Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 13-5)
Status: (Introduced - Dead) 2009-09-30 - To Agriculture & Natural Resources
[HB291 Detail]Download: Ohio-2009-HB291-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
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 | 1 |
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exempt specified entities that operate a fair and | 2 |
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hold a license issued under the Vehicle Parks Law | 3 |
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from complying with the requirements of that | 4 |
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license during the time period when the | 5 |
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preparation for, operation of, and dismantling of | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3729.05 of the Revised Code be | 8 |
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amended to read as follows: | 9 |
| Sec. 3729.05. (A)(1) On or after the first day of April, but | 10 |
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before the
first day of May of each year, every person who intends | 11 |
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to
operate a recreational vehicle park, recreation camp, or | 12 |
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combined
park-camp shall procure a license to operate the park or | 13 |
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camp
from the licensor. If the applicable license fee prescribed | 14 |
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under section 3729.07 of the Revised Code is not received by the | 15 |
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licensor by the close of business on the last day of April, the | 16 |
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applicant for the license shall pay a penalty equal to
twenty-five | 17 |
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per cent of the applicable license fee. The penalty
shall | 18 |
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accompany the license fee. If the last day of April is not
a | 19 |
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business day, the penalty attaches upon the close of business
on | 20 |
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the next business day. | 21 |
| (2) Every person who intends to operate a temporary
park-camp | 22 |
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shall obtain a license to operate the temporary
park-camp from the | 23 |
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licensor at any time before the person begins
operation of the | 24 |
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temporary park-camp during the calendar year. | 25 |
| (3) No recreational vehicle park,
recreation camp, combined | 26 |
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park-camp, or temporary park-camp shall be maintained or
operated | 27 |
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in this state without a license.
However, no person who neither | 28 |
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intends to receive nor receives
anything of value arising from the | 29 |
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use of, or the sale of goods
or services in connection with the | 30 |
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use of, a recreational vehicle
park, recreation camp, combined | 31 |
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park-camp, or temporary park-camp
is required to procure a license | 32 |
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under this division. If any
health hazard exists at such an | 33 |
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unlicensed park, camp, or
park-camp, the health hazard shall be | 34 |
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corrected in a manner
consistent with the appropriate rule adopted | 35 |
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under division (A) or (B) of section 3729.02 of the Revised Code. | 36 |
| (4) No person who has received a license under division | 37 |
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(A)(1) of this section, upon the sale or
disposition of the | 38 |
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recreational vehicle
park, recreation camp, or combined park-camp, | 39 |
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may have the
license transferred to the new operator. A person | 40 |
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shall obtain a
separate license to operate each
recreational | 41 |
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vehicle park, recreation camp, or combined
park-camp. No license | 42 |
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to operate a temporary park-camp shall be
transferred. A person | 43 |
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shall obtain a separate license for each
temporary park-camp that | 44 |
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the person intends to operate, and the
license shall
be valid for | 45 |
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a period of not longer than seven consecutive days.
A person who | 46 |
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operates a temporary park-camp on a tract of land for more
than | 47 |
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twenty-one days or parts thereof in a calendar year shall
obtain a | 48 |
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license to operate a recreational vehicle park,
recreation camp, | 49 |
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or combined park-camp. | 50 |
| (B)(1) Before a license is initially issued under division | 51 |
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(A)(1) of this section and annually
thereafter, or more often if | 52 |
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necessary, the licensor shall cause
each recreational vehicle | 53 |
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park,
recreation camp, or combined park-camp to be inspected to | 54 |
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determine compliance with this chapter and rules adopted under it. | 55 |
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A record shall
be made of each inspection on a form prescribed by | 56 |
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the director of health. | 57 |
| (2) When a license is initially issued under division (A)(2) | 58 |
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of this section, and more often if
necessary, the licensor shall | 59 |
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cause each temporary park-camp to
be inspected to determine | 60 |
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compliance with this chapter and rules adopted under it during the | 61 |
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period that the temporary park-camp is in
operation. A record | 62 |
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shall be made of each inspection on a form
prescribed by the | 63 |
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director. | 64 |
| (C) Each person applying for an initial license to operate
a | 65 |
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recreational vehicle park, recreation
camp, combined park-camp, or | 66 |
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temporary park-camp shall provide
acceptable proof to the | 67 |
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director, or to the licensor in
the case of a temporary park-camp, | 68 |
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that adequate fire protection
will be provided and that applicable | 69 |
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fire codes will be adhered
to in the construction and operation of | 70 |
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the park, camp, or
park-camp. | 71 |
| (D) Any person that operates a county or state fair or any | 72 |
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independent agricultural society organized pursuant to section | 73 |
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1711.02 of the Revised Code that operates a fair shall not be | 74 |
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required to obtain a license under this chapter if recreational | 75 |
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vehicles, portable camping
units, or any combination of them are | 76 |
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parked at the site of the
fair only during the time of preparation | 77 |
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for, operation of, and
dismantling of the fair and if the | 78 |
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recreational vehicles,
portable camping units, or any combination | 79 |
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of them belong to
participants in the fair. | 80 |
| (E) The following entities that operate a
fair and that hold | 81 |
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a license issued under this chapter are not
required to comply | 82 |
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with the requirements normally imposed on
a
licensee under this | 83 |
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chapter and rules adopted under it during the
time of preparation | 84 |
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for, operation of, and
dismantling of the
fair: | 85 |
| (1) A county agricultural society organized pursuant to | 86 |
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section 1711.01 of the Revised Code; | 87 |
| (2) An independent agricultural society organized pursuant to | 88 |
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section 1711.02 of the Revised Code; | 89 |
| (3) The Ohio expositions commission. | 90 |
| Section 2. That existing section 3729.05 of the Revised Code | 91 |
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is hereby repealed. | 92 |
