reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.22 | Legislative Findings Regarding Video Service.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
The general assembly finds and declares all of the following for the purposes of sections 1332.21 to 1332.34 of the Revised Code:
(A) Video service brings significant daily benefits to this state by providing news, education, and entertainment.
(B) This state's economy will be enhanced by investment in new communications and video programming infrastructure, including fiber optic and internet protocol technologies.
(C) Enhancing the existing broadband infrastructure and increasing consumer access to robust and reliable broadband products and services are important, statewide concerns.
(D) To date, there has been only minimal competitive entry by telephone companies into the facilities-based video programming market in this state, in part, because local franchise requirements may present barriers to entry.
(E) Increased competition in the provision of video service will provide new and more video programming choices for consumers in this state, and new providers have stated their desire to supply that service.
(F) The time-to-market interval is critical for new entrants seeking to compete with incumbents.
(G) Local franchise and other requirements may present inordinate delays for new entrants.
(H) This state can and should provide a uniform regulatory framework by which persons can rapidly and expeditiously provide video service to residents of this state regardless of their jurisdictional locations, which framework will promote rapid competitive entry into the video service market and encourage additional, significant infrastructure investment.
(I) Maintaining an existing franchise in cases where new entrants obtain video service authorizations is not appropriate unless the incumbent chooses to maintain that franchise.
(J) The continued development of Ohio's video service market and promotion of infrastructure investment are matters of statewide concern and are properly subject to exercises of this state's police power.
(K) By analogy to Am. Financial Servs. Assn. et al. v. Cleveland, 112 Ohio St. 3d 170, 2006-Ohio-6043, citing Canton v. State, 95 Ohio St.3d 149, 2002-Ohio-2005, syllabus, sections 1332.21 to 1332.34 of the Revised Code are intended as a comprehensive legislative enactment operating uniformly throughout this state, setting forth police regulations, and prescribing a rule of conduct upon citizens generally.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.27 | Advance Notice of Service - Transfer - Termination.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
(A) Before it provides or sells video service to one or more subscribers within its video service area or any additional video service area under division (C) of section 1332.25 of the Revised Code, a video service provider shall provide ten days' advance, written notice of that service or additional service to the respective municipal corporation or township and to every person providing video service in all or part of that video service area.
(B) A video service provider may transfer its video service authorization to a successor. Within ten days after completing the transfer, the provider shall provide written notice to the respective municipal corporation or township. The transfer is not valid until the date that the successor files a complete affidavit with the director of commerce containing the information specified in division (A) of section 1332.25 of the Revised Code. The director has no authority to act upon the notice or the completed affidavit.
(C)(1) A video service provider may terminate video service to its video service area, but only after providing ninety days' advance, written notice to the director, affected subscribers, and the respective municipal corporations or townships comprising the video service area. The director has no authority to act upon the notice.
(2) Notwithstanding division (C)(1) of this section, a video service provider that provided video service in this state under a franchise on the effective date of this section shall not abandon the video service it provided within the franchise area to subscribers served on that effective date, at least until the franchise would have expired if not terminated under division (B) of section 1332.23 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.28 | Racial or Income Discrimination Prohibited.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
(A) Consistent with the "Telecommunications Act of 1996," Pub. L. No. 104-104, Title III, Sections 303(a), 110 Stat. 61, 124, 47 U.S.C. 541(a)(3) and to prohibit discriminatory practices against a group of potential residential subscribers, no video service provider shall deny access to video service to any group of potential residential subscribers in its video service area because of the race or income of the residents in the local area in which the group resides.
(B) It is an affirmative defense to a violation of division (A) of this section if the video service provider can demonstrate either of the following:
(1) Three years after the date it began providing video service in its video service area, at least twenty-five per cent of households with access to the provider's video service are low-income households.
(2) Five years after the date it began providing video service in its video service area and thereafter, at least thirty per cent of the households with access to the provider's video service are low-income households.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.29 | Household Service Percentage Requirements - Waiver.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
(A)(1) A video service provider that both uses telecommunications facilities to provide video service and has more than one million telephone access lines in this state shall provide access to video service to at least:
(a) Twenty-five per cent of the households in its video service area within two years after the date it began providing video service in that area;
(b) Fifty per cent of the households in its video service area within five years after the date it began providing video service in that area, except that a video service provider need not meet that fifty per cent requirement until two years after at least thirty per cent of the households with access to the provider's video service under its video service authorization subscribe to the service for six consecutive months.
