As Reported by the House Local Government and Townships Committee 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-GARCIA- 9
SALERNO-TERWILLEGER 10
12
A B I L L
To amend section 505.94 of the Revised Code to 13
change the law that authorizes regulation of the 14
activities of certain transient vendors by 15
boards of township trustees and to allow such 16
boards to prohibit these activities. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 505.94 of the Revised Code be 21
amended to read as follows: 22
Sec. 505.94. (A) A board of township trustees may, by 31
resolution, require the registration of all transient vendors 32
within the unincorporated territory of the township and may 33
reasonably regulate the time, place, and manner in which these 34
vendors may sell, offer for sale, or solicit orders for future 35
delivery of goods, OR THE BOARD MAY, BY RESOLUTION, PROHIBIT 36
THESE ACTIVITIES WITHIN THAT TERRITORY. The IF THE board 37
REQUIRES THE REGISTRATION OF ALL TRANSIENT VENDORS, IT may 38
establish a reasonable registration fee, not to exceed 40
seventy-five dollars for a registration period, and this 41
registration shall be valid for a period of at least ninety days 42
after the date of registration. Any board of township trustees 43
that provides for the registration and regulation, OR 44
PROHIBITION, of transient vendors under this section shall notify 46
the department of elections of the office of the secretary of 47
state and the county prosecutor PROSECUTING ATTORNEY of the
2
county in which the township is located of its registration and 49
regulatory requirements and shall notify the county prosecutor of 50
the names of all persons registered thereunder OR PROHIBITION. 51
No transient vendor shall fail to register or to comply with 53
regulations of OR PROHIBITIONS ESTABLISHED BY a board of township 55
trustees under this section DIVISION.
THIS DIVISION DOES NOT AUTHORIZE A BOARD OF TOWNSHIP 57
TRUSTEES TO APPLY A RESOLUTION IT ADOPTS UNDER THIS DIVISION TO 58
ANY PERSON INVITED BY AN OWNER OR TENANT TO VISIT THE OWNER'S OR 59
TENANT'S PREMISES TO SELL, OFFER FOR SALE, OR SOLICIT ORDERS FOR 60
FUTURE DELIVERY OF GOODS.
(B) As used in this section, "transient: 62
(1) "GOODS" MEANS GOODS, WARES, SERVICES, MERCHANDISE, 64
PERIODICALS, AND OTHER ARTICLES OR PUBLICATIONS. 65
(2) "TRANSIENT vendor" means any person who opens a 68
temporary place of business for the sale of goods or who, on the 69
streets or while traveling about the township, EITHER sells, OR 70
offers for sale GOODS, or solicits orders for future delivery of 72
goods where payment is required prior to the delivery of the 73
goods, except that "transient. "TRANSIENT vendor" does not 75
include any person who represents a business or organization, 76
including, but not limited to, any entity exempted from taxation 77
under section 5709.04 of the Revised Code, that notifies the 78
board of township trustees that its representatives are present 79
in the township for the purpose of EITHER selling, OR offering 80
for sale GOODS, or soliciting orders for future delivery of 82
goods, or AND DOES NOT INCLUDE an auction or an auctioneer 83
company licensed under Chapter 4707. of the Revised Code. 84
Section 2. That existing section 505.94 of the Revised 86
Code is hereby repealed. 87