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