Revised Code. (D) If questions (B)(1), (B)(2), and
(B)(3), or questions (C)(1),
(C)(2),
and (C)(3), as set forth in
section
4301.351 of the
Revised Code, are all submitted and a majority of
the electors
voting in such precinct vote
"no" on all three questions, no sales
of intoxicating liquor
shall be made within the precinct concerned
after two-thirty a.m. on Sunday as specified in the questions
submitted, during the period the election
is in effect as defined
in section 4301.37 of the Revised Code. (E) If question (C)(1) as set forth in section 4301.351 of the Revised Code is submitted to the voters in a precinct in which question (B)(1) as set forth in that section previously was submitted and approved, and the results of the election on question (B)(1) are still in effect in the precinct; or if question (C)(2) as set forth in that section is submitted to the voters in a precinct in which question (B)(2) as set forth in that section previously was submitted and approved, and the results of the election on question (B)(2) are still in effect in the precinct; or if question (C)(3) as set forth in that section is submitted to the voters in a precinct in which question (B)(3) as set forth in that section previously was submitted and approved, and the results of the election on question (B)(3) are still in effect in the precinct; and if a majority of the electors voting on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall continue to be allowed in the precinct in the manner and under the conditions specified in the previously approved question (B)(1), (B)(2), or (B)(3), as applicable. (F) If question (B)(4) as set forth in section 4301.351 of the
Revised Code is submitted and a
majority of the electors voting in
the precinct vote
"yes," sales of
intoxicating liquor shall be
allowed on Sunday at outdoor performing arts centers in the manner and under
the
conditions specified in
question (B)(4) under a D-6 permit,
within the precinct
concerned,
during the hours specified in division (F) of section 4303.182 of the Revised Code and during the period the election is
in effect as defined in section 4301.37
of the Revised Code. If
question (B)(4) as set
forth in
section 4301.351 of the Revised
Code is submitted and a
majority
of the electors voting in the
precinct vote
"no," no sales of
intoxicating liquor shall be
allowed at outdoor performing
arts centers in the precinct
concerned under a D-6 permit,
after 2:30 a.m. on Sunday, during
the period
the election is in
effect as defined in section 4301.37
of the Revised Code.
Sec. 4301.364. (A) If a majority of the electors in a
precinct
vote
"yes" on
question (B)(1) or (C)(1) 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
on other days of the week, shall be permitted on Sunday in the
portion of
the precinct
affected by the results of the election during the hours specified in division (A) of section 4303.182 of the Revised Code and in the
manner and
under the conditions specified in the question, subject
only to
this chapter and Chapter 4303. of the Revised Code. (B) If a majority of the electors in a precinct vote
"yes"
on question
(B)(2) or (C)(2) 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 on other days of the
week, shall be
permitted on Sunday in the portion of the precinct affected
by the
results of the election during the hours specified in division (A) of section 4303.182 of the Revised Code and in the manner and under the
conditions
specified in the question, subject only to this chapter and Chapter
4303. of the Revised Code. (C) If a majority of the electors in a precinct vote
"yes"
on question
(B)(3) or (C)(3) as
set forth in section 4301.354
of
the Revised Code, the sale of
wine and mixed beverages shall
be
permitted on Sunday in the portion of the precinct affected by
the results
of the election during the hours specified in division (A) of section 4303.182 of the Revised Code and in the manner and
under the conditions specified
in the question, subject only to
this chapter and Chapter 4303. of the
Revised Code. (D) If a majority of the electors in a precinct vote
"no" on
question
(B)(1) or (C)(1) as
set forth in section 4301.354
of the
Revised Code, no sale of intoxicating liquor
shall be
permitted on Sunday
in
the manner and under the conditions
specified in the question
in
the portion of the precinct
affected by the results of the
election. (E) If a majority of the electors in a precinct vote
"no" on
question
(B)(2) or (C)(2) as
set forth in section 4301.354
of the
Revised Code, no sale of
intoxicating liquor
shall be permitted on Sunday
in
the manner and under the conditions specified in
the question
in
the portion of the precinct affected
by the results of the
election. (F) If a majority of the electors in a precinct vote
"no" on
question
(B)(3) or (C)(3) as
set forth in section 4301.354
of the
Revised Code, no sale of wine or mixed beverages
shall be
permitted on Sunday in the manner and under the conditions
specified in the
question in the portion of the precinct
affected by the results of
the election.
(G) If question (C)(1) as set forth in section 4301.354 of the Revised Code is submitted to the voters in a precinct in which question (B)(1) as set forth in that section previously was submitted and approved, and the results of the election on question (B)(1) are still in effect in the precinct; or if question (C)(2) as set forth in that section is submitted to the voters in a precinct in which question (B)(2) as set forth in that section previously was submitted and approved, and the results of the election on question (B)(2) are still in effect in the precinct; or if question (C)(3) as set forth in that section is submitted to the voters in a precinct in which question (B)(3) as set forth in that section previously was submitted and approved, and the results of the election on question (B)(3) are still in effect in the precinct; and if a majority of the electors voting on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall continue to be allowed in the precinct in the manner and under the conditions specified in the previously approved question (B)(1), (B)(2), or (B)(3), as applicable.
