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OhioLiquorOptions.com > Frequently Asked Questions

Frequently Asked Questions

Contrary to a widely held belief, you cannot find all the answers to your local option questions from the Ohio Division of Liquor Control, your local board of elections, or the office of the Ohio Secretary of State. There is no such thing as a clearinghouse of information on local options. While these agencies are knowledgeable about the process, the individual role of each in the process is limited. It’s precisely this limited role that creates inherent problems for anyone seeking information about local option elections. Through this website, ohioliquoroptions.com has attempted to provide those seeking answers with a clearinghouse of information to enable anyone with ample time and desire to qualify and conduct a successful local option election based upon their own available resources.
There are 2 phases to every local option. The petition phase and the campaign phase. If you seek voter approval by placing a local option question before voters, you also need to educate them about why you want them to vote YES or NO on a liquor issue. This guide discusses both phases of a local option election in their respective orders.

The frequently asked questions that immediately follow are designed to present a broad overview of Ohio’s local option process and the steps necessary to qualify a local option question for voter consideration on Election Day. All possible questions are not included, but this section contains enough information to give the ‘novice’ a solid foundation of information that will be useful in understanding exactly what needs to be done to qualify a local option petition for placement on the next primary or general election ballot. The various steps involved in each process based upon the type of local liquor option pursued follow the FAQ’s. For additional information or a more detailed explanation of specific topics covered in this guide please email us with questions at info@ohioliquoroptions.com.

Instructions: Clicking on a question reveals answers and helpful tips. To close the answer box, simply re-click the question.

Q. Who Needs to Conduct a Local Liquor Option Election?

Q. How do I know if my location is wet or dry?

In order to determine whether or not a business address is “wet” or “dry” we need a starting point. So let’s consider the 1933 vote on the Repeal of Prohibition to be the FIRST local option vote ever held in the state of Ohio. While not technically a local option, the question on the Repeal of Prohibition was expressed through a vote to repeal Section 9 of Article XV of the Ohio Constitution. Essentially, those Ohio subdivisions voting in favor of repeal were considered wet for liquor sales and those voting against repeal were considered dry.
The terms wet and dry may seem all inclusive in the context of liquor sales and local options but they are not. That’s because the vote on the Repeal of Prohibition in 1933 had NO EFFECT on the sale of beer or wine and mixed beverages, for either off-premise or on-premise sales. Pay special attention here.

Those Ohio precincts voting AGAINST the repeal REMAINED DRY for the sale of Spirituous (high-proof) Liquors, but were WET for the sale of beer, wine, and mixed beverages (low-proof liquors).

Those Ohio precincts voting FOR the repeal of prohibition BECAME WET for the sale of Spirituous (high-proof) Liquors and all other types of beverage alcohol.

There have been many unnecessary local options held in Ohio due to a misunderstanding of the effect of the vote on the repeal of prohibition as it relates to the sale of beer, wine and mixed beverages based upon a 1935 Ohio Attorney General Opinion as follows:

LIQUOR CONTROL DEPARTMENT –CLASS D-3, D-4 and D-5 PERMITS MAY NOT BE ISSUED WHEN – ELECTORS VOTED AGAINST REPEAL – LOCAL OPTION –TOWNSHIPS AND MUNICIPALITIES.

SYLLABUS:

The Department of Liquor Control cannot issue a Class D-3, Class D-4 or Class D-5 permit to the owner or operator of a hotel, restaurant or club which is located in a municipality or in a township exclusive of a municipal corporation wherein the electors at the November, 1933, election voted against the repeal of Section 9 of Article XV of the Ohio Constitution.

The provisions of Section 6064-17, General Code, which prohibits the issuance by the Department of Liquor Control of Class D-3, Class D-4 and Class D-5 permits in townships and municipalities wherein the electors at the November, 1933, election, voted against the repeal of constitutional prohibition, DOES NOT PREVENT [emphasis added], the Department of Liquor Control from issuing the other classes of permits authorized in Section 6064-15, General Code, which classes of permits in general, allow the manufacture and sale of beer, wine, prepared cocktails, and highballs, malt beverages containing more than 3.2% alcohol by weight and not exceeding 7% alcohol by weight and the sale of wine, alcohol and spirituous liquor by the holder of G permits, subject to the restrictions contained in Sections 6064-15 and 6064-23, General Code.

