Hamilton County Sheriff

Transient Vendor Filing and Bond with the County Sheriff

This is a filing and bonding duty owed to the county sheriff rather than a license, and its exemptions are so wide that most businesses reading this page are outside it. ORC 311.37(A) applies to a transient vendor holding a state transient vendor's license under ORC 5739.17 'intending to provide goods and services of a retail value of more than five hundred dollars', and requires that vendor to file with the county sheriff, before doing business anywhere in that county, proof of identity and of the transient vendor's license, a statement describing the goods or services with an estimate documented by invoices showing wholesale value, a permanent business address, and the times, days and temporary places of business planned in the county. The bond follows within ten days before doing business, at fifty per cent of wholesale value capped at ten thousand dollars, and it stands in favour of the state for the benefit of anyone suffering loss and may be drawn on for unpaid sales tax. Division (E) then removes most of the field: a vendor making retail sales 'at a temporary exhibition, show, fair, world trade center, flea market, or similar event' is exempt, as are non-profit and charitable organisations, 'any person who operates a permanent business in this state, occupies temporary premises, and prominently displays the permanent business' name and permanent address while business is conducted from the temporary premises', sellers by sample, brochure or catalog for future delivery, and sellers of handmade items or fresh farm produce. A food truck is outside the section from the start, because ORC 5739.17(C) makes each vehicle a place of business for the regular county vendor's license. What is left is a narrow class of itinerant sellers of higher-value goods, which is why this record carries the statutory duty and the bond formula rather than a fee. ORC 5739.17(F) puts a parallel duty on event organisers, who must keep a record of every transient vendor present, with name, permanent address, vendor's license number and type of goods, for four years.