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, wine and
mixed beverages, or
spirituous liquor, whichever was the subject
of the
election,
shall be allowed at the particular location
and
for the use, and during the hours on Sunday, specified in the
questions under each permit
applied
for by the petitioner
or at
the address listed for the
liquor
agency store, and, in relation to question (B)(2), during the hours on Sunday specified in division (A) of section 4303.182 of the Revised Code, subject only
to
this chapter and Chapter 4303. of
the
Revised
Code. Failure to
continue
to
use the particular location
for any proposed or stated
use set
forth in the petition
is
grounds for the denial
of a renewal of
the liquor
permit under
division
(A) of section 4303.271 of the
Revised
Code
or
is
grounds 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, wine and
mixed beverages,
or
spirituous
liquor, whichever was the subject
of the election,
on
Sundays.
(B) Except as otherwise provided in division (H) of this section, 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, wine and
mixed beverages, or
spirituous liquor, whichever was the subject
of the
election, 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
this chapter and Chapter 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, wine and mixed beverages, or
spirituous
liquor, whichever was the subject of the
election, 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, wine and mixed
beverages, or spirituous liquor, whichever
was the
subject of the election,
shall be allowed at the
particular location for the use
and during the hours
specified in
the petition on
Sunday during the hours specified in division (A) of section 4303.182 of the Revised Code and during the period the
election is in effect
as defined in
section 4301.37 of the
Revised
Code. (E) Except as otherwise provided in division (H) of this section, 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, wine and mixed
beverages, or spirituous liquor, whichever
was the
subject of the election,
shall be allowed at the
particular location for the use
and during the hours
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 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, 4301.353, 4301.354,
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, 4301.353, 4301.354, 4303.29, or 4305.14
of the
Revised
Code.
(G) Sections 4301.32 to 4301.41 of the Revised Code do not
prohibit the transfer of ownership of a permit that was issued to
a particular location as the result of an election held on sales
of beer, wine and mixed beverages, spirituous liquor, or intoxicating liquor at that
particular location as long as the general nature of the business
at that particular location described in the petition for that
election remains the same after the transfer. (H) If question (B)(2) as set forth in section 4301.355 of the Revised Code is submitted to the electors of a precinct proposing to authorize the sale of beer, wine and mixed beverages, or spirituous liquor between the hours of ten a.m. and midnight at a particular location at which the sale of beer, wine and mixed beverages, spirituous liquor, or intoxicating liquor is already allowed between the hours of eleven a.m. and midnight or one p.m. and midnight and the question submitted is defeated, the sale of beer, wine and mixed beverages, spirituous liquor, or intoxicating liquor between the hours of eleven a.m. and midnight or one p.m. and midnight, as applicable, shall continue at that particular location.
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
on days of the week other than Sunday and during the hours on Sunday specified in
division (A) of section 4303.182 of the Revised Code, 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. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to
(J) of this section, permit D-6 shall be issued
to
the
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,
D-5a,
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
D-5k,
or D-7
permit to allow sale under that permit between as follows: (1) Between the hours
of
ten
a.m. and midnight, or between on Sunday if sale during those hours has been approved under
question (C)(1),
(2), or (3) of section 4301.351 or 4301.354 of
the Revised Code, under question (B)(2) of section 4301.355 of the
Revised Code, or under section 4301.356 of the Revised Code
and
has been authorized under section 4301.361, 4301.364, 4301.365, or
4301.366 of the
Revised Code, under the restrictions of that
authorization; (2) Between the hours of
one
p.m. eleven a.m. and
midnight,
on Sunday, as applicable, if that sale during those hours has been
approved on or after the effective date of this amendment under
question (B)(1), (2), or (3) of section 4301.351 or 4301.354 of
the Revised Code, under question (B)(2) of section 4301.355 of the
Revised Code, or under section 4301.356 of the Revised Code and
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or 4301.366
of the Revised
Code and,
under the restrictions of that
authorization; (3) Between the hours of eleven a.m. and midnight on Sunday
if sale between the hours of one p.m. and midnight was approved
before the effective date of this amendment under question (B)(1),
(2), or (3) of section 4301.351 or 4301.354 of the Revised
Code, under question (B)(2) of section 4301.355 of the Revised
Code, or under section 4301.356 of the Revised Code and has been
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366
of the Revised Code, under the other restrictions of that
authorization. (B) Permit D-6 shall be issued
to the holder of any permit,
including a D-4a and D-5d permit,
authorizing the sale of
intoxicating liquor issued for a 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, to allow sale
under such permit between
the hours of ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or 4301.366 of the
Revised
