Weekly Beer Sales (Off-premises; on and off-premises)
Ohio law provides three types of local liquor option elections which affect the weekly sale of beer.
By using the precinct wide process, local liquor option petitioners can seek to permit or prohibit beer sales privileges through the week using petition Form 5-A. Another local liquor option process to permit or prohibit weekly beer sales includes the “Limited Effect” local liquor option using petition Form 5-P. And finally, Ohio law permits local option petitioners the privilege to seek beer sales in dry areas in a “Particular Location” local liquor option election using petition Form 5-R. Remember, the processes outlined here must be followed to the letter of the law. It’s simply not enough to go out and gather voter signatures on a petition if you fail to complete the other steps in the process.
The petitioner must select which local liquor option question(s) to place on the ballot. Most local option petitioners will select the Particular Location local option because it is specific to their place of business. However, there are situations when this single question may not be the best choice, as in the case of a commercial development project seeking to attract 2 or more permit premise locations. The precinct wide local liquor option questions are described below.
(1)“Shall the sale of beer as defined in section 4305.08 of the Revised Code under permits which authorize sale for off-premises consumption only be permitted within this precinct?”
Explanation: Question #1 (Form 5-A) allows or prohibits the weekly sale of beer (Monday – Saturday ONLY) for off-premise carry-out sales. This question is typically used by carryouts, grocery stores and convenience stores.
(2) “Shall the sale of beer as defined in section 4305.08 of the Revised Code under permits which authorize sale for on-premises consumption only, and under permits which authorize sale for both on-premises and off-premises consumption, be permitted in this precinct?”
Explanation: Question #2 (Form 5-A) allows or prohibits the weekly sale of beer (Monday – Saturday ONLY) for both on-premise only sales and off-premise carryout and on-premise sales. This question is typically used by applicants for D class permits such as a deli or pizza shop to allow on-premise sales by the drink and carryout sales by the package. An example of an on-premise only D class permit is a class D-4 permit for private clubs.
Sunday Beer Sales Privileges
No C or D permit holder who first applied for a permit after April 15, 1982, shall sell beer on Sunday unless the sale of intoxicating liquor is authorized in the precinct or portion of the precinct under a local option election on either the original 1:00 p.m. or current 11:00 a.m. Sunday sales questions (1), (2), or (3) (Form 5-D above), on the 10:00 a.m. Sunday questions (1), (2), or (3) (Form 5-E), on Sunday sales questions (1), (2), or (3) (11:00 a.m. “Limited Effect” Sunday local options), on questions (1), (2), or (3) (10:00 a.m. “Limited Effect” Sunday local options, or on Particular Location local option question (2) for the sale of wine and mixed beverages and/or spirituous liquor. No D-6 is required to sell beer on Sundays.
Note: Ohio law provides for the on-premise or off-premise sale of beer on Sunday by any C or D permit holder without the necessity of a Sunday D-6 license if any Sunday sales questions have been approved in the precinct or portion of the precinct where the permit is so located. The sale of beer on Sunday is also permitted if the C or D class permit was originally applied for prior to April 15, 1982. This “grandfather clause” allows Sunday beer sales by all C or D permit holders in precincts that are otherwise dry for all Sunday sales.