(A) Any room, house, building, boat, vehicle, structure, or place where beer or intoxicating liquor is manufactured, sold, bartered, possessed, or kept in violation of law, and all property kept and used in maintaining the same, and all property designed for the unlawful manufacture of beer or intoxicating liquor, and beer or intoxicating liquor contained in such room, house, building, boat, structure, or place is a common nuisance.
(B) An action to enjoin the nuisance may be brought in the name of the city by any police officer of the city.
(C) If the Law Director receives a petition that is signed by the qualified electors of an election precinct located in the city, equal in number to at least 35% of the total number of votes cast in that precinct for the office of governor at the preceding general election for that office and the petition alleges that a common nuisance described in this section is operating in that precinct and states the specific laws that are being violated therein, the Law Director who receives the petition shall bring an action in the name of the state, within ten days after the petition is certified as valid by the Board of Elections, to enjoin the nuisance. Upon receiving the petition, the Law Director shall forward it to the Board of Elections of the county in which the alleged common nuisance is located and the Board shall examine and determine the sufficiency of the signatures on the petition and review, examine, and determine the validity of the petition. The Board shall certify to the Law Director the sufficiency and validity of any petition that it determines to be valid.
(D) The action shall be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine equity cases. If it appears, by affidavits or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunction shall issue restraining the defendant from conducting or permitting the continuance of such nuisance until the conclusion of the trial. If a temporary injunction is prayed for, the court may issue an order restraining the defendant and all other persons from removing or in any way interfering with the beer or intoxicating liquor, property designed for the manufacture of beer or intoxicating liquors,fixtures, or other things, used in connection with the violation of this section, constituting such nuisance.
(E) No bond shall be required in instituting such proceedings. The court need not find that the property involved was being unlawfully used at the time of the hearing, but on finding that the material allegations of the petition are true, the court shall order that no beer or intoxicating liquors shall be manufactured, sold, bartered, possessed, kept, or stored in such room, house, building, structure, place, boat, or vehicle, or any part thereof.
(F) Upon judgment of the court ordering such nuisance to be abated, the court may order that such room, house, building, structure, place, boat, or vehicle shall not be occupied or used for one year thereafter; but the court may permit it to be occupied or used if its owner, lessee, tenant, or occupant gives a bond with sufficient surety, to be approved by the court making the order, in the sum of not less than $l,000 nor more than $5,000, payable to the city, and conditioned that beer or intoxicating liquor will not thereafter be manufactured, sold, bartered, possessed, kept, stored, transported, or otherwise disposed of therein in violation of law, and that he will pay all fines, costs, and damages that may be assessed for any violation. For closing the premises and keeping them closed, a reasonable sum shall be allowed the officer by the court.
(R.C. § 4301.73)