As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 657 5
1997-1998 6
REPRESENTATIVES O'BRIEN-BRADING-CLANCY-JAMES-CATES-SCHULER- 8
MOTTLEY-BATEMAN-KREBS-VESPER-VAN VYVEN-BRITTON 9
11
A B I L L
To amend section 505.94 of the Revised Code to 12
change the law that authorizes regulation of the 13
activities of certain transient vendors by 14
boards of township trustees and to allow such 15
boards to prohibit these activities. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 505.94 of the Revised Code be 20
amended to read as follows: 21
Sec. 505.94. (A) A board of township trustees may, by 30
resolution, require the registration of all transient vendors 31
within the unincorporated territory of the township and may 32
reasonably regulate the time, place, and manner in which these 33
vendors may sell, offer for sale, or solicit orders for future 34
delivery of goods, OR THE BOARD MAY, BY RESOLUTION, PROHIBIT 35
THESE ACTIVITIES WITHIN THAT TERRITORY. The IF THE board 36
REQUIRES THE REGISTRATION OF ALL TRANSIENT VENDORS, IT may 37
establish a reasonable registration fee, not to exceed 39
seventy-five dollars for a registration period, and this 40
registration shall be valid for a period of at least ninety days 41
after the date of registration. Any board of township trustees 42
that provides for the registration and regulation, OR 43
PROHIBITION, of transient vendors under this section shall notify 45
the department of elections of the office of the secretary of 46
state and the county prosecutor PROSECUTING ATTORNEY of the
county in which the township is located of its registration and 48
2
regulatory requirements and shall notify the county prosecutor of 49
the names of all persons registered thereunder OR PROHIBITION. 50
No transient vendor shall fail to register or to comply with 52
regulations of OR PROHIBITIONS ESTABLISHED BY a board of township 54
trustees under this section DIVISION.
THIS DIVISION DOES NOT AUTHORIZE A BOARD OF TOWNSHIP 56
TRUSTEES TO APPLY A RESOLUTION IT ADOPTS UNDER THIS DIVISION TO 57
ANY PERSON INVITED BY AN OWNER OR TENANT TO VISIT THE OWNER'S OR 58
TENANT'S PREMISES TO SELL, OFFER FOR SALE, OR SOLICIT ORDERS FOR 59
FUTURE DELIVERY OF GOODS.
(B) As used in this section, "transient: 61
(1) "GOODS" MEANS GOODS, WARES, SERVICES, MERCHANDISE, 63
PERIODICALS, AND OTHER ARTICLES OR PUBLICATIONS. 64
(2) "TRANSIENT vendor" means any person who opens a 67
temporary place of business for the sale of goods or who, on the 68
streets or while traveling about the township, EITHER sells, OR 69
offers for sale GOODS, or solicits orders for future delivery of 71
goods where payment is required prior to the delivery of the 72
goods, except that "transient. "TRANSIENT vendor" does not 74
include any person who represents a business or organization, 75
including, but not limited to, any entity exempted from taxation 76
under section 5709.04 of the Revised Code, that notifies the 77
board of township trustees that its representatives are present 78
in the township for the purpose of EITHER selling, OR offering 79
for sale GOODS, or soliciting orders for future delivery of 81
goods, or AND DOES NOT INCLUDE an auction or an auctioneer 82
company licensed under Chapter 4707. of the Revised Code. 83
Section 2. That existing section 505.94 of the Revised 85
Code is hereby repealed. 86