“…There is no language in the Liquor Control Act or in Section 6064-17, General Code, which provides that the Department of Liquor Control shall not issue Class C-1, Class C-2, Class D-1, Class D-2 and G permits to persons in municipalities and townships wherein a majority of the electors at the November, 1933, election had voted against the repeal of constitutional prohibition in Ohio. Likewise, there is no language in Section 6064-17, General Code, which would indicate that the effect of such a vote was to prohibit the sale of all kinds of intoxicating liquor in such governmental subdivisions, under liquor permits other than Class D-3, D-4 and D-5.”

Columbus, Ohio, November 25, 1935
John W. Bricker, Attorney General

Q. How can I determine if a Local Liquor Option Election is necessary?

Q. Where Can Ohio Local Liquor Option Elections be Held?

Q. Can Ohio Local Liquor Option Elections be Held at Anytime? No they cannot. Liquor option elections may be held ONLY on the day of a general or primary election with one exception. “Primary Election” is defined in Ohio law to mean the nomination of candidates. Therefore, liquor option questions may ONLY appear on the ballot on the day of a primary electionif candidates also appear on the ballot in each precinct affected by the local option question. If a valid and sufficient local option petition is filed at least 75 days before the date on which a primary election could have been held but was not, then the question is submitted to voters at the following general election which would be the next available ballot. It is not enough that a primary election could have been conducted in a precinct; a local option question cannot be submitted to voters unless there are candidates on the ballot in the affected precinct. *Exception:* The question of the sale of spirituous liquor by the glass as provided in R.C.4303.29 (Form 5-B) may ONLY appear on a General Election ballot. It cannot be submitted to voters at a Primary Election. Q. Who else can tell me if a Local Liquor Option is Necessary? Unfortunately, the petitioner is responsible for determining whether a local option election is necessary, as well as which local option question(s) to submit to the voters. The petitioner may be the license holder, applicant for a license, property owner, landlord, neighbor or anyone else seeking to conduct the local liquor option election. Additionally, the petitioner is responsible for complying with all applicable constitutional and statutory provisions governing local liquor option elections. Because neither a county board of elections nor the Ohio Secretary of State’s office can give the petitioner advice on this matter, ohioliquoroptions.com encourages petitioners to seek Professional Assistance before deciding to pursue a local option election. Q. Do I need to hire a lawyer or a consultant? Absolutely not, but it’s advisable if you have can afford Professional Assistance. Ohio’s local liquor option laws, while being difficult to grasp, are designed to allow individuals with limited resources to successfully pursue a local option election without any professional help. There are a number of ways the best intentioned petitioner can mess-up a local option election. Typically, petitioners who try it themselves fall short of signatures and the petitions are ruled invalid – never making it to the ballot. The reasons are simple. They enter the petition circulation phase without a clear understanding of the laws that govern petition circulation as outlined in Ohio Revised Code Title [35] XXXV Elections. Do-it-yourself petitioners who are successful through the petition process often mistake support for a vote on a local option question (signing the petition) with support for the question itself. Most are shocked when their issues are soundly defeated on Election Day. Signing a local liquor option petition and actually casting a vote in favor of that question are two different things. It’s almost like comparing apples to oranges, and with the right professional help these problems can be eliminated. That’s not to say you’re sure to be successful if you hire someone, but it does mean your chances for success are greatly enhanced. Q. Where can I find information on the right way to collect voter signatures on a Local Liquor Option petition? There are many do’s & don’ts when it comes to collecting voter signatures on a petition. Only registered electors in the precinct where the local option will be held are eligible to sign the petition. That’s because Ohio law specifies that only those voters eligible to cast a ballot on the question or questions may participate on the petition. Since the question will ONLY be decided, with one exception by voters in a single precinct, only the voters registered in that precinct are eligible to sign. The best way to insure that ONLY registered voters in the correct precinct sign the petition, ohioliquoroptions.com strongly suggests that petitioners order a registered voter listing from their local board of elections and carry the petitions door-to-door. This will also help to insure that other statutory requirements for signature gathering are met as well. For a complete guide to door-to-door petition circulation see Petitioners’ Instructions before attempting to collect signatures. Q. What types of liquor sales are included under Ohio’s Local Liquor Option laws? Local liquor option elections can include ALL types of beverage