(2) A video service provider may comply with division (A)(1)(a) or (b) of this section through the use of alternative technology, except satellite technology, that offers service, functionality, and content demonstrably similar to the service, functionality, and content the provider otherwise provides through its video service network.
(B) A video service provider shall file an annual report with the director of commerce describing its compliance with division (A) of this section or, as applicable, its progress toward that compliance.
(C) A video service provider may apply to the director for a waiver of or for an extension of time to comply with division (A)(1) of this section. The director may grant the waiver or extension only if the director determines that the video service provider has made substantial and continual effort to comply and determines that one or more of the following caused the provider's inability to comply:
(1) The provider is unable to obtain access to public and private rights-of-way under reasonable terms and conditions.
(2) Developments or buildings are not subject to competition because of existing, exclusive service arrangements.
(3) Developments or buildings are inaccessible using reasonable technical solutions under commercially reasonable terms and conditions.
(4) A natural disaster prevents compliance.
(5) There are other factors beyond the provider's control.
If an extension of time is granted, the director shall establish a new compliance deadline. If a waiver is granted, the director shall specify the requirement or requirements waived.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.31 | Emergency Interrupt Service Announcements.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
Not later than six months after the effective date of its video service authorization, a video service provider shall carry emergency interrupt service announcements transmitted by local television broadcasters and shall transmit national, state, and local emergency interrupt service announcements as required by 47 C.F.R. 11.11 et seq. or as otherwise required by the federal communications commission.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.33 | Video Service Provider Fee Audit.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
(A) At its sole expense and not more often than once per calendar year, a municipal corporation or township may conduct an audit for the purpose of verifying the accuracy of a video service provider's calculation of the video service provider fees it paid to the municipal corporation or township in the audit period. For the purpose of the audit, the video service provider shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to its gross revenue as defined in division (B) of section 1332.32 of the Revised Code. The provider need not retain those records for longer than three years after the year for which the fee was payable, unless the municipal corporation or township has commenced an action under division (C) of this section.
(B) A video service provider shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments as provided in section 1343.03 of the Revised Code. However, payment need not be made in that thirty-day period if the video service provider brings an action under division (D) of this section.
(C)(1) No municipal corporation or township shall employ, appoint, or retain any person to conduct an audit under division (A) of this section for compensation that is dependent on the dollar amount of the audit findings. Divisions (C)(1) and (2) of this section do not prohibit or limit the hiring of legal counsel on a contingency fee basis to enforce the findings of an audit.
(2) No person shall solicit or accept compensation that is dependent in any manner upon the outcome of an audit under division (A) of this section, including compensation dependent on the audit findings or the recovery of fees or other payment by the municipal corporation, township, or video service provider.
(D) An action by the municipal corporation or township or by the video service provider to dispute the amount of video service provider fee due based on the audit results shall be brought in a court of competent jurisdiction not later than two years following the end of the quarter to which the disputed amount relates.
(E) A municipal corporation or township shall be deemed to accept as full payment any payment of a video service provider fee that it does not challenge as provided under division (D) of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1332 | Fair Competition in Cable Operations › Section 1332.34 | Harmony With Federal Law.

Effective:
September 24, 2007
Latest Legislation:
Senate Bill 117 - 127th General Assembly
Nothing in sections 1332.21 to 1332.33 of the Revised Code is intended to be inconsistent with the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C. 521 to 573.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.01 | Sale of Trading Stamps.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall sell or issue a stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other device which entitles the holder thereof, on presentation thereof either singly or in definite number, to receive from the vendor or other person, money, goods, wares, or merchandise, unless each of such stamp, trading stamps, cash discount stamps, checks, tickets, coupons, or other devices has legibly printed or written upon the face thereof the redeemable value thereof in lawful money of the United States.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.02 | Redemption of Trading Stamps.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whoever sells or issues to a person engaged in a trade, business, or profession, a stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other device which entitles the holder thereof, on presentation thereof either singly or in definite number, to receive from the vendor or other person, money, goods, wares, or merchandise, shall redeem them upon presentation, either in goods, wares, merchandise, or money, at the option of such holder, at the value in money printed on the face thereof, provided they are presented for redemption in number aggregating in money value not less than five cents in each lot.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.03 | Redemption of Trading Stamps by Persons in Trade, Business, or Profession.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person engaging in a trade, business, or profession, who distributes, delivers, or presents to a person dealing with him, in consideration of an article or thing purchased, a stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other device entitling the holder thereof, on the presentation thereof either singly or in definite number, to receive from the person issuing or selling them or from another person, money, goods, wares, or merchandise, upon the refusal or failure of such person issuing them to redeem them, as provided in section 1333.02 of the Revised Code, is liable to the holder thereof for the face value thereof, and upon presentation thereof in lots aggregating in money value not less than five cents in each lot, shall redeem them either in goods, wares, merchandise, or money at the value printed on the face thereof, at the option of the holder thereof.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.04 | Stamps Redeemed by Issuer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 1333.01 to 1333.04, inclusive, of the Revised Code do not apply to tickets, coupons, or other vouchers placed by a merchant or manufacturer in or upon packages of goods sold or manufactured by him if such tickets, coupons, or other vouchers are to be redeemed by such merchant or manufacturer.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.05 | Motion Picture License Agreement Definitions.

