Chapter 1711 | Agricultural Corporations; Amusement Rides

Section 1711.01 | County agricultural societies.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) A county agricultural society is created when both of the following occur:

(1) Thirty or more persons who are residents of the same county adopt a constitution and bylaws governing the society.

(2) The residents described in division (A) of this section elect a board of directors in accordance with section 1711.08 of the Revised Code.

(B) A county agricultural society created under this section shall operate in accordance with this chapter and the rules adopted by the director of agriculture.

(C) A county agricultural society shall consist solely of members who are residents of the county in which the society is organized.

(D)(1) A member of a county agricultural society shall pay an annual membership fee in an amount fixed by each society or its board of directors. The member shall pay the fee to the society's secretary or treasurer as the society's bylaws direct.

(2) A county agricultural society shall issue a printed certificate of membership to each member who pays the required fee. The society shall issue the certificates from a book in which duplicate stubs of the certificates are properly filled out. The society shall keep each stub for not less than five years after the date on which the corresponding certificate is issued. The society shall ensure that all certificates are numbered consecutively.

(E) No person shall pay for or secure more than one membership. No person shall secure a membership for any other person.

(F) A society shall keep a list of the members of the society in the office of the society secretary. The society shall make the list available for public inspection upon request.

(G)(1) The county auditor of the county in which a county agricultural society has been created shall request the county treasurer to transfer sixteen hundred dollars to the society each year. The county treasurer shall transfer the money if all of the following have occurred:

(a) The society has held an annual exhibition in accordance with sections 1711.04 and 1711.05 of the Revised Code.

(b) The society has made a report to the director of agriculture in accordance with section 1711.06 of the Revised Code.

(c) The director of agriculture presents a certificate to the county auditor indicating that the society has complied with the applicable laws of this state and the applicable rules adopted by the director.

(2) The county auditor shall not transfer an amount under division (C)(1) of this section that exceeds the amount paid in regular class premiums by the county agricultural society under section 1711.04 of the Revised Code.

Section 1711.02 | Independent agricultural societies.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) An independent agricultural society is created if both of the following occur:

(1) Thirty or more persons of the same county, or of not more than three contiguous counties, adopt a constitution and bylaws governing the society.

(2) The persons described in division (A)(1) of this section elect a board of directors in accordance with section 1711.08 of the Revised Code.

(B) An independent agricultural society created under division (A) of this section shall operate in accordance with this chapter and applicable rules adopted by the director of agriculture.

(C)(1) For purposes of division (C)(2) of this section, "appropriate amount" means the share of the sum of sixteen hundred dollars, calculated in proportion to the populations of the respective counties according to the last federal census before the annual payment is made, but not exceeding the amount paid in regular class premiums. If the independent agricultural society is located in only one county, the appropriate amount is the amount paid in regular class premiums not exceeding sixteen hundred dollars.

(2) The auditor of a county in which an independent agricultural society is located annually shall request the county treasurer to transfer the appropriate amount to the independent agricultural society and the treasurer shall so transfer such money if all of the following have occurred:

(a) The society has held an annual exhibition in accordance with sections 1711.04 and 1711.05 of the Revised Code.

(b) The society has made a report to the director of agriculture in accordance with section 1711.06 of the Revised Code.

(c) The director of agriculture presents a certificate to the county auditor indicating that the society has complied with the laws of this state and the rules adopted by the director.

Section 1711.03 | Reimbursement to agricultural societies for junior club work.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A)(1) The board of county commissioners of a county, in which a county or independent agricultural society is located that receives state or county aid, annually shall appropriate an amount determined by the board for the society's junior club. The board shall ensure that the amount appropriated is at least one hundred dollars. The board shall certify the amount appropriated to the county auditor.

(2) The county auditor shall request the county treasurer to pay the certified amount to the appropriate county or independent agricultural society. Upon receipt of the request, the county treasurer shall pay the requested amount to the society.

(B)(1) In any county in which there is no agricultural society that is then receiving state or county aid, the board of county commissioners of the county annually may appropriate to any society, either county or independent, located in an adjoining county, an amount of money for the purpose of encouraging junior club work in the county having no society. The board shall certify the amount appropriated to the county auditor.

(2) The county auditor shall request the county treasurer to pay the certified amount to the appropriate county or independent agricultural society. Upon receipt of the request, the county treasurer shall pay the requested amount to the society.

Section 1711.04 | Premiums.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

Every society formed under sections 1711.01 and 1711.02 of the Revised Code shall annually offer and award premiums for the improvement of grains, fruits, vegetables, livestock, articles of domestic industry, public school displays, and such other articles, productions, and improvements as it deems proper, and may perform any acts best calculated to promote the agricultural interests and household manufacturing interests of the counties concerned and of the state. It shall regulate the amount of premiums, and their different grades, so that all may have an opportunity to compete for them.

