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
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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