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H. B. No. 291 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Jordan, Carney
Cosponsors:
Representatives Adams, J., Adams, R., Blessing, Boose, Derickson, Gardner, Hackett, Hite, Luckie, Okey, Patten, Phillips, Stebelton, Wagner, Wachtmann, Zehringer
A BILL
To amend section 3729.05 of the Revised Code to
exempt specified entities that operate a fair and
hold a license issued under the Vehicle Parks Law
from complying with the requirements of that
license during the time period when the
preparation for, operation of, and dismantling of
the fair occurs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3729.05 of the Revised Code be
amended to read as follows:
Sec. 3729.05. (A)(1) On or after the first day of April, but
before the
first day of May of each year, every person who intends
to
operate a recreational vehicle park, recreation camp, or
combined
park-camp shall procure a license to operate the park or
camp
from the licensor. If the applicable license fee prescribed
under section 3729.07 of the Revised Code is not received by the
licensor by the close of business on the last day of April, the
applicant for the license shall pay a penalty equal to
twenty-five
per cent of the applicable license fee. The penalty
shall
accompany the license fee. If the last day of April is not
a
business day, the penalty attaches upon the close of business
on
the next business day.
(2) Every person who intends to operate a temporary
park-camp
shall obtain a license to operate the temporary
park-camp from the
licensor at any time before the person begins
operation of the
temporary park-camp during the calendar year.
(3) No recreational vehicle park,
recreation camp, combined
park-camp, or temporary park-camp shall be maintained or
operated
in this state without a license.
However, no person who neither
intends to receive nor receives
anything of value arising from the
use of, or the sale of goods
or services in connection with the
use of, a recreational vehicle
park, recreation camp, combined
park-camp, or temporary park-camp
is required to procure a license
under this division. If any
health hazard exists at such an
unlicensed park, camp, or
park-camp, the health hazard shall be
corrected in a manner
consistent with the appropriate rule adopted
under division (A) or (B) of section 3729.02 of the Revised Code.
(4) No person who has received a license under division
(A)(1) of this section, upon the sale or
disposition of the
recreational vehicle
park, recreation camp, or combined park-camp,
may have the
license transferred to the new operator. A person
shall obtain a
separate license to operate each
recreational
vehicle park, recreation camp, or combined
park-camp. No license
to operate a temporary park-camp shall be
transferred. A person
shall obtain a separate license for each
temporary park-camp that
the person intends to operate, and the
license shall
be valid for
a period of not longer than seven consecutive days.
A person who
operates a temporary park-camp on a tract of land for more
than
twenty-one days or parts thereof in a calendar year shall
obtain a
license to operate a recreational vehicle park,
recreation camp,
or combined park-camp.
(B)(1) Before a license is initially issued under division
(A)(1) of this section and annually
thereafter, or more often if
necessary, the licensor shall cause
each recreational vehicle
park,
recreation camp, or combined park-camp to be inspected to
determine compliance with this chapter and rules adopted under it.
A record shall
be made of each inspection on a form prescribed by
the director of health.
(2) When a license is initially issued under division (A)(2)
of this section, and more often if
necessary, the licensor shall
cause each temporary park-camp to
be inspected to determine
compliance with this chapter and rules adopted under it during the
period that the temporary park-camp is in
operation. A record
shall be made of each inspection on a form
prescribed by the
director.
(C) Each person applying for an initial license to operate
a
recreational vehicle park, recreation
camp, combined park-camp, or
temporary park-camp shall provide
acceptable proof to the
director, or to the licensor in
the case of a temporary park-camp,
that adequate fire protection
will be provided and that applicable
fire codes will be adhered
to in the construction and operation of
the park, camp, or
park-camp.
(D) Any person that operates a county or state fair or any
independent agricultural society organized pursuant to section
1711.02 of the Revised Code that operates a fair shall not be
required to obtain a license under this chapter if recreational
vehicles, portable camping
units, or any combination of them are
parked at the site of the
fair only during the time of preparation
for, operation of, and
dismantling of the fair and if the
recreational vehicles,
portable camping units, or any combination
of them belong to
participants in the fair.
(E) The following entities that operate a
fair and that hold
a license issued under this chapter are not
required to comply
with the requirements normally imposed on
a
licensee under this
chapter and rules adopted under it during the
time of preparation
for, operation of, and
dismantling of the
fair:
(1) A county agricultural society organized pursuant to
section 1711.01 of the Revised Code;
(2) An independent agricultural society organized pursuant to
section 1711.02 of the Revised Code;
(3) The Ohio expositions commission.
Section 2. That existing section 3729.05 of the Revised Code
is hereby repealed.
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