alcohol that is currently permitted in Ohio for retail sale. Ohio law is designed to allow registered voters to determine sales privileges for specific Ohio liquor license holders and license applicants, or to either grant or deny privileges for any and all current or future license holders across an entire precinct. Before deciding on the proper local liquor option question, or even if a local option election is necessary, petitioners should first identify the type of permit(s) that may be required for their business or development project. Ohio liquor control law divides alcoholic beverages into various classes according to their alcohol content and type of sales. A local option election will affect only the sale of those classes of beverages that are specifically designated on the petition and in the ballot language. If the petitioner desires approval to sell beer he/she must ask for voter approval specifically for beer. In other words, voter approval of wine and mixed beverage sales will not permit the sale of beer in most cases. The following is a brief description of the types of beverages covered under Ohio’s local liquor option election laws. “Beer” Refers to all beverages brewed or fermented wholly or in part from malt products and containing ½ of one percent or more, but not more than 12 percent alcohol by volume. “Wine” Refers to all liquids made from the fermented juices of grapes, fruits or other agricultural products and containing not less than ½ of 1 percent and not more than 21 percent of alcohol by volume. “Mixed Beverages” Refers to premixed, bottled products obtained by combining whiskey, neutral spirits, brandy, gin or other distilled spirits with water, pure juices or other flavorings. The completed product must contain not less than ½ of 1 percent and not more than 21 percent of alcohol by volume. Mixed beverages are commonly called ‘low-proof’ liquor. Ohio wine permits ALSO ALLOW the sale of mixed beverages. “Intoxicating Liquor” Intoxicating liquor refers to a classification of alcohol which includes all liquids and compounds, other than beer, containing at least ½ of 1 percent of alcohol by volume. Under Ohio law, intoxicating liquor includes wine and mixed beverages, and spirituous liquor. There are many Ohio permits that allow the sale of any intoxicating liquor. In addition to these regular permits, there are a number of temporary licenses in the ‘F’ category permits which permit the sale of any intoxicating liquor. These temporary permits may only be issued in areas where the sale of intoxicating liquor is permitted under the various D class permits. “Spirituous Liquor” Spirituous liquor includes all intoxicating liquors containing more than 21 percent of alcohol by volume. Spirituous Liquor is all ‘high-proof’ liquor. There is one Ohio permit that is specific to the sale of spirituous liquor ONLY. Q. Which Liquor Permits are affected by local options and where can I get information about liquor licenses? There are 3 classes of Ohio permits (A, C & D) that are affected by local option elections. A complete list of all permits is available online at the Ohio Division of Liquor Control or LAWriter Ohio Laws & Rules Ohio Revised Code Title XLIII (43) Liquor Permits. Another good resource for liquor permit information in Ohio can be found at ohioliquoroptions.com Professional Assistance tab. The following is a brief explanation of all Ohio liquor permits affected by local option election along with a complete list of the current local option questions that could apply to these permits. i. Class ‘A’ Permits: Class ‘A’ permits are issued to the manufactures of beer and wine. While the actual manufacturing permits (A-1:manufacturer of beer, A-2: winery) are not subject to local option an accompanying A-1-A permit authorizing manufacturers to also sell other beverage alcohol products at retail are subject to local option. A-1-A permits* - Issued to either the holder of an A-1 or A-2 permit to authorize the sale of beer and any intoxicating liquor by the individual drink on the premises where sold. (Permit A-1-A, in most cases, is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1) No A-1-A permit may be issued to the holder of an A-1 or A-2 permit in any precinct where those permits are located UNLESS the sale of beer and intoxicating liquor under a class D permit is specifically authorized by local option or, in the absence of a specific local option, a favorable vote on the repeal of prohibition except in the case of applicants for an A-1-A permit prior to before June 1, 1994. In this case the privileges authorized by the A-1-A permit are ‘grand fathered’ and therefore exempted from the results of a local option election. ii. Class ‘C’ Permits: Class ‘C’ permits are specific to the sale of beer, wine, and mixed beverages for carry out or off-premise consumption only. ‘C’ class permits do not authorize any sales for on-premise consumption. C-1 permit - Authorizes the sale of beer and other malt based beverages for consumption off the premises where sold, in sealed containers, six days-a-week. (Permit C-1 is subject to the following Local Option Questions: FORM 5-A Question 1, FORM 5-C Question A, FORM 5-P Question A, FORM 5-R Question 1) C-2 permit - Authorizes the sale of wine and mixed beverages for consumption off the premises where sold, in sealed containers, six days-a-week. (Permit C-2 is subject to the following Local Option Questions: FORM 5-C