Code. (C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner
or
operator of a hotel or motel that is required to be licensed
under
section 3731.03 of the Revised Code, that
contains at least
fifty
rooms for registered transient guests, and that has on its
premises a
retail food establishment or a food service
operation
licensed pursuant to
Chapter 3717. of
the
Revised Code
that
operates as a restaurant for purposes of
this chapter and is
affiliated with the hotel or motel and within
or
contiguous to the
hotel or motel and serving food within the
hotel
or motel, to
allow sale under such permit between the hours
of
ten
a.m. and
midnight on Sunday,
whether or
not that
sale has
been
authorized
under section 4301.361,
4301.364, 4301.365, or
4301.366 of
the
Revised Code. (D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises. (E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code. (F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no." As used in this division,
"outdoor performing arts center"
means
an outdoor performing arts center that is located on not
less than eight
hundred acres of land and that is open for
performances from the
first day of April to the last day of
October of each
year. (G)
Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of beer or intoxicating liquor and that
is issued to a golf course owned by the state, a conservancy
district, a park district created under Chapter 1545. of the
Revised Code, or another political subdivision to allow sale under
that permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. (H) Permit D-6 shall be issued to the holder of a D-5g permit to allow sale under that permit between the hours of ten a.m. and midnight on Sunday, whether or not that sale has been authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. (I) Permit D-6 shall be issued to the holder of any D permit for a premises that is licensed under Chapter 3717. of the Revised Code and that is located at a ski area to allow sale under the D-6 permit between the hours of ten a.m. and midnight on Sunday, whether or not that sale has been authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
As used in this division, "ski area" means a ski area as defined in section 4169.01 of the Revised Code, provided that the passenger tramway operator at that area is registered under section 4169.03 of the Revised Code.
(J) Permit D-6 shall be issued to the holder of a D-5j permit for a permit premises that is located in a community entertainment district, as defined in section 4301.80 of the Revised Code, that was approved by the legislative authority of a municipal corporation under that section between October 1 and October 15, 2005, to allow sale under the permit between the hours of ten a.m. and midnight on Sunday, whether or not that sale has been authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. (K) If the restriction to 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 is
applicable, the division of liquor
control may accept an affidavit
from the permit holder to show
the proportion of the permit
holder's gross receipts derived from the sale of
food and other
goods and services. If the liquor control
commission determines
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned. (L) The fee for the D-6 permit is five
hundred
dollars
when it is issued to the holder of an
A-1-A, A-2, D-2,
D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f,
D-5g, D-5h,
D-5i, D-5j,
D-5k, or D-7 permit. The fee for
the D-6
permit is
four
hundred dollars when it is issued to the
holder of a
C-2
permit.
Section 2. That existing sections 4301.20, 4301.333, 4301.334,
4301.351, 4301.354, 4301.355, 4301.356, 4301.361, 4301.364,
4301.365, 4301.366, and 4303.182 of the Revised Code are hereby
repealed.
Section 3. If a petition seeks the holding of an election on
Sunday liquor sales on or after the effective date of this section
under question (B)(1), (2), or (3) of section 4301.351 or 4301.354
of the Revised Code, under question (B)(2) of section 4301.355 of
the Revised Code, or under section 4301.356 of the Revised Code
and the petition contains signatures that were placed on it before
the effective date of this section, the petition is not invalid
merely because the question or questions sought to be submitted to
the electors and contained in the petition state that Sunday
liquor sales may commence beginning at 1 p.m. rather than 11 a.m.
Section 4. (A) Notwithstanding division (A)(3) of section
4303.182 of the Revised Code, as amended by this act, the electors
in a precinct in which the first hour of sale on Sunday was
changed from one p.m. to eleven a.m. by operation of that
division may petition to hold an election to revert that first
hour of sale to one p.m. That election shall be held under the
following conditions: (1) At the first general election that occurs after the
effective date of this act unless that general election will be
held less than one hundred thirty-five days after that date, in
which case the election shall be held at the immediately following
general election; (2) Under division (B)(1), (2), or (3) of section 4301.351
or 4301.354 of the Revised Code, under division (B)(2) of section 4301.355 of the Revised Code, or under section 4301.356 of the Revised Code, as applicable, except that the
starting time for sales under the question shall be one p.m.
rather than eleven a.m.; (3) In accordance with the applicable requirements and
provisions governing elections that are held under those divisions or that section
and that are established under Chapter 4301. of the Revised Code.
(B) Not later than forty-five days after the effective date
of this act, the Superintendent of Liquor Control shall publish notice of the
provisions of division (A) of this section in a newspaper of
general circulation in each county of the state.
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