As Passed by the House 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-WINKLER-REID-CORBIN-PADGETT-ALLEN- 10
WILSON-SULZER-CORE-ROMAN-GRENDELL-WILLAMOWSKI-MYERS- 11
PERZ-PATTON-HOUSEHOLDER-MAIER 12
14
A B I L L
To amend section 505.94 of the Revised Code to 15
change the law that authorizes regulation of the 16
activities of certain transient vendors by 17
boards of township trustees and to allow such 18
boards to prohibit these activities. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 505.94 of the Revised Code be 23
amended to read as follows: 24
Sec. 505.94. (A) A board of township trustees may, by 33
resolution, require the registration of all transient vendors 34
within the unincorporated territory of the township and may 35
reasonably regulate the time, place, and manner in which these 36
vendors may sell, offer for sale, or solicit orders for future 37
delivery of goods, OR THE BOARD MAY, BY RESOLUTION, PROHIBIT 38
THESE ACTIVITIES WITHIN THAT TERRITORY. The IF THE board 39
REQUIRES THE REGISTRATION OF ALL TRANSIENT VENDORS, IT may 40
establish a reasonable registration fee, not to exceed 42
seventy-five dollars for a registration period, and this 43
registration shall be valid for a period of at least ninety days 44
after the date of registration. Any board of township trustees 45
that provides for the registration and regulation, OR 46
PROHIBITION, of transient vendors under this section shall notify 48
2
the department of elections of the office of the secretary of 49
state and the county prosecutor PROSECUTING ATTORNEY of the
county in which the township is located of its registration and 51
regulatory requirements and shall notify the county prosecutor of 52
the names of all persons registered thereunder OR PROHIBITION. 53
No transient vendor shall fail to register or to comply with 55
regulations of OR PROHIBITIONS ESTABLISHED BY a board of township 57
trustees under this section DIVISION.
THIS DIVISION DOES NOT AUTHORIZE A BOARD OF TOWNSHIP 59
TRUSTEES TO APPLY A RESOLUTION IT ADOPTS UNDER THIS DIVISION TO 60
ANY PERSON INVITED BY AN OWNER OR TENANT TO VISIT THE OWNER'S OR 61
TENANT'S PREMISES TO SELL, OFFER FOR SALE, OR SOLICIT ORDERS FOR 62
FUTURE DELIVERY OF GOODS.
(B) As used in this section, "transient: 64
(1) "GOODS" MEANS GOODS, WARES, SERVICES, MERCHANDISE, 66
PERIODICALS, AND OTHER ARTICLES OR PUBLICATIONS. 67
(2) "TRANSIENT vendor" means any person who opens a 70
temporary place of business for the sale of goods or who, on the 71
streets or while traveling about the township, EITHER sells, OR 72
offers for sale GOODS, or solicits orders for future delivery of 74
goods where payment is required prior to the delivery of the 75
goods, except that "transient. "TRANSIENT vendor" does not 77
include any person who represents a business or organization, 78
including, but not limited to, any entity exempted from taxation 79
under section 5709.04 of the Revised Code, that notifies the 80
board of township trustees that its representatives are present 81
in the township for the purpose of EITHER selling, OR offering 82
for sale GOODS, or soliciting orders for future delivery of 84
goods, or AND DOES NOT INCLUDE an auction or an auctioneer 85
company licensed under Chapter 4707. of the Revised Code. 86
Section 2. That existing section 505.94 of the Revised 88
Code is hereby repealed. 89