Ohio § 4301.40 Local option elections not to affect or prohibit certain permits

Ohio Statutes

§ 4301.40 — Local option elections not to affect or prohibit certain permits

Ohio § 4301.40

Title 43Liquor

Ch. 4301Liquor Control Law

This text of Ohio § 4301.40 (Local option elections not to affect or prohibit certain permits) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 4301.40 (2026).

Text

(A)No local option election held pursuant to sections4301.32to4301.39of the Revised Code shall affect or prohibit the following:

(1)The transportation, possession, or consumption of intoxicating liquors within the precinct in which the election is held, or sales in the precinct under B-3, E, or G permits;

(2)The sale of intoxicating liquors, at a permit premises located at any publicly owned airport, as defined in section4563.01of the Revised Code, at which commercial airline companies operate regularly scheduled flights on which space is available to the public, provided the permit holder operates pursuant to the authority of a liquor permit issued pursuant to Chapter 4303. of the Revised Code.

(B)(1) As used in this division:

(a)"Ohio history connection area" means the Ohio Histo

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(A) No local option election held pursuant to sections4301.32to4301.39of the Revised Code shall affect or prohibit the following:

(1) The transportation, possession, or consumption of intoxicating liquors within the precinct in which the election is held, or sales in the precinct under B-3, E, or G permits;

(2) The sale of intoxicating liquors, at a permit premises located at any publicly owned airport, as defined in section4563.01of the Revised Code, at which commercial airline companies operate regularly scheduled flights on which space is available to the public, provided the permit holder operates pursuant to the authority of a liquor permit issued pursuant to Chapter 4303. of the Revised Code.

(B)(1) As used in this division:

(a) "Ohio history connection area" means the Ohio Historical Center and Ohio village, both located contiguous to the State fairgrounds.

(b) "State fairgrounds" means the property that is held by the state for the purpose of conducting fairs, expositions, and exhibits and all other contiguous property that is owned, maintained, or managed by the Ohio expositions commission under section991.03of the Revised Code.

(2) No local option election held under sections4301.32to4301.41and4305.14of the Revised Code, or held under the provisions for local option elections and the election on the question of the repeal of Section 9 of Article XV, Ohio Constitution, in section4303.29of the Revised Code, whether held before, on, or after April 9, 2001, prohibits or otherwise affects the sale of beer or intoxicating liquor in or at the Ohio history connection area or the state fairgrounds under a permit issued under Chapter 4303. of the Revised Code.