Buying Beer In Ohio: Election Day Restrictions

In the United States, several laws are outdated and require updates. One such regulation that may affect your Election Day plans is the ban on buying alcohol on Election Day. While this law is no longer in effect nationwide, some states and jurisdictions still uphold it. So, can you buy beer in Ohio on election day?

Ohio law prohibits the general sale of beer on Sundays

Ohio is not a dry state, but it is a blue law state, meaning that a special permit is required for alcohol to be sold on Sundays.

Blue laws in Ohio restrict the sale of beer and alcohol on Sundays, but they can be bought on other days of the week. In Ohio, restaurants, bars, breweries, and taprooms with the proper permits for customers to drink beer on-premise can sell it from Monday to Saturday from 5:30 am to 2:30 am. Liquor stores and other businesses, including grocery stores and gas stations, that sell beer for off-premise consumption are able to sell beer from 5:30 am to 1:00 am Monday through Saturday.

In 2000, Ohio's governor signed a law allowing alcohol sales on Sundays between 10:00 am and midnight with a special permit. Bars with a special permit may also serve alcohol on Sundays from 10:00 am to midnight, and some bars are still open after midnight on Sundays.

In Ohio, you can buy beer in bars, restaurants, hotels, gas stations, liquor stores, grocery stores, and breweries as long as they have the proper permits. Beer can be purchased in any hotel or motel with at least 50 rooms or that is part of a college or university. Beer purchase hours from hotels and motels are from 10:00 am to midnight, and it must be sold by the individual drink and consumed on-premise.

Gas stations are only allowed to sell beer for off-premise consumption in Ohio. Grocery stores are also allowed to sell beer for off-premise consumption and must be sold packaged in their original containers. Package and liquor stores can sell beer for carryout and it must be in original containers up to a maximum of five and one-sixth gallons.

Ohio's laws around buying and transporting growlers and other unsealed beer containers are not well-defined. It's best to assume that a growler will always be considered an open container and transport it in the trunk of your car.

Localities can hold special elections to allow Sunday beer sales

In Ohio, the law prohibits the sale of intoxicating liquor, including beer, wine, and spirits, on Sundays. However, localities can hold special elections to allow such sales within their jurisdiction. These are known as local option liquor elections, and they give localities the power to decide whether to permit Sunday liquor sales and during which hours.

The decision to hold a Sunday sales election and the specific hours offered are determined by resident petitions and subsequent voting results. This means that even within the same county, some areas may allow Sunday sales while others do not. There are typically two options for designated hours: 10:00 am – Midnight, and 11:00 am – Midnight.

The process for holding a local option liquor election is outlined in the Texas Election Code and the Texas Alcoholic Beverage Code. The procedures for these elections differ in many respects from other voter-initiated elections. The Texas Alcoholic Beverage Commission (TABC) provides resources to help determine the legal status of any territory in the state regarding the sale of alcohol.

To hold a local option liquor election, there are specific requirements that must be met. These include the number of signatures needed on a petition, the validity of signatures, and the timing of the election. The election must be held on a uniform election date, and the expenses are typically covered by the entity conducting the election.

The results of a local option liquor election can be either prohibition or legalization of liquor sales. The legal effect of the election depends on whether it was held for the purpose of legalization or prohibition. A successful election to prohibit liquor sales takes effect 30 days after the results are officially canvassed. On the other hand, a successful election to legalize liquor sales takes effect immediately upon the court's order.

Election Day alcohol bans are still active in some parts of the US

Maryland was the first US state to implement an Election Day alcohol ban in 1811, and other states soon followed suit. While most states have since repealed this law, some parts of the US still uphold it. As of 2023, certain areas of Alaska, Massachusetts, and Puerto Rico maintain Election Day dry laws. Additionally, until 2013, Kentucky had a similar statewide ban on alcohol sales during polling hours, but this rule was reversed and took effect in 2016.

In Ohio, the law prohibits the general sale of intoxicating liquor, including beer, wine, and spirits, on Sundays. However, localities can hold special elections to permit such sales within their jurisdiction. These elections typically offer two options for designated hours: 10:00 am to midnight or 11:00 am to midnight. The decision to hold these elections and determine the specific hours is based on resident petitions and voting results, leading to variations even within the same county.

The persistence of these outdated laws can be frustrating for those hoping to purchase alcohol on Election Day. However, it's important to note that the situation is constantly evolving, with states like South Carolina, Delaware, Idaho, and Utah recently relaxing their Election Day alcohol sales bans.

Pre-Prohibition, several states mandated liquor stores to close on Election Day

In the pre-Prohibition era, several US states mandated that liquor stores close on Election Day. This was because candidates often used alcohol to persuade undecided voters, with George Washington allegedly being guilty of this. Maryland was the first state to establish an Election Day alcohol ban in 1811, and several other states followed suit.

Over the years, most states repealed this law, with South Carolina being the last mainland state to officially reverse its stance in June 2014. As of 2023, only certain jurisdictions in Alaska, certain parts of Massachusetts, and parts of Puerto Rico have Election Day dry laws in place.

In 2024, Kentucky reversed its ban on Election Day alcohol sales, which took effect in 2016. This means that as of 2024, only Alaska and Massachusetts have partial bans that are limited to certain counties or cities. These bans end once polls have closed on Election Day.

Outside of the US, several countries have sober election days, including Mexico, Brazil, the UK, and India.

The University of Kentucky College of Law said that before 2013, Kentucky had a statewide ban on alcohol sales while polls were open

In the United States, several states have laws that prohibit the sale of alcohol on Election Day. These laws date back to the pre-Prohibition era when states started mandating liquor stores to close down on Election Day. This was because candidates would often provide alcohol to undecided voters in exchange for votes, with George Washington allegedly employing this tactic.

The University of Kentucky College of Law's Election Law Society stated that before 2013, Kentucky had a statewide ban on alcohol sales while polls were open. It was common for "saloons" to function as polling places, and politicians would offer drinks to voters in exchange for their support. This practice, known as "booze for ballots," could influence election results. The Kentucky law changed in 2013 and took effect in 2016, allowing alcohol sales during polling hours.

Kentucky was one of the last two states, along with South Carolina, to uphold a statewide ban on election day alcohol sales. South Carolina repealed its ban in 2014, becoming the last state to do so nationwide. As of 2024, only certain parts of Alaska, Massachusetts, and Puerto Rico have Election Day dry laws in place, with the majority of states having repealed such laws.

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