Question A, FORM 5-P Question A, FORM 5-R Question 1) C-2x permit - Authorizes the holders of C-2 permits to sell beer and other malt based products for consumption off the premises where sold, in sealed containers, seven days-a-week. (Permit C-2x is subject to the following Local Option Questions: FORM 5-C Question A, FORM 5-P Question A, FORM 5-R Question 1) Permit C2X automatically permits the Sunday sale of BEER without the issuance of a Class ‘D6' permit because such permits were originally applied for before April 15, 1982. Before the end of 1982, the State of Ohio stopped issuing new C2X permits but continues to renew and transfer existing C2X permits. iii. Class ‘D’ Permits: Class ‘D’ permits are specific to the on-premise only and on/off premise sale of beer, wine, mixed beverages and spirituous liquors. D-1 permit -* Authorizes the sale of beer and other malt based beverages for consumption on and off the premises where sold six days-a-week. (Permit D-1 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1) D-2 permit - Authorizes the sale of wine and mixed beverages for consumption on and off the premises where sold six days-a-week. (Permit D-2 is subject to the following Local Option Questions: FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1) D-2x permit - Authorizes the holders of D-2 permits to sell beer and other malt based products for consumption on and off the premises where sold seven days-a-week. (Permit D-2x is subject to the following Local Option Questions: FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1) Permit D2X automatically permits the Sunday sale of BEER without the issuance of a Class ‘D6' permit because such permits were originally applied for before April 15, 1982 as outlined in ORC section 4301.351(D). Before the end of 1982, the State of Ohio stopped issuing new C2X permits but continues to renew and transfer existing C2X permits. D-3 permit - Authorizes the sale of spirituous liquor by the glass for consumption on the premises where sold until 1:00 a.m. six days-a-week. (Permit D-3 is subject to the following Local Option Questions: FORM 5-B, FORM 5-C Question C, FORM 5-P Question B, FORM 5-R Question 1) D-3x permit - Authorizes the holders of D-3 permits to sell wine and mixed beverages for consumption on the premises where sold six days-a-week (Permit D-3x is subject to the following Local Option Questions: FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1) D-3a permit - Authorizes the holder of a D-3 permit to sell spirituous liquor by the glass for consumption on the premises where sold until 2:30 a.m. six days-a-week (Permit D-3a is subject to the following Local Option Questions: FORM 5-C Question C, FORM 5-P Question B, FORM 5-R Question 1) D-4 permit - Authorizes the sale of spirituous liquor by the glass to members of a private club in existence for 3 or more years for consumption on the premises where sold until 1:00 a.m. six days-a-week. (Permit D-4 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1) D-5 permit - Authorizes the on and off premise sale of beer, wine and mixed beverages and the on premise only sale of spirituous liquors by the glass until 2:30 a.m. six days-a-week. (Permit D-5 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1) D-5a-k permits - Authorizes the on and off premise sale of beer, wine and mixed beverages and the on premise only sale of spirituous liquors by the glass until 2:30 a.m. six days-a-week in most cases. The alphabet D-5 permits are non-quota specialty permits which carry additional restrictions in addition to local option for issuance. (Permits D-5a through k are subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1) D-6 permit - Authorizes the on or off-premise sale of any intoxicating liquor which includes wine and mixed beverages and spirituous liquors between the hours of 10:00 a.m. and midnight or 1:00 p.m. and midnight on Sundays. (Permit D-6 is subject to the following Local Option Questions: FORM 5-D Questions 1, 2 & 3 FORM 5-E, Questions 1, 2 & 3, FORM 5-Q Questions 1, 2 & 3, FORM 5-T Questions 1, 2 & 3 and FORM 5-R Question 2) D-7 permit - Authorizes the on premise sale of beer and any intoxicating liquor by the holder of a D-2 permit in a resort area six days-a-week until 1:00 a.m. (Permit D-7 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1) D-8 permit - Authorizes the holders of certain C-1, C-2, and C-2x permits to offer tasting samples of beer and wine on the premises six days-a-week until 1:00 a.m. Permit D-8 can only be issued to holders of C-1, C-2 and/or C2x permits subject to the local option restrictions for those permits. $Text Box: Just because a local option is approved does not mean the State of Ohio will issue a liquor permit. Liquor permits in Ohio are issued on a QUOTA SYSTEM that is based on population. Here’s how the quota system works: Class ‘C’ permits are issued on a ratio of 1 permit to every 1000 people and fraction thereof in a political subdivision and Class ‘D’ permits are issued at a ratio of 1 permit to every 2000 residents and fraction thereof. Petitioners should review the permit quota for their area before placing a local option on the ballot to be sure they will ultimately benefit from all their hard work. Below is an example of a permit quota file from the Ohio Division of Liquor Control. Notice that a population of 12,005 allows 13 C1 permits and 7 D1 permits.