Ohio’s Division of Liquor Control explains local option processes

When Ohioans go to the polls on Tuesday, March 19, they may see a question on the ballot about whether a particular business should be able to sell a certain type of alcohol at a specific location. The question may also reference regular (Monday–Saturday) sales, or it may ask about Sunday sales. These types of questions are part of the local option election law process.

With Election Day less than a month away, the Ohio Department of Commerce Division of Liquor Control is providing a resource for understanding why voters may see liquor-related questions on the ballot.

Click here to view a Location Option Election Law Guide.

For certain types of liquor permits, the location where alcohol sales will occur must be “wet” for the specific types of sales (i.e., beer, wine, spirits, etc.), including how they will be sold, such as via carryout or on-premises consumption. On the other hand, when the precinct in that area is not wet (or “dry”), a business can put a question to the voters within that precinct that asks to wet up the entire precinct or just the specific location.

Following the repeal of Prohibition in 1933, a new regulatory system was enacted to ensure the safe consumption of alcoholic beverages and an orderly, competitive marketplace. Some parts of the regulatory system include permit quotas, objection rights by local governments, a three-tier system consisting of manufacturers, distributors, and retail outlets, and local option (wet/dry) laws.

A local option, wet/dry determination is one part of the overall licensing process. Local option elections give the voters within their precincts a voice over what types of alcohol get sold, including where, when, and how. Some examples that a wet (O.K. to sell) or dry (not allowed to sell) vote can have are:

• What types of alcohol can be sold: Those types are beer, wine, mixed beverages, and high-proof spirits.
• How it can be sold: Carryout only (to go) or for on-premises consumption (dine-in).
• When it can be sold: Monday through Saturday (regular sales) and/or Sunday too.
• Where it can be sold: Precinct-wide or site-specific to a particular location for that specific business that secured the vote.

Liquor options – Mahoning County

• Austintown Precinct 1. Dandidos, 5332 Mahoning Ave. Wine and mixed beverages on Sunday.
• Canfield Precinct 5. Shall intoxicating liquor be sold on Sunday in the precinct.
• Canfield Precinct 5. Shall wine and mixed beverages be sold on Sunday in the precinct.
• Canfield Precinct 5. Shall the sale of beer be permitted for off-premises sale in the precinct.
• Canfield Precinct 5. Shall the sale of beer both on and off-premises sale in the precinct.
• Canfield Precinct 5. Shall the sale of wine and mixed beverages off-premise sales in the precinct.
• Canfield Precinct 5. Shall the sale of wine and mixed beverages on and off-premise sales in the precinct.
• Canfield Precinct 5. Shall the sale of spirituous liquors by the glass be permitted in the precinct.

The above liquor options were filed per petition forms 5-A, 5-C and 5-D)

• Canfield Township Precinct 3. Aldi, 4165 Westford Drive. Beer, wine and mixed beverages weekly.
• Canfield Township Precinct 3. Aldi, 4165 Westford Drive. Wine and mixed beverages on Sunday.
• Goshen Township Precinct 1. Jems Farms, 16212 state Route 14. Beer, wine and mixed beverages and spirituous liquor weekly.
• Goshen Township Precinct 1. Jems Farms, 16212 state Route 14. Wine and mixed beverages on Sunday.
• Youngstown 5-A. Cornersburg Party Shop, 3727 Tippecanoe Road. Wine and mixed beverages on Sunday.

Source: Mahoning County Board of Elections.

Liquor options – Trumbull County

Due to the complexity of local option elections, an experienced liquor attorney is always recommended when navigating the process.

The Division of Liquor Control is part of the Ohio Department of Commerce, Ohio’s chief regulatory agency. For more information, visit www.com….

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