Persons offering to compete for premiums on improved methods of production of crops or other articles shall, before such a premium is adjudged, deliver to the awarding committee, if required to do so by such committee, a full and correct statement of the process, expense, and value of the method of production, with a view to showing accurately the profits derived or expected to be derived therefrom.

Section 1711.05 | Annual financial report and report of proceedings.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

Every county agricultural society annually shall do all of the following:

(A) Make a report of its proceedings during the year;

(B) File a financial report, in accordance with section 117.38 of the Revised Code and forward it to the director of agriculture at or before the annual meeting of the directors of the society with the director of agriculture, as provided for in section 1711.06 of the Revised Code. No payment after such date shall be made from the county treasury to such society unless a certificate from the director is presented to the county auditor showing that the report has been made;

(C) Publish an announcement in either a newspaper of general circulation in the county or on the society's web site for not less than two weeks that contains all of the following:

(1) A statement indicating that the annual financial report has been filed in accordance with division (B) of this section;

(2) A statement indicating that any person who wishes to obtain a copy of the report may contact the treasurer of the society;

(3) The treasurer of the society's contact information that a person may use to obtain a copy of the report.

Section 1711.06 | Director's annual meeting with county societies.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) Prior to the first day of December of each year, the director of agriculture shall set a date in January of the following year, on which the director shall meet with the presidents or other authorized delegates of agricultural societies which conduct fairs in compliance with this chapter and regulations of the department of agriculture. At such meeting the director shall consult with such presidents and delegates about the wants, prospects, and conditions of agricultural societies throughout the state.

(B) Each society shall prepare and deliver an annual report to the director at or before each meeting required by division (A) of this section.

(C) The director shall do both of the following:

(1) Notify the president and the secretary of each society of the date of the annual meeting at least thirty days prior to the meeting;

(2) Adopt rules in accordance with Chapter 119. of the Revised Code that provide for both of the following:

(a) A uniform method for the election of the directors and officers of all agricultural societies that receive any support out of the state or county treasuries, except the date for holding the election;

(b) Any other rules that the director determines are necessary to carry out this chapter.

(D) Except for section 1711.11 of the Revised Code, references made in this chapter to rules adopted by the director mean rules adopted under division (C) of this section.

Section 1711.07 | Board of directors of county or independent agricultural society.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) The board of directors of a county or independent agricultural society shall consist of at least eight members. An employee of the OSU extension shall serve with the board as a nonvoting member. The director of agriculture shall determine the terms of office for members of the board in accordance with rules adopted by the director of agriculture.

(B) The board may fill any vacancy on the board caused by death, resignation, refusal to qualify, removal from county, or other cause until the society's next annual election. At that election, a new director shall be elected for the unexpired term.

(C)(1) There shall be an annual election of directors by ballot at a time and a place fixed by the board. The election shall be held by the fifteenth day of November each year.

(2) The secretary of the society shall give notice of the election, for three weeks prior to the election, by doing one of the following:

(a) Publishing the notice in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code;

(b) Mailing the notice to each member of the society;

(c) Publishing the notice on the society's web site.

(D) Only the following persons may vote in an election held in accordance with this section:

(1) Those who hold membership certificates at the close of the annual county fair, or at least fifteen calendar days before the date of election, as may be fixed by the board;

(2) Those who hold membership certificates on the date and hour of the election if the election is held on the fairground during the fair. When the election is to be held during the fair, notice of the election also shall be prominently mentioned in the premium list.

(E) The terms of office of the retiring directors shall expire, and those of the directors-elect shall begin, not later than the thirtieth day of November each year.

(F) The secretary of the society shall send, within ten days after the election, both of the following to the director:

(1) The name and address of each member of its board;

(2) A copy of the document containing the member's signature verifying that the member voted in the election.

(G) A candidate for director shall not count or record votes in any election conducted in accordance with this section.

Section 1711.071 | Agricultural society treasurer's duties.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

The treasurer of a county or independent agricultural society, or a person under the supervision of the treasurer, shall collect, account for, record, deposit, and disburse all funds of the society.

Section 1711.08 | Election of officers.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) The board of directors of a county or independent agricultural society shall annually meet not later than the thirtieth day of November. At such meeting, the board shall elect a president, a vice-president, a treasurer, a secretary, and such other officers as it may deem proper.

(B) The president, the vice-president, and the treasurer shall serve one year, and the secretary not more than three years as the board may determine, and until their successors are elected and qualified. The president and the vice-president shall be directors. The secretary and the treasurer may be directors. Before election of officers the newly elected directors shall qualify by taking oath or affirmation before a competent authority, and in electing officers the board shall conform to the rules adopted by the director of agriculture.

Section 1711.081 | Eligibility for public office.

• Effective: September 3, 1997
• Latest Legislation: House Bill 117 - 122nd General Assembly

The positions of members of the board of directors, officers, and employees of a county or independent agricultural society are not public offices, and persons holding those positions are eligible to hold any public office except for the office of county commissioner.

