2006 Ohio Revised Code - [4301.36.1] 4301.361.Effect of election concerning Sunday sales.

[§ 4301.36.1] § 4301.361. Effect of election concerning Sunday sales.
 

(A)  If a majority of the electors voting on questions set forth in section 4301.351 [4301.35.1] 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 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 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 [4301.35.1] of the Revised Code, sales of intoxicating liquor shall be allowed 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 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 [4301.35.1] of the Revised Code in a precinct vote "yes," sales of wine and mixed beverages shall be allowed 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 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 [4301.35.1] 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 [4301.35.1] 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 [4301.35.1] 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 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 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 [4301.35.1] 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. 
 

HISTORY: 133 v H 616 (Eff 11-17-69); 137 v H 136 (Eff 9-16-77); 137 v H 123 (Eff 1-18-78); 139 v H 357 (Eff 10-1-82); 140 v H 502 (Eff 4-4-85); 142 v H 562 (Eff 6-29-88); 147 v H 402 (Eff 3-30-99); 148 v S 262. Eff 4-9-2001; 150 v H 95, § 1, eff. 9-26-03.
 

The effective date is set by section 179 of H.B. 95 (150 v  - ). 

 

Effect of Amendments

H.B. 95, Acts 2003, effective September 26, 2003, designated the first four paragraphs as (A) through (D), and the fifth paragraph as (F); and added (E).