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Miami County Board of Elections
Miami County Board of Elections
   

Local Option

Local option elections allow registered voters to vote on the question of whether, and to what extent, alcohol sales and consumption will be allowed within a precinct. Local option elections can specify certain types of alcohol that may be made available within that precinct and whether the alcohol may be consumed on-premises only, off-premises only, or both on- and off-premises. [ R.C. 4301.32 ]

When considering whether it is necessary to place a local option question on the ballot in order to allow or disallow the consumption or sale of a particular type of alcohol, the petitioner (as an applicant for a particular type of license from the Ohio Division of Liquor Control) must first determine the current " wet" or " dry " status of the precinct or location within a precinct. Although the Board of Elections does not determine whether a precinct is " wet" or "dry", it has the voting history for all local option elections in the county.

Definition of Types of Alcohol
Ohio liquor control law divides alcoholic beverages into various classes according to their alcohol content. A local option election will affect only the sale of those classes of beverages that are specifically designated on the petition and in the ballot language. The Ohio Revised Code [R.C. 4301.01] define these classes of alcoholic beverages as:
  • Beer refers to all brewed or fermented malt products containing at least of 1 percent of alcohol by volume, but not more than 6 percent of alcohol by weight.
  • Intoxicating Liquor refers to a broad classification including all liquids and compounds, other than beer, containing at least of 1 percent of alcohol by volume.
  • Mixed Beverages refers to premixed, bottled products obtained by combining whiskey, neutral spirits, brandy, gin, or other distilled spirits with water, plant juices or other flavorings. The completed product must contain not less than of 1 percent and not more than 21 percent of alcohol by volume.
  • Spirituous Liquors refers to all intoxicating liquors containing more than 21 percent of alcohol by volume.
  • Wine refers to all liquids made from the fermented juices of grapes, fruits or other agricultural products and containing not less than of 1 percent and not more than 21 percent of alcohol by volume.
The Petition Process
The requirements to circulate a local option petition vary depending upon the type of alcohol sale and consumption the petitioner wishes to place on the ballot. The Petitioner must decide on the type(s) of alcohol sale(s) he or she wishes to place on the ballot and the area that will be affected by the election. The petitioner must then follow the process required for the particular petition.
Additional Information
You may find more information on local options on-line by visiting the Ohio Division of Liquor Control website.

A Guide to Local Option Elections: Sale of Intoxicating Liquor and Beer is available at the Board of Elections office. Neither the Board of Elections nor the Ohio Secretary of State's office can give petitioners legal advice. They are encouraged to seek private legal counsel. If you have any questions regarding any of the information contained on this page e-mail  or call (937) 440-3900.

 

 

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Information provided on this page is provided by the County Board of Elections and is their property and is copyrighted by Miami County.

 

Miami  County Board of Elections

Miami County Courthouse

215 West Main Street

Troy, OH 45373

(937) 440-3900 (office)

Office Hours: 8:00 a.m. - 4:00 p.m.

Monday - Friday