Section 1711.09 | Forbidden activities.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) Except as otherwise provided in this section, county agricultural societies, independent agricultural societies, and the Ohio expositions commission shall not permit during any fair, or for one week before or three days after any fair, any dealing in spirituous liquors, or at any time allow or tolerate immoral shows, lottery devices, games of chance, or gambling of any kind, including pool selling and paddle wheels, anywhere on the fairground.

(B) A county or independent agricultural society or the Ohio expositions commission shall not permit a person at any time to operate any side show, amusement, game, or device, or offer for sale any novelty by auction or solicitation, on the fairground who has not first obtained from the director of agriculture a license under section 1711.11 of the Revised Code.

(C) This section does not prohibit the sale of lottery tickets by the state lottery commission pursuant to Chapter 3770. of the Revised Code at the state fairground during the state fair. In addition, a county or independent agricultural society may permit, at any time except during a fair or for one week before or three days after a fair, a charitable organization to conduct in accordance with Chapter 2915. of the Revised Code games of chance or bingo on the fairground of any county. A charitable organization may lease all or part of the fairground from the agricultural society for that purpose.

(D) Any sales of intoxicating liquor transacted on the fairground is subject to Chapters 4301., 4303., and 4399. of the Revised Code.

Section 1711.091 | Sale of seasonal tickets, fundraisers.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) Any member of a county or independent agricultural society may sell seasonal tickets or passes for the society's annual exhibition. The sale of such tickets or passes need not be conducted on the premises of the fairgrounds.

(B) Any person may sell tickets for fundraisers held by a county or independent agricultural society, or for the benefit of the society, during the society's annual exhibition.

(C) The treasurer of the society shall deposit any funds generated from ticket sales under this section in an appropriate fund used by or for the benefit of the society.

Section 1711.10 | Aid of state withheld.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

If it is shown from the report of any county agricultural society, from witnesses, or otherwise that the annual exhibition held by such society was not conducted along moral or agricultural lines or was not of sufficient educational value to justify the expenditure of funds as provided by section 1711.01 of the Revised Code, the certificate for such financial aid may be withheld by the director of agriculture.

Section 1711.11 | License required to operate certain concessions - inspectors.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) No person shall operate any concession at any fair or exposition conducted by a county or independent agricultural society or by the Ohio expositions commission without first obtaining from the director of agriculture a license to do so under division (B) of this section, nor shall any officer, agent, or employee of a county or independent agricultural society or of the Ohio expositions commission grant a privilege or concession to any person to do so, unless the person holds a license.

For the purposes of this section, "concession" means any show, amusement other than an amusement ride as defined in section 993.01 of the Revised Code, game, or novelty stand operation at a fair or exposition, but does not include food or drink operations.

(B) The director shall issue a license only upon a written application containing a detailed description of the concession. The director shall prepare and furnish blank applications for licenses.

(C) The director shall not issue a license until the applicant has paid a fee of seventy dollars to the director. However, the director shall not collect a fee from a nonprofit organization that is recorded as such by the secretary of state or with the internal revenue service. The director shall pay the fee into the state treasury to the credit of the amusement ride inspection fund established by section 993.04 of the Revised Code.

(D) The director shall include on a license issued under this section a detailed description of the concession licensed. A license expires on the thirty-first day of December following the date of issue. A licensee shall keep the license in a conspicuous place where the licensee's concession is in operation.

(E)(1) The director shall employ and provide training for a chief inspector and additional inspectors and employees as necessary to administer and enforce this section. The director may appoint or contract with other persons to perform inspections of concessions, provided that the persons meet the qualifications for inspectors established by rules adopted under division (G) of this section and are not owners or employees of owners of any concession subject to inspection under this section. No person shall inspect a concession who, within six months prior to the date of inspection, was an employee of the owner of the concession.

(2) Before the director contracts with other persons to inspect concessions, the director shall seek the advice of the advisory council on amusement ride safety on whether to contract with those persons. The advice is not binding upon the director. After receiving the advice of the council, the director may proceed to contract for amusement ride inspectors and award the contract to the lowest responsive and responsible bidder in accordance with section 9.312 of the Revised Code. In order to determine the lowest responsive and responsible bid, the director, with the advice of the council, shall adopt rules governing the terms of the contract between the department of agriculture and the inspector. The rules shall prescribe the training and work experience required of an inspector, any insurance or bonds required of an inspector, and all the services the inspector will be required to perform on behalf of the department in an efficient professional manner.

(F) This section does not require the officers of any county or independent agricultural society or of the Ohio expositions commission to grant any privilege or concession to any licensee.

(G) The director shall enforce this section and, in accordance with Chapter 119. of the Revised Code, adopt all rules that are necessary for its enforcement. If the director finds that this section has been violated or that the licensee has been dishonest or has been fraudulent in dealings with the public, the director, in accordance with Chapter 119. of the Revised Code, shall revoke the licensee's license or fine the licensee not more than one thousand dollars, or both. The director, for a period not exceeding two years from the date of revocation, may refuse to issue another license to a person for a concession for which the person's license has been revoked. Notwithstanding section 119.12 of the Revised Code, all appeals from any fine by, or order of, the director shall be to the court of common pleas of the county where the place of business of the person is located or to the common pleas court of the county in which the person is a resident or in which the concession is located.

