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OhioLiquorOptions.com > Choosing Option > Limited Effect > Weekly Sales

“Limited Effect” Local Option Election for Weekly Sales (Form 5-P)

A limited effect election is a local option whereby the voters in a precinct vote on the status of the sale of alcoholic beverages in only part or portion of their precinct. Such local option election may only occur in a precinct where the status of the sale of alcoholic beverages in one area of the precinct is inconsistent or different than the status of sales in another area of the precinct, because of annexation or precinct realignment by the board of elections.
Likewise, the ballot questions presented to voters may only include the types of alcoholic beverages and types of alcoholic sales that are currently authorized in the remainder of the precinct.

(A)    “Shall the sales of _______________________, (insert one or both of the following: beer, or wine and mixed beverages) by the package, under permits that authorize the sale for off-premises consumption only, be permitted in a portion of this precinct in which the status of the sale of _________________________, (insert one or both of the following: beer, or  wine and mixed beverages) as allowed or prohibited is inconsistent with the status of such sale in the remainder of the _______________________?”

Explanation: Question ‘A’ (Form 5-P) allows or prohibits the carry-out ONLY sale of beer, and/or wine and mixed beverages through the week (Monday –Saturday) in a portion of a precinct where these sales are permitted or prohibited. If a business is or will be located in a precinct where off-premise sales are permitted in part of the precinct and prohibited in another part, Question ‘A’ can be placed on the ballot to affect off-premise sales in the wet or dry part of the precinct depending upon the petitioners’ intention.

(B)     “Shall the sales of  _________________________, (insert one or more of the following: beer, wine and mixed beverages, or spirituous liquor) under permits that authorize sale for on-premises consumption only, and under permits that authorize sale for both on- premises and off-premises consumption, be permitted in a portion  of this precinct in which the status of the sale of ____________________________ (insert one or more of the following: beer, wine and mixed beverages, or spirituous liquor) as allowed or prohibited is inconsistent with the status of such sale in the remainder of the ________________________________?”

Explanation: Question ‘B’ (Form 5-P) allows or prohibits both the on-premise and carry-outsale of beer, and/or wine and mixed beverages, and/or spirituous liquor through the week (Monday –Saturday) in a portion of a precinct where these sales are permitted or prohibited. If a business is or will be located in a precinct where off-premise sales are permitted in part of the precinct and prohibited in another part, Question ‘B’ can be placed on the ballot to affect the on-premise only sale and the on and off-premise sale of beer, wine and mixed beverages and spirituous liquor in the wet or dry part of the precinct depending upon the petitioners’ intention.

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 of the precinct, 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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DISCLAIMER: OhioLiquorOptions.com is developed and maintained by OhioLiquorOptions.com, llc., a wholly owned subsidiary of field resource management, inc., the industry leader in the design, development, and implementation of Ohio Liquor Option election campaigns. field resource management, inc. is not affiliated with the Ohio Division of Liquor Control, the Ohio Secretary of State’s office or any Ohio County Board of Elections. All information contained herein is strictly the opinion of field resource management, inc. and is neither intended to be nor considered to be legal advice to any Ohio local option petitioners.