Effective:
October 23, 1978
Latest Legislation:
House Bill 806 - 112th General Assembly
As used in sections 1333.05 to 1333.07 of the Revised Code:
(A) "Theater" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
(B) "Distributor" means any person engaged in the business of renting, selling, or licensing motion pictures to exhibitors.
(C) "Exhibitor" means any person engaged in the business of operating a theater in this state.
(D) "Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(E) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture in this state.
(F) "Bid" means a written or oral proposal by an exhibitor to a distributor, which proposal is in response to an invitation to bid or negotiate and states the terms under which the exhibitor will agree to exhibit a motion picture in this state.
(G) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state.
(H) "Trade screening" means the showing of a motion picture by a distributor in one of the five municipal corporations within this state having the largest population, which showing is open to any exhibitor interested in exhibiting the motion picture.
(I) "Blind bidding" means bidding, negotiating, offering terms, accepting a bid, or agreeing to terms for the purpose of entering into a license agreement prior to a trade screening of the motion picture that is the subject of the agreement.
(J) "Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" means the initial exhibition of a motion picture in a designated geographic area for a specified period of time. A "subsequent run" means any continuous exhibition of a motion picture in a designated geographic area for a specified period of time after the first run.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.06 | Prohibited Acts - Effect on License Agreements.

Effective:
October 23, 1978
Latest Legislation:
House Bill 806 - 112th General Assembly
(A) No distributor shall engage in blind bidding.
(B) No distributor shall condition the granting or execution of a license agreement on a guarantee of a minimum payment to the distributor, if the exhibitor is required by the license agreement to make any payment to the distributor that is based on the attendance or the box office receipts at a theater at which the motion picture is exhibited.
(C) No distributor shall condition the granting or execution of a license agreement on the exhibitor's advancing, more than fourteen days prior to his first exhibition of a motion picture, any money that is to be used as security for the exhibitor's performance of the license agreement or is to be applied to any payments that the exhibitor is required by the agreement to make to the distributor.
(D) Any provision of a license agreement that waives any of the prohibitions of, or fails to comply with, this section or section 1333.07 of the Revised Code is void and unenforceable. Any license agreement that fails to comply with this section and section 1333.07 of the Revised Code is voidable by the exhibitor, if the exhibitor gives the distributor written notice, prior to the exhibitor's first exhibition of the motion picture that is the subject of the agreement, of his intent to have the agreement voided.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.07 | Invitations to Bid.

Effective:
October 23, 1978
Latest Legislation:
House Bill 806 - 112th General Assembly
(A) If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall specify:
(1) The number and length of runs to which the invitation to bid applies;
(2) Whether the invitation to bid applies to a first or subsequent run;
(3) The geographic area for each run;
(4) The names of all exhibitors who are being given an invitation to bid;
(5) The date, hour, and location at which the bid is required to be made;
(6) The name and address of the location where the bids will be opened, which location shall be within this state.
(B) If the motion picture that is the subject of a bid has not already been trade screened within this state, the distributor soliciting the bid shall include in the invitation to bid the date, time, and location of the trade screening of the motion picture that is the subject of the invitation to bid.
(C) Every distributor shall furnish to all exhibitors in this state reasonable and uniform notice of all trade screenings that are held within this state of motion pictures that he is distributing.
(D) All bids shall be submitted to the distributor in written form. The distributor or his agent shall open all bids at the same time and in the presence of at least one of the exhibitors, or the agent of an exhibitor, who has submitted a bid.
