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OhioLiquorOptions.com > Choosing Option > Limited Effect > 10 a.m. Sunday Sales

“Limited Effect” Election for 10:00 a.m. Sunday Sales (Form 5-T)

The following questions for Sunday sales between 10:00 a.m. and midnight may be submitted only if the status of alcohol sales in a portion of a precinct is inconsistent with the permitted use in the remainder of the precinct as a result of an annexation or the board of elections redrawing the precinct lines:

(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?”

Explanation: Question #1 (Form 5-T) allows or prohibits the unrestricted, on-premise sale of intoxicating liquor on Sunday between 10:00 a.m. and midnight in a portion of a precinct where these on-premise sales are permitted or prohibited. If a business is, or will be located, in a precinct where the on-premise Sunday sale of intoxicating liquor (includes wine and mixed beverages and spirituous liquor) is permitted between 10:00 a.m. and midnight in part of the precinct and prohibited in another part, Question ‘1’ can be placed on the ballot to affect the sale in the wet or dry part of the precinct depending upon the petitioners’ intention. Question #1 of Form 5-T may not be used in precincts where Sunday sales are permitted beginning at 1:00 pm. and are inconsistent in that respect. In this case ONLY Form 5-Q is valid. This question can be used by bars and taverns that do not meet the threshold requirements of Question #2 below and are located in precincts with an inconsistent liquor status.

(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?”

Explanation: Question #2 (Form 5-T) allows or prohibits the restricted on-premise sale of intoxicating liquor on Sunday between 10:00 a.m. and midnight in a portion of a precinct where these on-premise sales are permitted or prohibited. If a restaurant business is, or will be located, in a precinct where the on-premise Sunday sale of intoxicating liquor (includes wine and mixed beverages and spirituous liquor) is permitted between 10:00 a.m. and midnight in part of the precinct and prohibited in another part, Question ‘2’ can be placed on the ballot to affect the sale in the wet or dry part of the precinct depending upon the petitioners’ intention. Question #2 of Form 5-T may not be used in precincts where Sunday sales are permitted beginning at 1:00 pm. and are inconsistent in that respect. In this case ONLY Form 5-Q is valid. This question can be used by full-service restaurants, bowling alleys, golf courses or other businesses that receive more than 50% of the annual revenues from the sale of goods and services other than alcohol sales. Voter approval of Question #2 (Form 5-T) will not permit sales at bars and taverns that do not meet the threshold sales requirements outlined in the question.

(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?”

Explanation: Question #3 (Form 5-T) allows or prohibits the off-premise or carry-out sale of wine and mixed beverages on Sunday between 10:00 a.m. and midnight in a portion of a precinct where these off-premise sales are permitted or prohibited. If a grocery store, carry-out or convenience store is, or will be located, in a precinct where the off-premise Sunday sale of wine and mixed beverages is permitted between 10:00 a.m. and midnight in part of the precinct and prohibited in another part, Question ‘3’ can be placed on the ballot to affect the sale in the wet or dry part of the precinct depending upon the petitioners’ intention. Question #3 of Form 5-T may not be used in precincts where Sunday off-premise sales are permitted beginning at 1:00 pm. and are inconsistent in that respect. In this case ONLY Form 5-Q is valid.

Note: The board of elections must include on the ballot a description of the portion of the precinct affected by the election. The description must 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 must be posted in each polling place in a location that is easily accessible to all voters.

 

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