(H) Any person holding a license issued under this section who permits or tolerates at any place on the fairground where the person's concession is in operation, any immoral show, lottery device, game of chance, or gambling of any kind, including pool selling and paddle wheels, or who violates the terms of the license issued to the person, shall forfeit the license, and the director shall not issue any other license to the person until after a period of two years from the forfeiture. For the purposes of this division, "lottery device," "game of chance," and "gambling of any kind" do not include the sale of lottery tickets by the state lottery commission pursuant to Chapter 3770. of the Revised Code at the state fairground during the state fair. For the purposes of this section and section 1711.09 of the Revised Code, contests, games, tournaments, and other activities, the outcome of which is predominantly determined by the skill of the contestants, participants, or players, whether or not the contestants, participants, or players pay a price for the opportunity to win a prize, do not constitute a game of chance or gambling within the meaning, purpose, and intent of this section and section 1711.09 of the Revised Code or sections 2915.01 to 2915.04 of the Revised Code. The foregoing definition does not apply where the contest, game, tournament, or other activity contains or includes any mechanical or physical device which directly or indirectly impedes, impairs, or thwarts the skill of the contestant, participant, or player.

Section 1711.12 | Certain activities forbidden.

• Effective: July 1, 1983
• Latest Legislation: House Bill 291 - 115th General Assembly

During an Ohio state fair or county or independent agricultural society fair, no person shall cry, hawk, sell, or expose for sale any merchandise except the official fair or race program upon any public road at any point within one thousand feet of any entrance or exit of the fairground or, within the fairground, engage in any solicitation more than four feet from a concession or booth assigned to such person, except that vendors under contract may solicit within the immediate area of a grandstand or coliseum for the purpose of vending food, soft drinks, and souvenirs directly related to the program attraction.

Section 1711.13 | Nature and powers of county society.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

County agricultural societies are hereby declared bodies corporate and politic, and as such they are capable of suing and being sued and of holding in fee simple any real estate purchased by them as sites for their fairs. In addition, they may do either or both of the following:

(A) Mortgage their grounds for the purpose of renewing or extending pre-existing debts, and for the purpose of furnishing money to purchase additional land, but if the board of county commissioners has caused money to be paid out of the county treasury to aid in the purchase of the grounds, no mortgage shall be given without the consent of the board.

Deeds, conveyances, and agreements in writing, made to and by such societies, for the purchase of real estate as sites for their fairs, shall vest a title in fee simple to the real estate described in those documents, without words of inheritance.

(B) Subject to section 1711.33 of the Revised Code, enter into agreements to obtain loans and credit for expenses related to the purposes of the county agricultural society, provided that the agreements are in writing and are first approved by the board of directors of the society. The total annual payments for debt obligation incurred by a county agricultural society pursuant to this division shall not exceed an amount equal to twenty-five per cent of its prior three-year average of annual revenues.

Section 1711.131 | Policies for use of credit card accounts.

• Effective: November 2, 2018
• Latest Legislation: House Bill 312 - 132nd General Assembly

(A) Not later than three months after the effective date of this amendment, the board of directors of a county agricultural society or an independent agricultural society that holds a credit card account on the effective date of this amendment shall adopt a written policy for the use of credit card accounts. Otherwise, a board shall adopt a written policy before first holding a credit card account.

The policy shall include provisions addressing all of the following:

(1) The officers or positions authorized to use credit card accounts;

(2) The types of expenses for which a credit card account may be used;

(3) The procedure for acquisition, use, and management of a credit card account and presentation instruments related to the account including cards and checks;

(4) The procedure for submitting itemized receipts to the treasurer or the treasurer's designee;

(5) The procedure for credit card issuance, credit card reissuance, credit card cancellation, and the process for reporting lost or stolen credit cards;

(6) The society's credit card account's maximum credit limit or limits;

(7) The actions or omissions by an officer or employee that qualify as misuse of a credit card account.

(B) The name of the county agricultural society or independent agricultural society shall appear on each presentation instrument related to the account including cards and checks.

(C) If the treasurer of the agricultural society does not retain general possession and control of the credit card account and presentation instruments related to the account including cards and checks, the board shall appoint a compliance officer to perform the duties enumerated under division (D) of this section. The compliance officer may not use a credit card account and may not authorize an officer or employee to use a credit card account. The treasurer is not eligible for appointment as compliance officer.

(D) The compliance officer, if applicable, and the board at least quarterly shall review the number of cards and accounts issued, the number of active cards and accounts issued, the cards' and accounts' expiration dates, and the cards' and accounts' credit limits.

