4301.355 [Effective Until 9/10/2010] Election and form of ballots contesting a particular location. - Ohio Statutes

4301.355 [Effective Until 9/10/2010] Election and form of ballots contesting a particular location.

(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 ” 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, A-3a, 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, D-5l, D-5m, 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.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.

Effective Date: 10-11-2002; 05-07-2004; 2008 SB150 09-01-2008; 2008 HB562 09-22-2008

This section is set out twice. See also § 4301.355, as amended by 128th General Assembly File No. 38, HB 519, § 1, eff. 9/10/2010.

4301.355 [Effective 9/10/2010] Election and form of ballots contesting a particular location

(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 ” 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, A-3a, 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, D-5l, D-5m, D-5n, D-5o, 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.

Amended by 128th General Assembly File No. 38, HB 519, § 1, eff. 9/10/2010.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.

Effective Date: 10-11-2002; 05-07-2004; 2008 SB150 09-01-2008; 2008 HB562 09-22-2008

This section is set out twice. See also § 4301.355, effective until 9/10/2010.