Ohio § 4109.21

§ 4109.21.

(A) No employer shall employ any minor who is under sixteen years of age in any door-to-door

sales activity unless that employer is registered pursuant to this section and otherwise

is in compliance with the requirements of this chapter. (B) To obtain registration as a door-to-door employer, an employer shall apply to the

director of commerce, on forms provided by the director.  The application form shall include all of the following: (1) The name, principal business address, and telephone number of the applicant.  If the applicant is a partnership or association, the names of all the members also

shall be stated and, if the applicant is a corporation, the names of its president

and each of its officers also shall be stated. (2) A certification that the applicant and its employees: (a) Are in compliance with and will comply with all applicable Ohio and federal laws

and regulations relating to the employment of minors; (b) Will provide at least one supervisor who is over the age of eighteen, for each six

minor employees, who is at all times available and responsible for assuring the minor's

well-being, and who remains in the general area and in visual contact with each minor

employed in door-to-door sales activities at least once every twenty minutes; (c) Will require all minors to work at least in pairs with others who are engaged in

substantially the same activity, employing insofar as possible canvassing techniques

that keep the persons working in pairs in close proximity and view of each other; (d) Are in compliance with Ohio's motor vehicle financial responsibility, workers' compensation,

unemployment compensation, and all other applicable laws;  and (e) Will not employ any minor who does not have an appropriate age and schooling certificate

if that minor is required by Ohio law to have the certificate to be employed. (3) A certification, as evidenced by a current official inspection sticker issued by

the Ohio state highway patrol, that each motor vehicle used by the applicant and the

applicant's employees for the purpose of transport of minors for door-to-door sales

activities complies with all applicable motor vehicle safety laws; (4) A certification that any person who transports by motor vehicle minors for purposes

of door-to-door sales activities possesses a valid and properly issued Ohio motor

vehicle driver's license, which license is not under suspension. (C)(1) The director shall issue a registration to each applicant who satisfactorily submits

an application pursuant to this section and otherwise meets all of the requirements

of this section.  If the director fails to issue or deny a registration or its renewal within fifteen

days of submission of the application or renewal, the applicant is deemed registered

under this section.  Each registration expires one year after its issuance.  To obtain a renewal of registration, the holder of the registration shall apply

for renewal to the director according to the procedures of division (B) of this section

for the initial issuance of the registration. (2) Each employer issued a registration pursuant to this section shall provide each minor

employee who is engaged in door-to-door sales, prior to beginning employment with

the employer, an identification card in a form prescribed by the director.  The card shall include, at a minimum, a picture of the minor employee, the minor

employee's name, the name and address of the employer, a statement that the employer

is registered with the director of commerce, and the employer's registration number. (D) The director, pursuant to a hearing conducted in accordance with Chapter 119. of

the Revised Code, may refuse to issue or renew a door-to-door sales registration or

revoke a door-to-door sales registration if the director determines that the applicant,

registrant, any member of an applicant's or registrant's partnership or association,

or any officer or employee of an applicant or registrant has done any of the following: (1) Obtained or attempted to obtain a registration by fraud or misrepresentation; (2) Been guilty of gross misconduct in the pursuit of the door-to-door sales profession; (3) Violated or is threatening to violate any provision of this or any other state or

federal law or regulation which regulates the employment of minors. (E) No employer whose registration has been revoked under this section may apply for

registration for two years from the date of the revocation.  The director may require such employer upon application for a registration to meet

conditions in addition to those provided in this section for registration and renewal

as the director determines necessary to safeguard the interests of minors to be employed

by the employer. (F) No employer may employ: (1) Any minor who is under sixteen years of age in any door-to-door sales activity before

seven a.m. or after seven p.m. or during school hours except where specifically permitted

by this chapter; (2) Any minor who is sixteen or seventeen years of age in any door-to-door sales activity

before seven a.m. or after eight p.m. or during school hours except where specifically

permitted by this chapter. (G) As used in this section, “ door-to-door sales activity ” means any activity involving selling or offering to sell any candy, cookies, flowers,

newspapers, magazines, newspaper or magazine subscriptions, household cleaning products,

or any other merchandise or commodity at a place of business other than the employer's

place of business but does not mean any such activity conducted in connection with

a bona fide educational, charitable, or religious activity or for a newspaper subscription

drive provided that the minor also is engaged in the delivery of newspapers to the

consumer for the newspaper in which the subscription drive is conducted and further

provided that the subscription drive is supervised by an individual who is eighteen

years of age or older and an employee of the newspaper's subscription drive.