2006 Ohio Revised Code - [4301.36.5] 4301.365.Effect of election concerning particular location.

[§ 4301.36.5] § 4301.365. Effect of election concerning particular location.
 

(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 [4301.35.5] 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, 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 [4303.27.1] 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 [4301.35.5] 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 [4301.35.5] 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 [4301.35.5] 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 [4301.35.5] 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 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 [4301.35.5] 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 [4301.35.5] of the Revised Code and for a question or questions set forth in section 4301.35, 4301.351 [4301.35.1], 4301.353 [4301.35.3], 4301.354 [4301.35.4], 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 [4301.35.5] 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 [4301.35.1], 4301.353 [4301.35.3], 4301.354 [4301.35.4], 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 [4301.35.5] 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 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 one p.m. and midnight shall continue at that particular location. 
 

HISTORY: 147 v H 402 (Eff 3-30-99); 148 v S 262 (Eff 4-9-2001); 149 v H 371. Eff 10-11-2002; 150 v S 23, § 1, eff. 4-7-04; 150 v H 262, § 1, eff. 5-7-04.
 

Not analogous to former RC § 4301.35.5 (143 v H 481), repealed 146 v S 149, § 2, eff 11-21-95.

 

Effect of Amendments

150 v H 262, May 7, 2004, substituted "spirituous" for "intoxicating" twice in (A), once in (B) through (E), (G) and (H); and inserted the second and third instances of "spirituous liquor" in (H). 

S.B. 23, Acts 2003, effective April 7, 2004, added the exceptions to the beginning of (B) and (E); added (H); and made minor stylistic changes.