As Passed by the Senate                       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-SENATORS GARDNER-           12           

                       SCHAFRATH-BLESSING                          13           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend section 505.94 of the Revised Code to        16           

                change the law that authorizes regulation of the   17           

                activities of certain transient  vendors by        18           

                boards of township trustees and to allow such      19           

                boards to prohibit these  activities.              20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That section 505.94 of the Revised Code be       24           

amended to read as follows:                                        25           

      Sec. 505.94.  (A)  A board of township trustees may, by      34           

resolution, require the registration of all transient vendors      35           

within the unincorporated territory of the township and may        36           

reasonably regulate the time, place, and manner in which these     37           

vendors may sell, offer for sale, or solicit orders for future     38           

delivery of goods, OR THE BOARD MAY, BY RESOLUTION, PROHIBIT       39           

THESE ACTIVITIES WITHIN THAT TERRITORY.  The IF THE board          40           

REQUIRES THE REGISTRATION OF ALL TRANSIENT VENDORS, IT may         41           

establish a reasonable registration fee, not to exceed             43           

seventy-five dollars for a registration period, and this           44           

registration shall be valid for a period of at least ninety days   45           

after the date of registration.  Any board of township trustees    46           

that provides for the registration and regulation, OR              47           

                                                          2      


                                                                 
PROHIBITION, of transient vendors under this section shall notify  49           

the department of elections of the office of the secretary of      50           

state and the county prosecutor PROSECUTING ATTORNEY of the                     

county in which the township is located of its registration and    52           

regulatory requirements and shall notify the county prosecutor of  53           

the names of all persons registered thereunder OR PROHIBITION.     54           

No transient vendor shall fail to register or to comply with       56           

regulations of OR PROHIBITIONS ESTABLISHED BY a board of township  58           

trustees under this section DIVISION.                                           

      THIS DIVISION DOES NOT AUTHORIZE A BOARD OF TOWNSHIP         60           

TRUSTEES TO APPLY A RESOLUTION IT ADOPTS UNDER THIS DIVISION TO    61           

ANY PERSON INVITED BY AN OWNER OR TENANT TO VISIT THE OWNER'S OR   62           

TENANT'S PREMISES TO SELL, OFFER FOR SALE, OR SOLICIT ORDERS FOR   63           

FUTURE DELIVERY OF GOODS.                                                       

      (B)  As used in this section, "transient:                    65           

      (1)  "GOODS" MEANS GOODS, WARES, SERVICES, MERCHANDISE,      67           

PERIODICALS, AND OTHER ARTICLES OR PUBLICATIONS.                   68           

      (2)  "TRANSIENT vendor" means any person who opens a         71           

temporary place of business for the sale of goods or who, on the   72           

streets or while traveling about the township, EITHER sells, OR    73           

offers for sale GOODS, or solicits orders for future delivery of   75           

goods where payment is required prior to the delivery of the       76           

goods, except that "transient.  "TRANSIENT vendor" does not        78           

include any person who represents a business or organization,      79           

including, but not limited to, any entity exempted from taxation   80           

under section 5709.04 of the Revised Code, that notifies the       81           

board of township trustees that its representatives are present    82           

in the township for the purpose of EITHER selling, OR offering     83           

for sale GOODS, or soliciting orders for future delivery of        85           

goods, or AND DOES NOT INCLUDE an auction or an auctioneer         86           

company licensed under Chapter 4707. of the Revised Code.          87           

      Section 2.  That existing section 505.94 of the Revised      89           

Code is hereby repealed.                                           90