$ Q. Do I really need to know about liquor permits to do a local liquor option election? The answer is an unqualified YES! How can anyone conduct a local liquor option election if they don’t know what type of permit they are asking voters to approve? Since a liquor option either allows or prohibits the “issuance” of liquor permits, the more you know about liquor permits, the more sense local options make. A liquor option doesn’t allow any sales to actually take place UNTIL the appropriate liquor permit is actually issued by the state of Ohio to allow those sales to take place. Whether or not sales are permitted through voter approval of a local liquor option or the repeal of prohibition has no bearing on the ability of a business to sell those beverages until the Division of Liquor Control issues a license to allow such sales. Furthermore, the most commonly used local option questions - the ‘Particular Location’ local option questions - require petitioners to describe the type of sales authorized by the permits held or applied for on the petition. In order to accurately complete Petition Form 5-R for a particular location question, petitioners should understand whether the information supplied on the petition is correct before circulation and filing with the board of elections. Q. What is the role of the Division of Liquor Control in local liquor options? The Ohio Division of Liquor Control is responsible for determining the “wet” or “dry” liquor status of a permit application premise and to oversee the three-tier system of beverage alcohol control in Ohio. When an application for a liquor permit is filed with the division, a ‘Request for Precinct History’ Form is sent to the local board of elections. This request asks the board to track the precinct location changes of the proposed permit premise address or descriptive location from 1933 to the present. If records dating back to 1933 are unavailable, as is often the case, the division asks that the location’s precinct history be documented as far back as records allow. Upon receipt of this information from the board of elections, liquor control then compares the precinct location history against a master ‘Local Option History’ report for the applicant’s county. This report lists ALL certified local liquor option elections held in Ohio from the 1933 repeal of prohibition vote to the present. At that point, determining the WET/DRY status becomes a relatively simple matter because the result of the most recent local option affecting the address governs the WET/DRY liquor status of the proposed permit premise (place of business). In other words, the division tracks the results of local liquor option elections held as they pertain to the precinct history of the proposed permit premise to determine the current liquor status. Q. What happens if I try and lose… can I try again right away? A local option petitioner is prohibited from placing the same local option question on the ballot in the same territory more than once in a four year period, win or lose. With that said, petitioners who have been unsuccessful in previous local options should seek Professional Assistance BEFORE circulating local option petitions. In some cases there are acceptable ways under Ohio law to utilize different local option questions to allow petitioners who may have been unsuccessful with one local option question to petition the electors with a different question that affords the petitioner the same privileges upon voter approval as originally sought. In other words, petitioners may not have to wait a full 4 years to gain permit privileges under Ohio law. Q. What are the requirements for placing a local option question on the ballot? The petitioning requirements to circulate a local option petition vary depending upon the type of alcohol sales and consumption the petitioner wishes to place on the ballot. The petitioner must decide on the type(s) of alcohol sale(s) he/she wishes to place on the ballot, as well as the area that will be affected by the election. The petitioner must then follow the process required for that particular petition process. As previously stated, in addition to local option elections which have a “Precinct-Wide” effect, there are other types of local options. Three types involve the circulation of petitions among registered voters to qualify the questions for placement on the next Primary or General election ballot, whichever occurs first. One type allows voters to decide a question on the sale of beverage alcohol at a business that has been judged by a court of jurisdiction to be a “public nuisance. And another type involves the circulation of petitions among registered voters to qualify a single question for placement on the General election ballot. The petition forms for each type of local option varies as do the requirements of the petitioner. In most cases, the signatures required to qualify a local option question for the ballot will equal 35 percent (%) of the previous votes cast in the precinct for the office of governor at the most recent gubernatorial election. Only voters who are eligible to cast a ballot on the local option petition are eligible to sign the local option petition. The types of local options in addition to the precinct-wide local option include: 1. The “Public Nuisance” at a particular permit premise local option election 2. The “Limited Effect” local option election 3. The “Particular Location” local option election 4. The “Community Facility” local option election