(E) Any exhibitor, or the agent of an exhibitor, who submits a bid for a particular run of a motion picture may, at reasonable times within sixty days after the bid is opened, examine any bid that is made for the same run of the motion picture by another exhibitor. The exhibitor may inspect the bids even if the distributor rejects all bids that are submitted. Within seven business days after a bid for a particular run of a motion picture is accepted, the distributor shall notify in writing each exhibitor who submitted a bid for that run of the motion picture of the terms of the accepted bid and the identity of the successful bidder. Any bid submitted is nonreturnable.
(F) If a distributor issues invitations to bid for a motion picture, he shall not enter into a license agreement for the exhibition of the motion picture except by means of the bidding process specified in this section. If the distributor rejects all bids submitted pursuant to an invitation to bid, he shall notify all exhibitors who submitted bids that he rejected all bids and shall issue a new invitation to bid.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.12 | Selling at Less Than Cost.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 40 - 134th General Assembly
No retailer shall, with intent to injure competitors, destroy substantially or lessen competition, advertise, offer to sell, or sell at retail cigarettes at less than cost to the retailer.
No wholesaler shall recklessly, with intent to injure competitors or destroy substantially or lessen competition, advertise, offer to sell, or sell at wholesale cigarettes at less than cost to the wholesaler, unless the lower cost has been approved by the tax commissioner pursuant to division (C) of section 1333.11 of the Revised Code.
Evidence of advertisement, offering to sell, or sale of cigarettes by any retailer or wholesaler at less than cost to the wholesaler or retailer, is prima-facie evidence of intent to injure competitors or destroy substantially or lessen competition.
Last updated July 9, 2021 at 4:20 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.13 | Wholesaler-to-Wholesaler Sales.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 40 - 134th General Assembly
When one wholesaler sells cigarettes to another wholesaler, the selling wholesaler shall not be required to include in the selling price the cost to the wholesaler who is the seller, as defined in division (C) of section 1333.11 of the Revised Code. Upon resale to a retailer, the purchasing wholesaler shall be deemed to be the wholesaler and shall be governed by division (C) of section 1333.11 of the Revised Code.
Last updated July 12, 2021 at 4:50 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.14 | Type of Sales Excepted.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 40 - 134th General Assembly
Sections 1333.11 to 1333.21, inclusive, of the Revised Code do not apply to sales at retail or sales at wholesale made in any of the following circumstances, provided prior approval of the tax commissioner is obtained:
(A) In an isolated transaction and not in the usual course of business;
(B) Where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes, and said advertising, offer to sell, or sale states the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(C) Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged and said advertising, offer to sell, or sale states the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(D) Where cigarettes are sold upon the complete final liquidation of a business;
(E) Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
Last updated July 9, 2021 at 4:21 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.15 | Competitive Prices.

Effective:
September 30, 2021
Latest Legislation:
Senate Bill 40 - 134th General Assembly
Any retailer or wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the prices of a competitor who is selling the same article at cost to the competitor as a wholesaler or retailer. A wholesaler may meet the price of a competitor that is less than the cost to the wholesaler only if the competitor's lower cost has been approved by the tax commissioner pursuant to division (C) of section 1333.11 of the Revised Code. The prices of cigarettes advertised, offered for sale, or sold under the exemptions specified in section 1333.14 of the Revised Code shall not be considered the price of a competitor and used as a basis for establishing prices below cost, nor shall prices established at bankrupt sales be considered as prices of a competitor under this section.
Last updated July 9, 2021 at 4:21 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.16 | Void Contract.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any contract, express or implied, made by any person in violation of sections 1333.11 to 1333.21, inclusive, of the Revised Code is void and no recovery thereon shall be had.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.17 | Determining Cost to Retailer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A court in determining cost to the retailer and cost to the wholesaler shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person complained against under sections 1333.11 to 1333.21, inclusive, of the Revised Code purchased cigarettes, with respect to the sale of which complaint is made, at a fictitious price, or upon terms, or in such a manner, or under such invoices as to conceal the true cost, discounts, or terms of purchase, and shall also receive and consider as bearing on the bona fides of such cost, evidence of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.18 | How Cost Established.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of said cigarettes purchased at a forced, bankrupt, close-out, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or wholesaler within thirty days prior to the date of sale, in the quantity last purchased through the ordinary channels of trade.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.19 | Cost Survey as Evidence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Where the particular trade, of which the person complained against is a member, has an established cost survey for the trading area in which the offense under section 1333.12 of the Revised Code is committed, that cost survey is competent evidence to be used in proving the cost of the person complained against.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.20 | Action to Enjoin Violation - Damages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person injured by any violation of sections 1333.11 to 1333.21, inclusive, of the Revised Code, or any trade association which is representative of such injured person, may maintain an action to prevent, restrain, or enjoin such violation. If in such action a violation is established, the court shall enjoin and restrain or otherwise prohibit such violation and in addition shall assess in favor of the plaintiff and against the defendant the costs of the suit. In such action it is not necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved the plaintiff in such action, in addition to such injunctive relief and costs of suit, may recover from the defendant the amount of actual damages sustained by the plaintiff.
