Staff report

COLUMBUS — When Ohioans go to cast their vote on Nov. 5, they may see more than political contests on the ballot.
Voters in various Ohio communities may also see items related to local option election laws and these issues can determine a number of alcohol-related items, including whether a particular business is able to sell a certain type of alcohol at a specific location, whether they can engage in regular Monday – Saturday sales, or whether they can sell alcohol on Sundays.
With Election Day less than a month away, the Ohio Department of Commerce Division of Liquor Control has developed an online Local Option Election Guide to help the media and public understand these issues, and explain why voters may see alcohol-related questions on the ballot. The guide is available at com.ohio.gov/LocalOptionGuide.
“We realize that alcohol-related issues on the ballot can sometimes catch individuals off guard,” said Paul Kulwinski, DOLC director of Licensing. “We developed this guide to help inform and prepare voters in the event they see these particular issues on their ballot so they can make an informed decision on Nov. 5.”
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.). Those permits dictate how those items can be sold, such as via carryout or on-premises consumption.
When the precinct in that area is not wet (commonly known as “dry”), a business can put a question to the voters within that precinct that can ask to either make the entire precinct wet 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. Local option elections give the voters within their precincts a voice as to what types of alcohol get sold, including where, when, and how.
Due to the complexity of local option elections, an experienced liquor attorney is always recommended for businesses or localities when navigating this process.