Q. Can Ohio Local Liquor Option Elections be Held at Anytime?

Q. Who else can tell me if a Local Liquor Option is Necessary?

Q. Do I need to hire a lawyer or a consultant?

Q. Where can I find information on the right way to collect voter signatures on a Local Liquor Option petition?

Q. What types of liquor sales are included under Ohio’s Local Liquor Option laws?

Local liquor option elections can include ALL types of beverage alcohol that is currently permitted in Ohio for retail sale. Ohio law is designed to allow registered voters to determine sales privileges for specific Ohio liquor license holders and license applicants, or to either grant or deny privileges for any and all current or future license holders across an entire precinct.
Before deciding on the proper local liquor option question, or even if a local option election is necessary, petitioners should first identify the type of permit(s) that may be required for their business or development project. Ohio liquor control law divides alcoholic beverages into various classes according to their alcohol content and type of sales. A local option election will affect only the sale of those classes of beverages that are specifically designated on the petition and in the ballot language. If the petitioner desires approval to sell beer he/she must ask for voter approval specifically for beer. In other words, voter approval of wine and mixed beverage sales will not permit the sale of beer in most cases.
The following is a brief description of the types of beverages covered under Ohio’s local liquor option election laws.
“Beer”
Refers to all beverages brewed or fermented wholly or in part from malt products and containing ½ of one percent or more, but not more than 12 percent alcohol by volume.
“Wine”
Refers to all liquids made from the fermented juices of grapes, fruits or other agricultural products and containing not less than ½ of 1 percent and not more than 21 percent of alcohol by volume.
“Mixed Beverages”
Refers to premixed, bottled products obtained by combining whiskey, neutral spirits, brandy, gin or other distilled spirits with water, pure juices or other flavorings. The completed product must contain not less than ½ of 1 percent and not more than 21 percent of alcohol by volume. Mixed beverages are commonly called ‘low-proof’ liquor. Ohio wine permits ALSO ALLOW the sale of mixed beverages.
“Intoxicating Liquor”
Intoxicating liquor refers to a classification of alcohol which includes all liquids and compounds, other than beer, containing at least ½ of 1 percent of alcohol by volume. Under Ohio law, intoxicating liquor includes wine and mixed beverages, and spirituous liquor. There are many Ohio permits that allow the sale of any intoxicating liquor. In addition to these regular permits, there are a number of temporary licenses in the ‘F’ category permits which permit the sale of any intoxicating liquor. These temporary permits may only be issued in areas where the sale of intoxicating liquor is permitted under the various D class permits.
“Spirituous Liquor”
Spirituous liquor includes all intoxicating liquors containing more than 21 percent of alcohol by volume. Spirituous Liquor is all ‘high-proof’ liquor. There is one Ohio permit that is specific to the sale of spirituous liquor ONLY.

Q. Which Liquor Permits are affected by local options and where can I get information about liquor licenses?

There are 3 classes of Ohio permits (A, C & D) that are affected by local option elections. A complete list of all permits is available online at the Ohio Division of Liquor Control or LAWriter Ohio Laws & Rules Ohio Revised Code Title XLIII (43) Liquor Permits. Another good resource for liquor permit information in Ohio can be found at ohioliquoroptions.com Professional Assistance tab. The following is a brief explanation of all Ohio liquor permits affected by local option election along with a complete list of the current local option questions that could apply to these permits.

i. Class ‘A’ Permits:
Class ‘A’ permits are issued to the manufactures of beer and wine. While the actual manufacturing permits (A-1:manufacturer of beer, A-2: winery) are not subject to local option an accompanying A-1-A permit authorizing manufacturers to also sell other beverage alcohol products at retail are subject to local option.