In the event no injunctive relief is sought or required, any person injured by a violation of such sections may maintain an action for damages alone and the measure of damages in such action shall be the same as prescribed in this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.21 | Revocation or Suspension of Cigarette License.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The department of taxation, through the tax commissioner, shall administer and enforce sections 1333.11 to 1333.20, inclusive, of the Revised Code. The tax commissioner, pursuant to sections 119.01 to 119.13, inclusive, of the Revised Code may adopt, amend, and repeal rules and regulations necessary to enforce and administer sections 1333.11 to 1333.20, inclusive, of the Revised Code. Upon notice and hearing in accordance with sections 119.01 to 119.13, inclusive, of the Revised Code, the tax commissioner may suspend or revoke any wholesale or retail cigarette license for the violation of, or the failure of the licensee to comply with, said sections. A certified copy of the order suspending or revoking said license shall be transmitted by the tax commissioner to the county auditor of the county in which the license was issued.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.211 | Surrender of License Upon Receipt of Notice of Suspension or Revocation.

Effective:
October 2, 1953
Latest Legislation:
House Bill 509 - 100th General Assembly
After a wholesale or retail cigarette license has been suspended or revoked, the tax commissioner shall forthwith send by registered mail a certified copy of the order of suspension or revocation to the licensee, addressed to the licensee at the premise or premises stated in such license. The licensee, upon receiving such notice of suspension or revocation, shall forthwith surrender the license to the county auditor of the county in which the license was issued.
A certified copy of the order suspending or revoking said license shall also be transmitted forthwith by the tax commissioner to the county auditor who shall make written demand upon the licensee to surrender his cigarette license to the county auditor, and upon receipt of such written demand the licensee shall immediately surrender the license to the county auditor. Upon the receipt of the order of the tax commissioner and the mailing by the auditor of the written demand made upon the licensee to surrender the license, the licensee shall be deemed to be engaged in the wholesale or retail business of trafficking in cigarettes without a license therefore as required by section 5743.14 of the Revised Code and shall be subject to the provisions of section 5743.19 and division (A) of section 5743.99 of the Revised Code.
In the event that the license is suspended the county auditor shall retain the license in his possession until the termination of the period of suspension when the license shall forthwith be returned to the licensee. During the period of suspension the county auditor shall not issue a new license to the licensee and any license issued to the licensee during said period shall be void.
