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“Particular Business Location” Overview - Local Option Election Process (Non-nuisance)
Process Includes ONLY Local Option Petition Form 5-R
General Petition Requirements:
This type of election has become the most widely utilized type of local option in Ohio because it authorizes the sale of beer, wine and mixed beverages or spirituous liquor in any manner and combination at a single particular business location within a precinct upon the filing of a petition by one of the following four (4) entities:
(1) A permit holder,
(2) An applicant for the issuance or transfer of a permit,
(3) An applicant who seeks to operate a liquor agency store, or the operator of a liquor agency store for the state of Ohio,
(4) An Agent, so designated by any of those parties.
No one other than the holder of a liquor permit, applicant for the necessary liquor permit, operator of or applicant for a liquor agency store, or the designated agent of the holder, applicant or operator may petition for a particular business use local option election.
The procedure for Particular Business Use local option election differs significantly from other local options. The petitioner, who must be a party associated with the only premise to be affected by the election, must file with the board of elections Form 5-R (the completed petition), Form 5-N (Affidavit of Local Option Petitioner), and, if the petitioner is the designated agent of a permit holder, applicant, or operator of a liquor agency store, written evidence of that designation (see Filing the Petition).
There is not a notice requirement with respect to the Division of Liquor Control or to any other permit holder that might be located within the precinct, because only the location specified on the petition will be affected by the election. Like all other local options, the petitioner serves as the contact person for the local option issue and must provide his or her name and address to the board of elections, as well as sign all documents to be filed with the board of elections that pertain to the local option issue.
Important Petitioners’ Notice: The name used on the petition to identify the permit holder, permit applicant or operator of a liquor agency store – including any corporate, trade or fictitious name under which it intends to or does do business (DBA), and the address of the location specified on the petition must be identical in all respects to the name & address on file with the Division of Liquor Control for that location. If either the name or address on file with Liquor Control as of the date the board of elections certifies the validity and sufficiency of the petition, is not identical to the petition, the question(s) will not be certified to the ballot. Ohio law specifically prohibits anyone from changing or withdrawing a petition after it has been filed. Any change MUST be made with Liquor Control on the pending application. In the event a particular location local option is certified for the ballot by the board of election and subsequently approved by voters, the Ohio Division of Liquor Control WILL NOT recognize the results of that election IF the certified results are not an EXACT MATCH with the pending application on file with the Division of Liquor Control for that location. This includes the name used on the petition to identify the permit holder, permit applicant or operator of a liquor agency store – including any corporate, trade or fictitious name under which it intends to or does do business (DBA) – and the address of the location specified on the petition.
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.