Effective: July 2, 2010
Latest Legislation: House Bill 48 - 128th General Assembly
(A) For the purpose of section 351.26 of the Revised Code and to pay any or all of the charge the board of elections makes against the county to hold the election on the question of levying the tax, the board of county commissioners, in the manner prescribed by division (A) of section 351.26 of the Revised Code, may levy a tax on each gallon of spirituous liquor; on the sale of beer; and on the sale of wine and mixed beverages. The tax on spirituous liquor shall be imposed on spirituous liquor sold to or purchased by liquor permit holders for resale, and sold at retail by the division of liquor control, in the county at a rate not greater than three dollars per gallon; the tax on beer, wine, and mixed beverages shall be imposed on all beer, wine, and mixed beverages sold for resale at retail in the county, and on all beer, wine, and mixed beverages sold at retail in the county by the manufacturer, bottler, importer, or other person and upon which the tax has not been paid. The rate of the tax on beer shall not exceed sixteen cents per gallon, and the rate of the tax on wine and mixed beverages shall not exceed thirty-two cents per gallon. Only one sale of the same article shall be used in computing, reporting, and paying the amount of tax due. The tax may be levied for any number of years not exceeding twenty.
The tax shall be levied pursuant to a resolution of the board of county commissioners adopted as prescribed by division (A) of section 351.26 of the Revised Code and approved by a majority of the electors in the county voting on the question of levying the tax. The resolution shall specify the rates of the tax, the number of years the tax will be levied, and the purposes for which the tax is levied. Such election may be held on the date of a general or special election held not sooner than ninety days after the date the board certifies its resolution to the board of elections. If approved by the electors, the tax takes effect on the first day of the month specified in the resolution but not sooner than the first day of the month that is at least sixty days after the certification of the election results by the board of elections. A copy of the resolution levying the tax shall be certified to the division of liquor control and the tax commissioner at least sixty days prior to the date on which the tax is to become effective.
(B) A resolution under this section may be joined on the ballot as a single question with a resolution adopted under section 5743.026 of the Revised Code to levy a tax for the same purposes, and for the purpose of paying the expenses of administering that tax.
(C) The form of the ballot in an election held on the question of levying a tax proposed pursuant to this section shall be as prescribed by section 351.26 of the Revised Code.
(D) No tax shall be levied under this section on or after September 23, 2008. This division does not prevent the collection of any tax levied under this section before that date so long as that tax remains effective.
Structure Ohio Revised Code
Chapter 4301 | Liquor Control Law
Section 4301.01 | Liquor Control Definitions.
Section 4301.011 | General Assembly Finding - Sole and Exclusive Regulation of Alcohol.
Section 4301.02 | Division of Liquor Control Organization.
Section 4301.021 | Superintendent of Liquor Control Powers.
Section 4301.022 | Liquor Control Commission.
Section 4301.03 | Liquor Control Commission Rules.
Section 4301.04 | Liquor Control Commission Powers.
Section 4301.041 | Minimum Percentage Mark-Up for Sales at Retail of Beer.
Section 4301.042 | Pricing Practices Rules for Beer Sales.
Section 4301.06 | Division of Liquor Control Publications and Hearings.
Section 4301.07 | Liquor Control Commission Members.
Section 4301.08 | Bond of Liquor Control Commission, Superintendent, Employees.
Section 4301.10 | Division of Liquor Control Powers and Duties.
Section 4301.101 | Superintendent of Liquor Control Rules.
Section 4301.102 | Administration, Collection, and Enforcement of County Sports Facility Liquor Tax.
Section 4301.11 | Leases of State Liquor Stores.
Section 4301.12 | Custody, Safekeeping, and Deposit of Funds.
Section 4301.13 | Rules for Dealing in and Distributing and Selling Bottled Wine.
Section 4301.14 | Rules for Equitable Distribution of Supplies of Spirituous Liquor.
Section 4301.15 | Violating Rules for Equitable Distribution.
Section 4301.16 | Accounting for Moneys Received From the Sale of Liquor.
Section 4301.17 | State Liquor Stores or Agencies.
Section 4301.171 | Tasting Samples of Spirituous Liquor.
Section 4301.172 | Agency Store Hours of Sale.
Section 4301.19 | Sale of Spirituous Liquor by Division of Liquor Control.
Section 4301.20 | Exemptions From Liquor Control Law.
Section 4301.201 | Homemade Beer and Wine.
Section 4301.21 | Rules for Sale of Beer or Intoxicating Liquor for Consumption on the Premises.
Section 4301.23 | Sales of Sacramental Wine for Religious Rites.
Section 4301.24 | Rules for Manufacturers and Wholesale Distributors.
Section 4301.241 | Sales Area or Territory for B-1 Permit Holder to Be Brand Distributor.
Section 4301.242 | Manufacturers and Wholesale Distributors - Permitted Conduct.
Section 4301.243 | Giving Things of Value in Connection With Purchase of Alcoholic Beverage.
Section 4301.244 | Beer Not Intoxicating Liquor.
Section 4301.245 | Use of Social Media for Advertising.
Section 4301.246 | Gifts of Glassware.
Section 4301.25 | Suspension or Revocation of Liquor Permit.
Section 4301.252 | Option of Paying Forfeiture Rather Than Suspending Operations.
Section 4301.253 | Training Program.
Section 4301.26 | No-Fault Cancellation of Permits.
Section 4301.27 | Revoking or Cancelling Permits.
