Ohio § 4301.331

§ 4301.331.

(A) The privilege of local option conferred by section 4301.321 of the Revised Code shall be exercised if a certified copy of the judgment issued pursuant to division (D) or (E) of section 3767.05 of the Revised Code that is the basis for the exercise of the local option privilege is filed pursuant

to division (G) of section 3767.05 of the Revised Code indicating that a liquor permit premises has been adjudged a nuisance.  The certified copy of the judgment shall be filed in accordance with this section

by the person or public official who brought the action under section 3763.03 of the Revised Code . (B) The certified copy of the judgment prescribed under division (A) of this section

shall be filed with the board of elections of the county in which the nuisance was

adjudged to exist pursuant to division (D) or (E) of section 3767.05 of the Revised Code not later than four p.m. of the ninetieth day before the day of the next general

election or the next special election held on a day on which a primary election may

be held. (C) The statement prescribed under division (A) of this section shall contain both of

the following: (1) A notice that the statement is for the submission of the question set forth in section 4301.352 of the Revised Code ; (2) The name of a class C or D permit holder and the address of the permit holder's permit

premises.  If the business conducted by a class C or D permit holder at the permit premises

has a name different from the permit holder's personal or corporate name, the name

of the permit holder's business shall be stated along with the permit holder's personal

or corporate name. (D) Not later than five days after the certified copy of the judgment prescribed under

division (A) of this section is filed, the board shall give notice by certified mail

that it has received the certified copy of the judgment to the liquor permit holder

whose permit would be affected by the results of the election required by the filing

of the certified copy of the judgment.  Failure of the petitioner to supply a complete and accurate address of the liquor

permit holder to the board of elections invalidates the election. For purposes of this section, “ complete and accurate address ” means all of the following: (1) The address of the liquor permit premises; (2) The address of the statutory agent of the liquor permit holder, if applicable; (3) The address of the liquor permit holder if different from the liquor permit premises

address. (E) Not later than the seventy-eighth day before the day of the next general election

or the next special election held on a day on which a primary election may be held,

whichever occurs first, the board shall certify the sufficiency and validity of the

certified copy of the judgment, make such determination as of the time of certification,

and order the holding of an election in the precinct on the day of that general or

special election for the submission of the question set forth in section 4301.352 of the Revised Code . (F) A certified copy of the judgment filed with the board of elections under division

(A) of this section shall be open to public inspection under rules adopted by the

board. An elector who is eligible to vote on the question set forth in section 4301.352 of the Revised Code or the permit holder named on the certified copy of the judgment, not later than

four p.m. of the seventy-fourth day before the day of the election at which the question

will be submitted to the electors, may file a protest against a local option petition.  The protest shall be in writing and shall be filed with the election officials with

whom the certified copy of the judgment was filed.  Upon the filing of the protest, the election officials with whom it is filed shall

promptly fix a time and place for hearing the protest, and shall mail notice of the

time and place for hearing it to the person who filed the certified copy of the judgment

and to the person who filed the protest.  At the time and place fixed, the election officials shall hear the protest and determine

the validity of the certified copy of the judgment.