A-1-A permits* - Issued to either the holder of an A-1 or A-2 permit to authorize the sale of beer and any intoxicating liquor by the individual drink on the premises where sold.

(*Permit A-1-A, in most cases, is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1)

*No A-1-A permit may be issued to the holder of an A-1 or A-2 permit in any precinct where those permits are located UNLESS the sale of beer and intoxicating liquor under a class D permit is specifically authorized by local option or, in the absence of a specific local option, a favorable vote on the repeal of prohibition except in the case of applicants for an A-1-A permit prior to before June 1, 1994. In this case the privileges authorized by the A-1-A permit are ‘grand fathered’ and therefore exempted from the results of a local option election.

ii. Class ‘C’ Permits:
Class ‘C’ permits are specific to the sale of beer, wine, and mixed beverages for carry out or off-premise consumption only. ‘C’ class permits do not authorize any sales for on-premise consumption.
C-1 permit - Authorizes the sale of beer and other malt based beverages for consumption off the premises where sold, in sealed containers, six days-a-week.

(Permit C-1 is subject to the following Local Option Questions: FORM 5-A Question 1, FORM 5-C Question A, FORM 5-P Question A, FORM 5-R Question 1)

C-2 permit - Authorizes the sale of wine and mixed beverages for consumption off the premises where sold, in sealed containers, six days-a-week.
(Permit C-2 is subject to the following Local Option Questions: FORM 5-C Question A, FORM 5-P Question A, FORM 5-R Question 1)

C-2x permit - Authorizes the holders of C-2 permits to sell beer and other malt based products for consumption off the premises where sold, in sealed containers, *seven days-a-week.

(*Permit C-2x is subject to the following Local Option Questions: FORM 5-C Question A, FORM 5-P Question A, FORM 5-R Question 1)

*Permit C2X automatically permits the Sunday sale of BEER without the issuance of a Class ‘D6' permit because such permits were originally applied for before April 15, 1982. Before the end of 1982, the State of Ohio stopped issuing new C2X permits but continues to renew and transfer existing C2X permits.

iii. Class ‘D’ Permits:
Class ‘D’ permits are specific to the on-premise only and on/off premise sale of beer, wine, mixed beverages and spirituous liquors.

D-1 permit - Authorizes the sale of beer and other malt based beverages for consumption on and off the premises where sold six days-a-week.
(Permit D-1 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1)

D-2 permit - Authorizes the sale of wine and mixed beverages for consumption on and off the premises where sold six days-a-week.
(Permit D-2 is subject to the following Local Option Questions: FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1)
D-2x permit - Authorizes the holders of D-2 permits to sell beer and other malt based products for consumption on and off the premises where sold *seven days-a-week.

(Permit D-2x is subject to the following Local Option Questions: FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1)

*Permit D2X automatically permits the Sunday sale of BEER without the issuance of a Class ‘D6' permit because such permits were originally applied for before April 15, 1982 as outlined in ORC section 4301.351(D). Before the end of 1982, the State of Ohio stopped issuing new C2X permits but continues to renew and transfer existing C2X permits.

D-3 permit - Authorizes the sale of spirituous liquor by the glass for consumption on the premises where sold until 1:00 a.m. six days-a-week.
(Permit D-3 is subject to the following Local Option Questions: FORM 5-B, FORM 5-C Question C, FORM 5-P Question B, FORM 5-R Question 1)

D-3x permit - Authorizes the holders of D-3 permits to sell wine and mixed beverages for consumption on the premises where sold six days-a-week
(Permit D-3x is subject to the following Local Option Questions: FORM 5-C Question B, FORM 5-P Question B, FORM 5-R Question 1)

D-3a permit - Authorizes the holder of a D-3 permit to sell spirituous liquor by the glass for consumption on the premises where sold until 2:30 a.m. six days-a-week

(Permit D-3a is subject to the following Local Option Questions: FORM 5-C Question C, FORM 5-P Question B, FORM 5-R Question 1)

D-4 permit - Authorizes the sale of spirituous liquor by the glass to members of a private club in existence for 3 or more years for consumption on the premises where sold until 1:00 a.m. six days-a-week.