Section 4301.28 | Appeals to Liquor Control Commission.
Section 4301.29 | Seizure of Beer, Intoxicating Liquor or Alcohol.
Section 4301.30 | Deposit and Distribution of Fees.
Section 4301.31 | Jurisdiction - Immunity.
Section 4301.32 | Local Option Privilege.
Section 4301.323 | Conditions for Exercising Privilege of Local Option at a Particular Location.
Section 4301.324 | Local Option - Community Facility.
Section 4301.33 | Local Option Petition.
Section 4301.331 | Local Option - Premises Adjudged a Nuisance.
Section 4301.333 | Local Option Petition Contesting a Particular Location.
Section 4301.334 | Local Option Petition Contesting Community Facility.
Section 4301.34 | Petition Requirements.
Section 4301.35 | Election and Form of Ballots on Four Question Election.
Section 4301.351 | Election and Form of Ballots on Sunday Sales.
Section 4301.352 | Election and Form of Ballots Concerning Particular Permit Premises.
Section 4301.355 | Election and Form of Ballots Contesting a Particular Location.
Section 4301.356 | Election and Form of Ballots Contesting Community Facility.
Section 4301.36 | Effect of Four Question Election.
Section 4301.361 | Effect of Sunday Sales Election.
Section 4301.362 | Effect of Particular Permit Premises Election.
Section 4301.365 | Effect of Election Concerning Particular Location.
Section 4301.366 | Effect of Election Concerning Community Facility.
Section 4301.37 | Local Option Elections Effective for Four Years.
Section 4301.39 | Notification and Results of Local Option Elections.
Section 4301.391 | Operation Inconsistent With Results of Local Option Election.
Section 4301.40 | Local Option Elections Not to Affect or Prohibit Certain Permits.
Section 4301.401 | Permits Issued in Premises Located in Annexed Territory Valid.
Section 4301.404 | Center for Preservation of Wild Animals Exemptions.
Section 4301.41 | Refund of Permit Fee Upon Cancellation.
Section 4301.42 | Tax on Sale of Beer in Sealed Bottles and Cans.
Section 4301.421 | Tax Levies to Finance Sports Facilities.
Section 4301.422 | Retail Sellers Liable for County Tax.
Section 4301.423 | Crediting and Distribution of Tax Receipts.
Section 4301.424 | Tax Levies to Finance Construction or Renovation of Sports Facility.
Section 4301.43 | Tax on Sale and Distribution of Wine and Mixed Beverages.
Section 4301.433 | Out-of State Wine Bottlers to Furnish Invoices.
Section 4301.44 | Tax Commissioner to Administer Liquor Taxes.
Section 4301.441 | Disclosure of Information Provided by Department of Taxation.
Section 4301.45 | Seizure of Beer or Intoxicating Liquors Transported or Possessed Illegally.
Section 4301.46 | Credit of Moneys Received.
Section 4301.47 | Record Retention.
Section 4301.48 | False Entries on Invoices or Containers Prohibited.
Section 4301.49 | Prevention or Hindrance of Inspection.
Section 4301.50 | Distribution or Sale of Beverages Without Tax Prohibited.
Section 4301.52 | Seizure of Wine, Mixed Beverage, or Beer Upon Which Tax Has Not Been Paid.
Section 4301.53 | Search Warrants - Seizure of Property.
Section 4301.54 | Retaliatory Tax on Liquor Products Sold In, Delivered, or Shipped Into Ohio.
Section 4301.57 | Fines and Forfeited Bonds.
Section 4301.58 | Permits Required.
Section 4301.59 | False or Fraudulent Statement in Warehouse Receipts.
Section 4301.60 | Illegal Transportation of Beer, Intoxicating Liquor, or Alcohol Prohibited.
Section 4301.62 | Opened Container of Beer or Intoxicating Liquor Prohibited at Certain Premises.
Section 4301.63 | Purchase of Beer or Intoxicating Liquor by Persons Under Twenty-One Prohibited.
Section 4301.635 | Compliance Check.
Section 4301.637 | Warning Cards as to Underage Persons and Person Carrying Firearms.
Section 4301.638 | Modification on Other Sections Not Intended.
Section 4301.639 | False Identification Accepted in Good Faith.
Section 4301.64 | Prohibition Against Consumption of Beer or Intoxicating Liquor in Motor Vehicle.
Section 4301.65 | Sale, Purchase, or Use of Alcohol Vaporizing Device Prohibited.
Section 4301.66 | Obstructing Inspection or Search of Premises Prohibited.
Section 4301.67 | Illegal Possession of Spirituous or Intoxicating Liquor or Beer Prohibited.
Section 4301.68 | Sale of Liquor in Diluted, Refilled, or Partly Refilled Containers Prohibited.
Section 4301.69 | Underage Persons Offenses Concerning.
Section 4301.70 | Violations Not Otherwise Specified.
Section 4301.71 | Sale of Powdered or Crystalline Alcohol.
Section 4301.72 | Liquor Taxes Are Lien on Property of Permit Holder.
Section 4301.74 | Violation of Nuisance Injunction.
Section 4301.77 | Providing Social Security Numbers.
Section 4301.80 | Community Entertainment District Application.
Section 4301.81 | Application for Revitalization District Designation.
Section 4301.82 | Designated Outdoor Refreshment Areas.
Section 4301.83 | Waiver to Serve Alcohol at Major Event.
Section 4301.991 | Notice of Conviction or Acquittal of Liquor Control Violations.