No license shall be issued by the county auditor to a person, whose license has been revoked by the tax commissioner, for a period of one year following such revocation and such person shall not be eligible to apply for a new license for a period of one year following the order of revocation.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.22 | Dry Cleaner's Lien - Disposition of Unclaimed Articles.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
Any garment, clothing, wearing apparel, or household goods that remain for one hundred twenty days or more in the possession of a person and on which cleaning, pressing, glazing, or washing has been done, alterations or repairs have been made, or materials or supplies have been used or furnished may be sold by that person to pay the reasonable or agreed charges for the services or labor and the costs of notifying the owner of the garment, clothing, wearing apparel, or household goods as described in this section and in section 1333.24 of the Revised Code or may be given away or otherwise disposed of by that person. The person to whom the charges are owed shall notify the owner of the garment, clothing, wearing apparel, or household goods of the time and place of the proposed sale or other disposition of it in accordance with section 1333.24 of the Revised Code, except that, if the garment, clothing, wearing apparel, or household goods remain for one hundred eighty days or more in the possession of the person, the person may sell them, give them away, or otherwise dispose of them without giving prior notice pursuant to that section. This section does not apply to property that is to be placed in storage after the performance of any of the services or labor described in this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.23 | Disposition of Cleaned Articles Left in Storage Without Charges Paid.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
Any garment, clothing, wearing apparel, or household goods that are placed in storage and that remain in the possession of a person without the reasonable or agreed charges for the storage having been paid for twelve months, and any garment, clothing, wearing apparel, or household goods on which any of the services or labor described in section 1333.22 of the Revised Code have been performed, that subsequently have been placed in storage by agreement and that remain in the possession of a person without the reasonable or agreed charges for the services, labor, and storage having been paid for twelve months may be sold by that person to pay those charges and the costs of notifying the owner of the garment, clothing, wearing apparel, or household goods as described in this section and in section 1333.24 of the Revised Code or may be given away or otherwise disposed of by that person if the person cannot sell the garment, clothing, wearing apparel, or household goods. The person to whom the charges are owed shall notify the owner of the garment, clothing, wearing apparel, or household goods of the time and place of the proposed sale or other disposition of it in accordance with section 1333.24 of the Revised Code. This section does not apply to a person operating as a warehouse as defined in section 1307.102 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.231 | Receipts to Be Issued.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
Any person who provides any of the services described in section 1333.22 or 1333.23 of the Revised Code shall provide the owner a receipt at the time the person receives the garment, clothing, wearing apparel, or household goods from the owner. The person shall make a good faith effort to include the number of items he receives and the owner's name and either the owner's telephone number or his mailing address, including zip code, as part of the receipt required by this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.24 | Notice or Publication of Proposed Sale of Articles.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
The mailing by certified mail, return receipt requested, of a letter that states the time and place of a proposed sale or other disposition of any garment, clothing, wearing apparel, or household goods and that is addressed to the owner of the garment, clothing, wearing apparel, or household goods at his mailing address given at the time of its delivery as required by section 1333.231 of the Revised Code to the person described in section 1333.22 or 1333.23 of the Revised Code for the performance of services or labor or for storage constitutes sufficient notice under those sections if the time requirement of this section is satisfied. If the mailing address of the owner was not given at that time or was given at that time and is inaccurate or incomplete and cannot be ascertained by a reasonable effort, the publication in a newspaper of general circulation within the county of a notice that states the time and place of the proposed sale or other disposition of the owner's garment, clothing, wearing apparel, or household goods constitutes sufficient notice under section 1333.22 or 1333.23 of the Revised Code if the time requirement of this section is satisfied. The person shall publish the notice, cause the notice to be published, or mail the letter described in this section at least thirty days before the date of the proposed sale or other disposition, and, if the proposed sale or other disposition is pursuant to section 1333.22 of the Revised Code, the person shall publish the notice, cause the notice to be published, or mail the letter not earlier than ninety days after the garment, clothing, wearing apparel, or household goods were delivered to the person.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.25 | Charges Deducted From Proceeds - Disposition of Surplus.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
The person to whom charges are owed for services, labor, or storage described in sections 1333.22 and 1333.23 of the Revised Code shall do all of the following:
(A) Deduct from the proceeds of a sale the charges owed plus the costs of notifying the owner of the garment, clothing, wearing apparel, or household goods under sections 1333.22 to 1333.24 of the Revised Code;
(B) Hold any surplus arising from the sale subject to the order of the owner;
(C) Immediately after the sale, mail by ordinary mail to the owner at his mailing address, if that address was given at the time the person received the garment, clothing, wearing apparel, or household goods from the owner and is accurate and complete or can be ascertained by reasonable effort, a notice of the sale and of the amount of any surplus due him;
(D) At any time within twelve months after the mailing of that notice, upon demand by the owner, pay to the owner the amount of any surplus due him.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.26 | Notices to Be Posted.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
All persons taking advantage of sections 1333.22 to 1333.28 of the Revised Code shall keep posted in a prominent place in their receiving office at all times two notices that shall read substantially as follows:
(A) "All articles that are cleaned, pressed, glazed, washed, altered, or repaired and that are not called for in one hundred twenty days will be sold to pay the requisite charges and certain notification expenses, given away, or otherwise disposed of. If the articles are not called for in one hundred eighty days, no notice will be given regarding the disposition of the articles."
(B) "All articles that are stored by agreement and on which the requisite charges have not been paid for twelve months will be sold to pay the charges and certain notification expenses, given away, or otherwise disposed of."