(Permit D-4 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1)

D-5 permit - Authorizes the on and off premise sale of beer, wine and mixed beverages and the on premise only sale of spirituous liquors by the glass until 2:30 a.m. six days-a-week.

(Permit D-5 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1)

D-5a-k permits - Authorizes the on and off premise sale of beer, wine and mixed beverages and the on premise only sale of spirituous liquors by the glass until 2:30 a.m. six days-a-week in most cases. The alphabet D-5 permits are non-quota specialty permits which carry additional restrictions in addition to local option for issuance.

(Permits D-5a through k are subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1)

D-6 permit - Authorizes the on or off-premise sale of any intoxicating liquor which includes wine and mixed beverages and spirituous liquors between the hours of 10:00 a.m. and midnight or 1:00 p.m. and midnight on Sundays.
(Permit D-6 is subject to the following Local Option Questions: FORM 5-D Questions 1, 2 & 3 FORM 5-E, Questions 1, 2 & 3, FORM 5-Q Questions 1, 2 & 3, FORM 5-T Questions 1, 2 & 3 and FORM 5-R Question 2)

D-7 permit - Authorizes the on premise sale of beer and any intoxicating liquor by the holder of a D-2 permit in a resort area six days-a-week until 1:00 a.m.
(Permit D-7 is subject to the following Local Option Questions: FORM 5-A Question 2, FORM 5-B, FORM 5-C Questions B & C, FORM 5-P Question B, FORM 5-R Question 1)

D-8 permit - Authorizes the holders of certain C-1, C-2, and C-2x permits to offer tasting samples of beer and wine on the premises six days-a-week until 1:00 a.m. Permit D-8 can only be issued to holders of C-1, C-2 and/or C2x permits subject to the local option restrictions for those permits.

$Text Box: Just because a local option is approved does not mean the State of Ohio will issue a liquor permit. Liquor permits in Ohio are issued on a QUOTA SYSTEM that is based on population. Here’s how the quota system works: Class ‘C’ permits are issued on a ratio of 1 permit to every 1000 people and fraction thereof in a political subdivision and Class ‘D’ permits are issued at a ratio of 1 permit to every 2000 residents and fraction thereof. Petitioners should review the permit quota for their area before placing a local option on the ballot to be sure they will ultimately benefit from all their hard work. Below is an example of a permit quota file from the Ohio Division of Liquor Control. Notice that a population of 12,005 allows 13 C1 permits and 7 D1 permits.$

Q. Do I really need to know about liquor permits to do a local liquor option election?

Q. What is the role of the Division of Liquor Control in local liquor options?

Q. What happens if I try and lose… can I try again right away?

Q. What are the requirements for placing a local option question on the ballot?

The petitioning requirements to circulate a local option petition vary depending upon the type of alcohol sales and consumption the petitioner wishes to place on the ballot. The petitioner must decide on the type(s) of alcohol sale(s) he/she wishes to place on the ballot, as well as the area that will be affected by the election. The petitioner must then follow the process required for that particular petition process.
As previously stated, in addition to local option elections which have a “Precinct-Wide” effect, there are other types of local options. Three types involve the circulation of petitions among registered voters to qualify the questions for placement on the next Primary or General election ballot, whichever occurs first. One type allows voters to decide a question on the sale of beverage alcohol at a business that has been judged by a court of jurisdiction to be a “public nuisance. And another type involves the circulation of petitions among registered voters to qualify a single question for placement on the General election ballot.
The petition forms for each type of local option varies as do the requirements of the petitioner. In most cases, the signatures required to qualify a local option question for the ballot will equal 35 percent (%) of the previous votes cast in the precinct for the office of governor at the most recent gubernatorial election. Only voters who are eligible to cast a ballot on the local option petition are eligible to sign the local option petition.
The types of local options in addition to the precinct-wide local option include:
1.       The “Public Nuisance” at a particular permit premise local option election
2.       The “Limited Effect” local option election
3.       The “Particular Location” local option election
4.       The “Community Facility” local option election

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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.