(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?"
The exact wording of the
question as submitted and form of ballot as printed shall be determined by the
board of elections in the county wherein the election is held, subject to
approval of the secretary of state.
Upon the request of an
elector, a board of elections of a county that encompasses an election precinct
shall furnish to the elector a copy of the instructions prepared by the
secretary of state under division (P) of section
3501.05 of the Revised Code and,
within fifteen days after the request, with a certificate indicating the number
of valid signatures that will be required on a petition to hold a special
election in that precinct on either or both of the questions specified in this
section.
The board shall provide to
a petitioner, at the time the petitioner takes out a petition, the names of the
streets and, if appropriate, the address numbers of residences and business
establishments within the precinct in which the election is sought, and a form
prescribed by the secretary of state for notifying affected permit holders of
the circulation of a petition for an election for the submission of one or more
of the questions specified in division (A) of this section. The petitioner
shall, not less than fifty-five days before the petition-filing deadline
for an election provided for in this section, file with the division of liquor
control the information regarding names of streets and, if appropriate, address
numbers of residences and business establishments provided by the board of
elections, and specify to the division the precinct that is concerned or that
would be affected by the results of the election and the filing deadline. The
division shall, within a reasonable period of time and not later than
twenty-five days before the filing deadline, supply
the petitioner with a list of the names and addresses of permit holders who
would be affected by the election. The list shall contain a heading with the
following words: "liquor permit holders who would be affected by the
question(s) set forth on a petition for a local option election."
Within five days after
receiving from the division the list of liquor permit holders who would be
affected by the question or questions set forth on a petition for local option
election, the petitioner shall, using the form provided by the board of
elections, notify by certified mail each permit holder whose name appears on
that list. The form for notifying affected permit holders shall require the
petitioner to state the petitioner's name and street address and shall contain
a statement that a petition is being circulated for an election for the
submission of the question or questions specified in division (B) of this
section. The form shall require the petitioner to state the question or
questions to be submitted as they appear on the petition.
The petitioner shall attach
a copy of the list provided by the division to each petition paper. A part
petition paper circulated at any time without the list of affected permit
holders attached to it is invalid.
At the time of filing the
petition with the board of elections, the petitioner shall provide to the board
of elections the list supplied by the division and an affidavit certifying that
the petitioner notified all affected permit holders on the list in the manner
and within the time required in this section and that, at the time each signer
of the petition signed the petition, the petition paper contained a copy of the
list of affected permit holders.
Within five days after
receiving a petition calling for an election for the submission of the question
or questions set forth in this section, the board of elections shall give
notice by certified mail that it has received the petition to all liquor permit
holders whose names appear on the list of affected permit holders filed by the
petitioner. Failure of the petitioner to supply the affidavit required by this
section and a complete and accurate list of liquor permit holders invalidates
the entire petition. The board of elections shall provide to a permit holder
who would be affected by a proposed local option election, on the permit
holder's request, the names of the streets, and, if appropriate, the address
numbers of residences and business establishments within the precinct in which
the election is sought and that would be affected by the results of the
election. The board may charge a reasonable fee for this information when
provided to the petitioner and the permit holder.
Upon presentation not later
than four p.m. of the ninetieth day before the day of a general or primary
election, of a petition to the board of elections of the county wherein such
election is sought to be held, requesting the holding of such election on
either or both of the questions specified in this section, signed by qualified
electors of the precinct concerned equal in number to thirty-five per cent of
the total number of votes cast in the precinct concerned for the office of
governor at the preceding general election for that office, such board shall
submit the question or questions specified in the petition to the electors of
the precinct concerned, on the day of the next general or primary election,
whichever occurs first.
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