Ohio Code 3734.90 – Tire sales fee definitions
As used in sections 3734.90 to 3734.9014 of the Revised Code:
Terms Used In Ohio Code 3734.90
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes the state, any political subdivision and other state or local body, the United States and any agency or instrumentality thereof, and any legal entity defined as a person under section 1. See Ohio Code 3734.01
- state: means the state of Ohio. See Ohio Code 1.59
(A) “Tire” means any tire with a rim or wheel diameter of thirteen inches or more that is designed and manufactured for use on a motor vehicle as “motor vehicle” is defined in section 4511.01 of the Revised Code. “Tire” does not include any used or retreaded tire or any tire that is part of a new motor vehicle as defined in section 4517.01 of the Revised Code when the motor vehicle is manufactured or initially received in this state.
(B) “Wholesale distributor” means a person who distributes tires to retail dealers in this state or to its own retail establishments in this state. “Wholesale distributor” does not include a person who sells a minimal number of tires to others on an irregular and noncontinuous basis.
(C) “Retail dealer” means a person engaged in the business of selling tires at retail in this state.
(D) “Sale” and “selling” include exchange, consignment, barter, gift, and offer for sale. “Sale” or “selling” includes the removal of tires from a stock of merchandise by a wholesale distributor, or a retail dealer, for its own use.