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.27 | Civil Action for Unpaid Charges.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
Nothing in sections 1333.22 to 1333.28 of the Revised Code prohibits any person from commencing a civil action to collect unpaid charges for services, labor, or storage described in section 1333.22 or 1333.23 of the Revised Code from the owner of any garment, clothing, wearing apparel, or household goods who is responsible for the unpaid charges, except that the proceeds of any sale conducted pursuant to sections 1333.22 to 1333.25 of the Revised Code, after deduction of the notification costs described in those sections, shall be credited against the unpaid charges. If a sale of that type is conducted prior to entry of a judgment in a civil action of that type, the court shall enter a judgment only for the balance of the unpaid charges after crediting the proceeds of the sale in the manner described in this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.28 | Immunity.

Effective:
July 22, 1994
Latest Legislation:
House Bill 530 - 120th General Assembly
A person who sells, gives away, or otherwise disposes of any garment, clothing, wearing apparel, or household goods or causes any garment, clothing, wearing apparel, or household goods to be sold, given away, or otherwise disposed of in accordance with sections 1333.22 to 1333.28 of the Revised Code is not liable in damages in a civil action to any person for any injury, death, or loss to person or property allegedly arising from the sale, giving away, or other disposal.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.29 | Molder's Lien Definitions.

Effective:
September 25, 1985
Latest Legislation:
House Bill 164 - 116th General Assembly
As used in sections 1333.29 to 1333.31 of the Revised Code:
(A) "Molder" means any person, including, but not limited to, a tool or die maker, who does either of the following:
(1) Fabricates, casts, or otherwise makes, or improves, a die, mold, pattern, or form to produce plastic, metal, paper, china, ceramic, glass, or rubber products;
(2) Uses a die, mold, pattern, or form to manufacture, assemble, or otherwise make a plastic, metal, paper, china, ceramic, glass, or rubber product.
(B) "Customer" means any person who does either of the following:
(1) Engages a molder to fabricate, cast, or otherwise make, or to improve, a die, mold, pattern, or form;
(2) Engages a person to use a die, mold, pattern, or form to manufacture, assemble, or otherwise make a plastic, metal, paper, china, ceramic, glass, or rubber product.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.30 | Molder's Right to Destroy Die, Mold, Pattern or Form of Customer After Three Years.

Effective:
September 25, 1985
Latest Legislation:
House Bill 164 - 116th General Assembly
If a customer does not take possession of a die, mold, pattern, or form located in this state within three years of the date it was last used, and no agreement in writing between the customer and the molder is made to the contrary, all of the customer's rights and title to, and interest in the die, mold, pattern, or form may be transferred to the molder for the purpose of destroying such die, mold, pattern, or form. In order to effect a transfer, a molder shall send notice by certified mail, return receipt requested, to the customer at the address, if any, indicated in the agreement pursuant to which the molder gained possession of the die, mold, pattern, or form, and to the customer's last known address indicating the molder's intention to transfer all of the customer's rights and title to, and interest in a die, mold, pattern, or form. All of a customer's rights and title to, and interest in a die, mold, pattern, or form shall transfer to the molder unless within a period of one hundred twenty days of the date the molder receives a completed return receipt or a report of nondelivery of the notice, the customer takes possession of or arranges with the molder to take possession of or store the die, mold, pattern, or form. Subsequent to such period and consistent with federal patent and copyright law, and any applicable state or federal law pertaining to unfair competition, a molder may destroy a die, mold, pattern, or form.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.32 | Definitions - Moldbuilder' Lien.

Effective:
June 9, 2004
Latest Legislation:
House Bill 427 - 125th General Assembly
For purposes of sections 1333.32 to 1333.34 of the Revised Code, all of the following apply:
(A) "Customer" means a person that causes a moldbuilder to fabricate, cut, cast, or design molds.
(B) "Mold" means molds, dies, forms, tools, and parts, for the plastic industry or for the metal forming industry.
(C) "Moldbuilder" means a person, including but not limited to, a model maker, patternmaker, die maker, jig and fixture builder, die sinker, mold designer, mold programmer, and mold engineer, that fabricates, cuts, casts, or designs molds for the plastic industry or for the metal forming industry. "Moldbuilder" does not include a person described in division (A)(2) of section 1333.29 of the Revised Code, unless the person also engages in the activities described in this division.
(D) "Molder" has the same definition as in division (A) of section 1333.29 of the Revised Code, but does not include a moldbuilder.
(E) "Person" means an individual, firm, partnership, association, corporation, limited liability company, or other legal entity.