(E) If the treasurer retains general possession and control of the credit card account and presentation instruments related to the account including cards and checks, and the board authorizes an officer or employee to use a credit card, the treasurer may use a system to sign out credit cards to the authorized users. The officer or employee is liable in person and upon any official bond the officer or employee has given to the agricultural society to reimburse the society treasury the amount for which the officer or employee does not provide itemized receipts in accordance with the policy described in division (A) of this section.

(F) The use of a credit card account for expenses beyond those authorized by the board constitutes misuse of a credit card account. An officer or employee of an agricultural society or a public servant as defined under section 2921.01 of the Revised Code who knowingly misuses a credit card account held by the society's board of directors violates section 2913.21 of the Revised Code.

(G) The treasurer or the treasurer's designee annually shall file a report with the board detailing all rewards received based on the use of the society's credit card account.

(H) As used in this section, "credit card account" means any bank-issued credit card account, store-issued credit card account, financial institution-issued credit card account, financial depository-issued credit card account, affinity credit card account, or any other card account allowing the holder to purchase goods or services on credit or to transact with the account, and any debit or gift card account related to the receipt of grant moneys. "Credit card account" does not include a procurement card account, gasoline or telephone credit card account, or any other card account where merchant category codes are in place as a system of control for use of the card account.

Section 1711.14 | Appropriation of land for agricultural fair purposes - procedure.

• Effective: January 1, 1966
• Latest Legislation: Senate Bill 94 - 106th General Assembly

When it is necessary in the opinion of any county agricultural society to procure or enlarge any site for the purpose of holding an agricultural fair, proceedings to appropriate may be had as provided for in sections 163.01 to 163.22, inclusive, of the Revised Code.

Section 1711.15 | County aid to county agricultural society.

• Effective: March 27, 2020
• Latest Legislation: House Bill 197 - 133rd General Assembly

In any county in which there is a duly organized county agricultural society, the board of county commissioners or the county agricultural society itself may purchase or lease, for a term of not less than twenty years, real estate on which to hold fairs under the management and control of the county agricultural society, and may erect suitable buildings on the real estate and otherwise improve it.

In counties in which there is a county agricultural society that has purchased, or leased for a term of not less than twenty years, real estate as a site on which to hold fairs, or if the title to the site is vested in fee in the county, the board of county commissioners may erect or repair buildings or otherwise improve the site and pay the rental of it, or contribute to or pay any other form of indebtedness of the society, if the director of agriculture has certified to the board that the county agricultural society is complying with all laws and rules governing the operation of county agricultural societies. The board may appropriate from the county's general fund or permanent improvement fund, and may appropriate revenue from a tax levied under division (T) of section 5739.09 of the Revised Code, any amount that it considers necessary for any of those purposes, provided that an appropriation of revenue from that tax may be expended only for the purposes provided in the resolution levying that tax.

Section 1711.16 | Expenditure of county aid by county society.

• Effective: March 27, 2020
• Latest Legislation: House Bill 197 - 133rd General Assembly

When the control and management of a fairground is in a county agricultural society, and the board of county commissioners has appropriated an amount for the aid of the society as provided in section 1711.15 of the Revised Code, the society, with the consent of the board, may contract for the erection or repair of buildings or otherwise improve the fairground, to the extent that the payment for the improvement is provided by the board.

When the appropriation is made by the board, the county auditor shall place the proceeds in a special fund, designated the "county agricultural society fund," indicating the purpose for which it is available, provided that an appropriation of revenue from a tax levied by the board under division (T) of section 5739.09 of the Revised Code may be expended only for the purposes provided in the resolution levying that tax. On application of the treasurer of the society, the auditor shall issue an order for the amount of the appropriation to the treasurer of the society, if the society has secured the certificate required under section 1711.05 of the Revised Code, on the treasurer's filing with the auditor a bond in double the amount collected, with good and sufficient sureties approved by the auditor, conditioned for the satisfactory paying over and accounting of the funds for the purposes for which they were provided. The funds shall remain in the special fund in which they are placed by the auditor until they are applied for by the treasurer of the society and the bond is given, or until they are expended by the board for the purposes for which the fund was created. If the society ceases to exist or releases the fund as not required for the purposes for which the fund was created, the board may by resolution transfer the fund to the general fund of the county.

Section 1711.17 | County joint ownership.

• Effective: September 26, 2003
• Latest Legislation: House Bill 95 - 125th General Assembly

(A) In any counties in which there is a duly organized independent agricultural society, the respective boards of county commissioners may purchase or lease jointly, for a term of not less than twenty years, real estate on which to hold fairs under the management and control of the society, and may erect suitable buildings and otherwise improve the property, and pay the rental thereof, or contribute to or pay any other form of indebtedness of the society, if the director of agriculture has certified to the board that the independent agricultural society is complying with all laws and rules governing the operation of county agricultural societies. The boards may appropriate from their respective general funds such an amount as they consider necessary for any of those purposes.

(B) An independent agricultural society may purchase or lease, for a term of not less than twenty years, real estate on which to hold fairs under its management and control and may erect suitable buildings on the real estate and otherwise improve it.

