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In lieu of the filing of a petition, this local liquor option question is placed on the ballot by filing with the board of elections the judgment entry declaring the particular location a nuisance, as defined in Ohio Revised Code section 3767.01(C).
Notices of Commencement/Adjudication of NuisaSnce Action
1. Any agency, officer, or other person who brings a nuisance action against the holder of a liquor permit must notify the Division of Liquor Control, the Liquor Control Commission, and the Liquor Enforcement Division of the Ohio Department of Public Safety at the time such action is brought.
2. The court which adjudicates that a nuisance, other than a nuisance found as a result of a violation of local zoning provisions, exists at a liquor permit premises must send notice to the Division of Liquor Control, the Liquor Control Commission, and the Liquor Enforcement Division of the Ohio Department of Public Safety.
Procedure to Qualify a Nuisance Local Option for the Ballot
If a liquor permit premises has been adjudged a nuisance, other than a nuisance found as a result of a violation of local zoning provisions, the person or public official who brought the nuisance action must file the following documents with the board of elections of the county in which the nuisance was adjudged to exist:
1. A certified copy of the judgment entry issued;
2. A statement containing:
- A notice that the statement is for the submission of the question set forth in R.C. 4301.352,
- The name of the class C or D permit holder and, if different, the business name, and
- The address of the permit holder’s permit-premise.
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.