4301.331 Local option - premises adjudged a nuisance.
4301.331 Local option - premises adjudged a nuisance.
(A) The privilege of local option conferred by section 4301.321 of the Revised Code shall be exercised 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 ninetieth 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:
(1) A notice that the statement is for the submission of the question set forth in section 4301.352 of the Revised Code;
(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 the certified copy of the judgment prescribed under division (A) of this section is filed, the board shall give notice by certified mail that it has received the certified copy of the judgment to the liquor permit holder whose permit would be affected by the results of the election required by the 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 election.
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 seventy-eighth day before the day of the next general or primary election, whichever occurs first, the board shall certify the sufficiency and validity of the certified copy of the judgment, make such determination as of the time of certification, and order the holding of 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 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 certified copy of the judgment, not later than four p.m. of the seventy-fourth day before the day of the 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 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 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 certified copy of the judgment.
Amended by 128th General Assembly File No. 29, HB 48, § 1, eff. 7/2/2010.
Effective Date: 03-30-1999; 05-02-2006