Section 1711.18 | Issuance of county bonds to pay debts of county society.

• Effective: September 29, 2011
• Latest Legislation: House Bill 153 - 129th General Assembly

In a county in which there is a county agricultural society indebted fifteen thousand dollars or more, and such society has purchased a fairground or title to such fairground is vested in fee in the county, the board of county commissioners, upon the presentation of a petition signed by not less than five hundred resident electors of the county praying for the submission to the electors of the county of the question whether or not county bonds shall be issued and sold to liquidate such indebtedness, shall, by resolution within ten days thereafter, fix a date, which shall be within thirty days, upon which the question of issuing and selling such bonds, in the necessary amount and denomination, shall be submitted to the electors of the county. The board also shall cause a copy of such resolution to be certified to the county board of elections and such board of elections, within ten days after such certification, shall proceed to make the necessary arrangements for the submission of such question to such electors at the time fixed by such resolution.

Such election shall be held at the regular places of voting in the county and shall be conducted, canvassed, and certified, except as otherwise provided by law, as are elections of county officers. The county board of elections must give fifteen days' notice of such submission by publication in a newspaper of general circulation in the county once a week for two consecutive weeks or as provided in section 7.16 of the Revised Code, stating the amount of bonds to be issued, the purpose for which they are to be issued, and the time and places of holding such election. Those who vote in favor of the proposition shall have written or printed on their ballots "for the issue of bonds" and those who vote against it shall have written or printed on their ballots "against the issue of bonds." If a majority of those voting upon the question of issuing the bonds vote in favor thereof, then and only then shall they be issued and the tax provided for in section 1711.20 of the Revised Code be levied.

Section 1711.19 | Bonds.

• Effective: May 13, 1981
• Latest Legislation: House Bill 95 - 114th General Assembly

If a majority of the voters of a county voting upon the question of issuing bonds under section 1711.18 of the Revised Code vote in favor thereof, the board of county commissioners, for the purpose of liquidating the county agricultural society's indebtedness, shall issue and sell bonds of the county in the amount necessary. Such bonds shall bear interest at not more than the rate provided in section 9.95 of the Revised Code, payable semiannually, and shall be issued for a period of not less than ten nor more than twenty years.

From the proceeds arising from the sale of such bonds, the board shall pay off the indebtedness for which such bonds were sold.

Section 1711.20 | Levy for payment of bonds.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

The board of county commissioners, upon the issuance of bonds under sections 1711.18 and 1711.19 of the Revised Code, shall levy a tax upon all the taxable property on the tax duplicate of the county for the purpose of paying such bonds as they mature and the interest thereon, at the rate and for such length of time as may be necessary for the purpose.

Section 1711.21 | Use of money raised by county taxation.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

When money has been raised by taxation by a county for the purpose of leasing lands for county fairs, erecting buildings for county fair purposes, or making improvements on a county fairground, or for any purpose connected with the use of a county fairground or with the management thereof by a county agricultural society, such money shall be used for such purpose only, even though the law under which the money was so raised has expired by limitation.

Section 1711.22 | County aid to county and independent agricultural societies.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A)(1) When a county or a county agricultural society owns or holds under a lease real estate used as a fairground, and such society has the control and management of such lands and buildings, the board of county commissioners shall, on the request of such society, annually appropriate from the general fund not less than fifteen hundred dollars for the purpose of encouraging agricultural fairs.

(2) In any county in which there is located one or more independent agricultural societies, the board, for the purpose of encouraging such societies, may appropriate, in addition to the sum appropriated for the county agricultural society, a sum not greater than the amount appropriated for the county society.

(B) In a county in which there is no county agricultural society, or in which there is no fair held by such a society, but in which there exists an independent agricultural society , the board shall, on the request of the independent agricultural society, annually appropriate from the general fund not less than fifteen hundred dollars for the purpose of encouraging such independent agricultural fairs.

(C) No board shall appropriate money as provided by this section unless the director of agriculture has certified to the board that the county or independent agricultural society is complying with all laws, rules and regulations governing the operation of county or independent agricultural societies.

(D) The county treasurer shall pay any money appropriated in accordance with this section to the treasurer of the society for whose use it was made, upon an order issued from the county auditor.

Section 1711.23 | Title to fairgrounds vests in county on dissolution of society.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

When a county agricultural society ceases to exist, in a county out of whose treasury payments have been made for real estate, or improvements thereon, for the use of such society, or for the liquidation of indebtedness of such society, all such real estate and improvements shall vest in fee simple in the county by which the payments were made.

Section 1711.24 | Insurance on county society's buildings.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

The board of county commissioners of a county in which there is a county agricultural society shall insure the buildings on the grounds of such society for the benefit of such society.

