Our Township

Home Rule Chapter 1000 - Transient Vendors

#15-140 Motion by Mr. Haws,
WHEREAS, ORC 504.04(A) authorizes the Township to exercise powers of local self-government and to adopt and enforce within the Township local police, sanitary, and other similar regulations; and
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Plain Township Board of Trustees, Stark County, Ohio, pursuant to Chapter 504 of the Ohio Revised Code, and within the authority of Limited-Self Government, that we hereby adopt the following regulation of the transient vendor policy within the Township and the corresponding fines for violation thereof to take effect and to be enforced from and after the earliest period allowed by law.
Chapter 1000: Transient Vendors
Section 1001: Transient Vendor Policy
Transient Vendor Policy
1. As used in this legislation, "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. "Transient vendor" does not include any person who represents any entity exempted from taxation under Section 5709.04 of the Ohio 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 the future delivery of goods, and does not include an auction or an auctioneer company licensed under Chapter 4707 of the Ohio Revised Code.
  Plain Township will conduct a search of the available public records to determine whether a transient vendor permit will be issued. This public records search shall be conducted whether the individual, group or organization qualifies for exemption or not. The Township reserves the right to deny said permit based on the public records search. This also applies to exempted individuals, groups or organizations.
  Entities exempt from taxation under Ohio Revised Code Section 5709.04 are corporations, trusts, associations, funds, foundations or community chests, organized and operated exclusively for religious, charitable, scientific, literary, health, hospital, educational, or public purposes, exclusively for the prevention of cruelty to children or animals, exclusively for a home for the aged, or exclusively for contributing financial support to any such purposes, no part of the net earnings of which inures to the benefit of any private shareholder member or other individual, and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation.
2. All "transient vendors" are hereafter required to apply for a transient vendor's permit with the Plain Township Zoning Director at the administrative offices of Plain Township, Stark County, Ohio, located at 2600 Easton Street, N.E., Canton, Ohio 44721 2655. Prior to being eligible to receive said permit, the transient vendor must first pay to the township a $75.00 permit fee and must have previously received a vendor's license for the sale of tangible personal property at retail from the Department of Taxation, State of Ohio.
3. Upon the issuance of a transient vendor's permit to an applicant, said permit is valid for a period of ninety (90) days after the date of issuance of the requested permit.
4. A transient vendor's permit is required for each location that said vendor intends to sell, offer for sale, or solicit orders for future delivery of goods.
5. A transient vendor's permit is required for each person who, on the streets, or while traveling about the Township, sells, offers for sale, or solicits orders for future delivery of goods where payment is required prior to delivery of goods.
6. Upon the payment of an additional $75.00 permit fee, a transient vendor’s permit can be renewed and will remain valid for a period of 90 days after the date of renewal. An applicant is limited to one application and renewal per location for each 12 month period.
7. A validly authorized transient vendor's permit can only be utilized in a S 1, Suburban Office District, B 1, Neighborhood Business District; B 2, General Business District; I 1, Light Industrial District; and I 2, General Industrial District of Plain Township, Stark County, Ohio as set forth on the Township Zoning Map; or a farm market permitted under Section 519.21 of the Ohio Revised Code. The use of a transient vendor's permit for residences in any residential district is prohibited.
8. The validly authorized transient vendor's permit must be on display at the approved location for the sale, offer for sale, or solicitation of orders for the future delivery of goods, or each person must display an authorized identification badge, who, on the street or while traveling about the Township, sells, offers for sale, or solicits orders for future delivery of goods where payment is required prior to the delivery of goods.
9. The issuance of a validly authorized transient vendor’s permit does not authorize the use of the permit on private property without the owner's written permission.
10.   An entity exempted from taxation under Section 5709.04 who provides notice to the Board of Township Trustees that its representatives are present in the township in accordance with the requirements of Paragraph #1 of this legislation shall complete a form to be filed with the Township. However, said entities are not subject to any of the regulations set forth in this legislation except those requirements set forth in Paragraph #1 of this legislation necessary for said exempt entity to be excepted from the definition of "transient vendor."
11. Regulations
  1. Definition:
    "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. "Transient vendor" does not include any person who represents any entity exempted from taxation under Section 5709.04 of the Ohio 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 the future delivery of goods, and does not include an auction or an auctioneer company licensed under Chapter 4707 of the Ohio Revised Code.

  2. Application for Transient Vendor Permit:
    An application is to be completed by the transient vendor applicant. The transient vendor's permit is a form to be issued after approval of said application to the applicant. A badge furnished by the Township, displaying the words "Transient Vendor" and the number of the Transient Vendor's Permit, must be displayed while traveling about the Township, selling, offering for sale, or soliciting orders for the future delivery of goods where payment is required prior to the delivery of the goods.

  3. Permit Fee:
    Every transient vendor shall obtain a permit before engaging in business for the sale of goods or who, on the streets or while traveling about the Township, sells, offers for sale, or solicits orders for the future delivery of goods, and shall pay a fee of Seventy Five dollars ($75.00) for the maximum period of ninety (90) consecutive days. The permit shall terminate automatically with the last day for which the fee has been paid. Upon payment of an additional $75.00 permit fee, a permit can be renewed for an additional 90 consecutive days. A vendor is limited to one application and renewal per location every 12 months.

  4. Exceptions:
    (1)  Any person who represents a business or organization, including, but not limited to, any entity exempted from taxation under Section 5709.04 of the Ohio Revised Code, that notifies the Board of Township Trustees that its representatives are present in the Township for the purpose of selling, offering for sale, or soliciting orders for the future delivery of goods, or an auction or an auctioneer company licensed under Chapter 4707 of the Ohio Revised Code.

    (2)  Nothing in these regulations shall apply to persons selling items governed herein for any projects sponsored by the elementary and high schools and/or churches.
12. Penalty:
  Section 505.94 of the Ohio Revised Code.   Whosoever violated Ohio Revised Code Section 505.94 or any of the regulations set forth herein is guilty of a misdemeanor punishable by a fine up to one hundred dollars ($100.00).
BE IT FURTHER RESOLVED, that this resolution be duly recorded and authenticated by the signature of the Township Fiscal Officer and the Plain Township Board of Trustees shall hereby advise the Fiscal Officer to publish same in a newspaper of general circulation within the Township according to the requirements of ORC 504.11 and 504.12.
Seconded by Mr. Giavasis.
Vote: Mr. Leno, yes; Mr. Haws, yes; Mr. Giavasis, yes.