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(122nd General Assembly)(House Bill Number 657)
To amend section 505.94 of the Revised Code to change the law that
authorizes regulation of the activities of certain transient
vendors by boards
of township trustees and to allow such boards to prohibit these
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 505.94 of the Revised Code be amended to read as
Sec. 505.94. (A) A board of township trustees may, by
resolution, require the registration of all transient vendors
within the unincorporated territory of the township and may
reasonably regulate the time, place, and manner in which these
vendors may sell, offer for sale, or solicit orders for future
delivery of goods, or the board may, by resolution, prohibit these
activities within that territory. The If the board
requires the registration of all transient vendors, it may establish a
registration fee, not to exceed seventy-five dollars for a
registration period, and this registration shall be valid for a
period of at least ninety days after the date of registration.
Any board of township trustees that provides for the registration
and regulation, or prohibition, of transient vendors
under this section shall
notify the department of elections of the office of the secretary
of state and the county prosecutor prosecuting attorney of the
county in which the
township is located of its registration and regulatory
requirements and shall notify the county prosecutor of the names
of all persons registered thereunder or prohibition. No transient
fail to register or to comply with regulations of or prohibitions
established by a board of
township trustees under this section division.
This division does not authorize a board of township trustees to apply a
resolution it adopts under this division to any person invited by an owner or
tenant to visit the owner's or tenant's premises to sell, offer for sale, or
solicit orders for future delivery of goods.
(B) As used in this section
(1) "Goods" means goods, wares, services, merchandise, periodicals, and
other articles or publications.
(2) "Transient vendor" means any
person who opens a temporary place of business for the sale of
goods or who, on the streets or while traveling about the
township, either sells
, or offers for sale goods,
or solicits orders for future
delivery of goods where payment is required prior to the delivery
of the goods , except that "transient. "Transient
does not include any
person who represents a business or organization, including, but
not limited to, any entity exempted from taxation under section
5709.04 of the Revised Code, that notifies the board of township
trustees that its representatives are present in the township for
the purpose of either selling , or offering for sale
goods, or soliciting orders
for future delivery of goods, or and does not include an auction
or an auctioneer
company licensed under Chapter 4707. of the Revised Code.
SECTION 2 . That existing section 505.94 of the Revised Code is hereby