Section 1711.25 | Sale, lease, purchase, and exchange of sites by county society.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

If a county agricultural society desires to sell its site in order to purchase another, or if for any reason such site is unfit or insufficient for the purposes for which it is used, and if at a regular meeting of such society's board of directors, by a vote, upon a call of the yeas and nays, of at least a majority of all the members of such board, it adopts a resolution for the purpose of securing the benefits of this section, and in such resolution declares that it desires to sell such site in order to buy another, or that the site has become unfit or insufficient, and that it is for the best interests of the society and the county that such site be sold or leased and a new one bought or leased, then the society may sell or lease such old site and buy or lease a new one for holding county fairs; but in cases where the county paid all or any portion of the purchase money for the site to be sold or leased, the written consent of the board of county commissioners shall first be given to such sale or lease. Within thirty days after the adoption of such resolution, such board of directors shall give notice in writing to the board of county commissioners of such county of the adoption of such resolution declaring the necessity of selling or leasing such site and of buying or leasing a new site, which notice shall contain or have annexed to it a certified copy of the resolution, signed by the president and the secretary of such board of directors.

Section 1711.26 | Authority to sell or exchange site.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) A county agricultural society or independent agricultural society may sell any part of the premises that are used by the society as a site on which to hold annual exhibitions or exchange any part thereof for other lands if such premises are in the possession or under the control of the society and either of the following apply:

(1) The premises are greater in size than is necessary for the purposes to which they are devoted.

(2) The premises are not suitable in their formation or character for the purposes to which they are devoted.

(B) If the title to the premises described in division (A) of this section is held by the county, the board of county commissioners may sell any part of the premises or exchange any part thereof for other lands if division (A)(1) or (2) of this section applies. The board shall notify the applicable society of its intention to make such a sale or exchange. The board shall provide the notice in writing fourteen days prior to the sale or exchange.

Section 1711.27 | Contracts for purchase or lease of new site by county society.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

When a county agricultural society has given notice to the board of county commissioners as provided in section 1711.25 of the Revised Code and has selected, or secured options for the purchase or lease of, a new site for holding county fairs in the county, its board of directors shall immediately give notice of all such facts to the board of county commissioners. Such notice, if the old site is sold or leased before the purchase or lease of the new one, shall state the amount for which it was sold or leased, the amount of money necessary to acquire the new site, and the terms of the purchase or lease of the new site, together with a full description of the parcels of land included in the new site and of any improvements thereon. After the filing of such notice, the board of county commissioners may carry into effect any contract which such society has made for the purchase or lease of the new site.

Section 1711.28 | Payment for new site with county funds or bonds.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

Payment for the new site purchased or leased for the use of a county agricultural society under sections 1711.25 and 1711.27 of the Revised Code and for improvements thereon may be made by the board of county commissioners from any unappropriated funds in the county treasury at the time such payment is to be made. If no such funds are then in such treasury, the board may issue the bonds of the county for such amounts as are necessary for such payment; but if the old site is sold or leased before the new site is purchased or leased, such society, before such bonds are issued, shall apply the moneys realized from the sale or lease of the old site to such payment. If the old site is sold or leased after the purchase or lease of the new site, the amounts realized from the sale or lease of the old site shall be placed to the credit of the sinking fund for the redemption of any such bonds that have been issued. Such bonds shall bear not more than five per cent interest per annum payable semiannually, shall not be sold at less than their par value, and shall be payable at such place and times and in such denominations as the board determines.

Section 1711.29 | Levy for payment of bonds.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

To provide for the payment of bonds issued under section 1711.28 of the Revised Code and interest thereon, the board of county commissioners may levy such annual taxes on all the taxable property of the county as are necessary to provide a sinking fund for the redemption of the bonds at maturity and the payment of interest accruing thereon. Such levy shall be collected and accounted for to the county treasurer in the manner provided for the collection of other taxes.

Section 1711.30 | Election on question of issuing bonds.

• Effective: September 13, 2022
• Latest Legislation: House Bill 140 - 134th General Assembly

Before issuing bonds under section 1711.28 of the Revised Code, the board of county commissioners, by resolution, shall submit to the qualified electors of the county at the next general election for county officers, held not less than ninety days after receiving from the county agricultural society the notice provided for in section 1711.25 of the Revised Code, the question of issuing and selling such bonds in such amount and denomination as are necessary for the purpose in view, and shall certify a copy of such resolution to the county board of elections.

The county board of elections shall place the question of issuing and selling such bonds upon the ballot and make all other necessary arrangements for the submission, at the time fixed by such resolution, of such question to such electors. The votes cast at such election upon such question must be counted, canvassed, and certified in the same manner, except as provided by law, as votes cast for county officers. Fifteen days' notice of such submission shall be given by the county board of elections, by publication once a week for two consecutive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code, stating the amount of bonds to be issued, the purpose for which they are to be issued, and the time and places of holding such election. If the resolution proposes the levy of a tax under section 1711.29 of the Revised Code, the notice shall include the rate of the tax in both mills for each one dollar of taxable value and in dollars for each one hundred thousand dollars of the county auditor's appraised value.

The question must be stated on the ballot as follows: "For the issue of county fair bonds, yes"; "For the issue of county fair bonds, no."

If the resolution proposes the levy of a tax under section 1711.29 of the Revised Code, the question appearing on the ballot shall include the rate of the tax in both mills for each one dollar of taxable value and in dollars for each one hundred thousand dollars of the county auditor's appraised value.

If the majority of those voting upon the question of issuing the bonds vote in favor thereof, then and only then shall they be issued and the tax provided for in section 1711.29 of the Revised Code be levied.

As used in this section, "the county auditor's appraised value" has the same meaning as in section 5705.01 of the Revised Code.

Last updated July 15, 2022 at 8:48 AM

Section 1711.31 | Control of lands when title vested in county commissioners - division of moneys when land appropriated for another public purpose.

• Effective: November 25, 1969
• Latest Legislation: House Bill 415 - 108th General Assembly

When the title to grounds and improvements occupied by an agricultural society is in the board of county commissioners, the control and management of such lands and improvements shall be vested in the board of directors of such society so long as they are occupied by it and used by it for holding agricultural fairs.

When the title to such grounds or improvements, or any part thereof, is appropriated for another public purpose or sold to an agency which has the power to so appropriate, if such society notifies the county commissioners of an intention to proceed under section 1711.25 to 1711.32, inclusive, of the Revised Code, to replace such property, the moneys shall be divided between the county and the society in accordance with the respective values of the interest of each in such property, as determined by agreement of the parties or pursuant to section 163.18 of the Revised Code. Each share of such moneys shall be held by the respective party solely for use in replacement of its respective interest in such property notwithstanding any limitations on expenditures otherwise provided in Chapter 1711. of the Revised Code.

Moneys realized by the society in holding county fairs and from renting or leasing all or part of the grounds and buildings for the conduct of fairs or otherwise, over and above the necessary expenses thereof, shall be paid into the treasury of the society and used as a fund for keeping such grounds and buildings in good order and repair and for making other improvements deemed necessary by the society's directors.

Section 1711.32 | Execution of conveyance of fairgrounds.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

Conveyances of grounds sold under section 1711.25 of the Revised Code, which are owned exclusively by any county agricultural society, may be executed by the president of such society, as such. Grounds owned partly by such a society and partly by the county may be conveyed by deed executed by the president of the society, as such, and by the board of county commissioners.

Section 1711.33 | Encumbering of fairgrounds partly owned by county.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) When a board of county commissioners pays or has paid money out of the county treasury for the purchase of real estate as a site for the holding of fairs by a county agricultural society, the society shall not incur any debt, by mortgage or otherwise, without the consent of the board, entered upon its journal.

(B) With respect to real estate debt for which consent is obtained under division (A) of this section, a society may encumber such real estate, in order to pay the cost of necessary repairs and improvements thereon, up to an amount not exceeding fifty per cent of its value. In order to ascertain the value of such real estate the board shall appoint three disinterested freeholders who are residents of the county to appraise such real estate. The appraisers so appointed shall, within ten days after their appointment, upon actual view of such real estate, appraise it and return such appraisement under oath to the board. The appraisement so made shall be considered the value of such real estate for the purpose of mortgage or other encumbrance.

Section 1711.34 | Purchase of additional fairgrounds.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

If the law makes it the duty of the board of county commissioners to purchase additional fairgrounds for the use of a county agricultural society, the board of directors of such society shall prosecute the proceedings for appropriation to their final conclusion, except as to payment of purchase money, before the board of county commissioners can be called upon to act in the matter. Then the board of county commissioners shall make such payment or deposit, not above fifteen thousand dollars in amount, as such board of directors or the court having jurisdiction in such proceedings requires, and delay by the board of county commissioners in so doing shall not prevent such purchase or appropriation.

Section 1711.35 | Special constables.

• Effective: January 9, 1961
• Latest Legislation: House Bill 1 - 104th General Assembly

On the application of a state, county, township, or independent agricultural society, of an industrial association, or of any other association or meeting of citizens for the purpose of promoting social or literary intercourse, a judge of a county court or judge of a municipal court having jurisdiction may appoint a suitable number of special constables to assist in keeping the peace during the time when such society or assembly is holding its annual fair or meeting. He shall make an entry in his docket of the number and names of all persons so appointed.

Constables so appointed have all the power of constables to suppress riots, disturbances, and breaches of the peace. Upon view they may arrest any person guilty of a violation of any law of the state, and pursue and arrest any person fleeing from justice in any part of the state. They may apprehend any person in the act of committing an offense; on reasonable information, supported by affidavit, they may procure process for the arrest of any person charged with a breach of the peace and forthwith bring him before a competent authority; and they may enforce all laws for the preservation of order.

Section 1711.99 | Penalty.

• Effective: April 12, 2021
• Latest Legislation: House Bill 665 - 133rd General Assembly

(A) Whoever violates section 1711.11 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars.

(B) Whoever violates section 1711.12 of the Revised Code shall be fined not less than ten nor more than fifty dollars.