625 ILCS 5/5-701
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders

 (from Ch. 95 1/2, par. 5-701)Sec. 5-701.     Vehicle auctioneers to be licensed.     (a) No person, other than  a licensed new vehicle dealer, a licensed used vehicle dealer, or municipality,  shall engage in this State in the business of auctioning vehicles, for more  than one owner, at auction or shall offer to sell, solicit or advertise  the sale of a vehicle at auction without first acquiring a commercial vehicle  auctioneer license from the Secretary of State under the provisions of this Section.  A vehicle auction licensee shall be entitled thereunder to sell, solicit,  and advertise the sale of used vehicles belonging to others at auction.(b) An application for a vehicle auctioneer license shall be filed with  the Secretary of State, duly verified by oath, in such form as the Secretary  of State may by rule or regulation prescribe and shall contain:1.  The name and type of business organization established and the address  of the place of business;2. If the applicant is a corporation, a list of its officers and directors,  setting forth the residence address of each; if the applicant is a sole  proprietorship, a partnership, an unincorporated association, trust or any similar  form of business organization, the names and residence addresses of the  proprietor or of each partner, member, officer, director, trustee, manager  and shareholder having 10% or greater ownership interest in the corporation;3. A statement that the applicant has been approved for registration under  the Retailers' Occupation Tax Act, approved June 28, 1933, as amended,  by the Department of Revenue. However, this requirement does not apply to  licensee who is already licensed hereunder with the Secretary of State,  and who is merely applying for a renewal of his license. As evidence of  this fact, the application shall be accompanied by a certification from  the Department of Revenue showing that the Department has approved the applicant  for registration under the Retailers' Occupation Tax Act;4. A statement that the applicant has complied with the bonding requirements  of the "Retailers' Occupation Tax Act", approved June 28, 1933, as amended.  As evidence of this fact, the application shall be accompanied by a certification  from the Department of Revenue showing that the applicant is in compliance  with the bonding requirements of the "Retailers' Occupation Tax Act" or  that the applicant is not required to be bonded with the Department of Revenue  under the "Retailers' Occupation Tax Act";5. Such other information concerning the business of the applicant as  the Secretary of State may by rule or regulation prescribe;6. An application for a vehicle auctioneer license shall be accompanied  by the following license fees: $50 for applicant's place of business plus  $25 for each additional place of business, if any, to which the application  pertains, provided, however, that if such an application is made after July  1 of any year, the license fee shall be $25 for applicant's place of business  plus $12.50 for each additional place of business, if any, to which the  application pertains. License fees shall be returnable only in the event  that such application shall be denied by the Secretary of State.7. A statement that the licensee has irrevocably consented to the  appointment  of the Secretary of State as its agent for service of process with the State  of Illinois. Said service of process shall be accomplished as provided in  Section 10-301 of the Illinois Vehicle Code.(c) Any change which renders no longer accurate any information contained  in any application for a vehicle auctioneer shall be amended within thirty  days after the occurrence of each change on such form as the Secretary of  State may prescribe by rule or regulation, accompanied by an amendatory fee of  $2.(d) Anything in this Chapter to the contrary notwithstanding, no person  shall be licensed as a vehicle auctioneer unless such person shall maintain  a place of business as defined in this Chapter.(e) The Secretary of State shall, within a reasonable time after receipt,  examine an application submitted to him under this Section. Unless the  Secretary  makes a determination that the application submitted to him does not conform  to this Section or that grounds exist for a denial of the application under  Section 5-501 of this Chapter, he must grant the applicant an original vehicle  auctioneer license in writing for his place of business and a supplemental  license in writing for each additional place of business, in such form as  he may prescribe by rule or regulation which shall include the following:1. The name of the person licensed;2. If a corporation, the name and address of its officers or if a sole  proprietorship, a partnership, an unincorporated association or any similar  form of business organization, the name and address of the proprietor or  of each partner, member, officer, director, trustee or manager;3. Complete address of the place of business of the licensee;4. In the case of supplemental license, the place of business of the  licensee and the place of business to which such supplemental license pertains.(f) The appropriate instruments evidencing the license or a certified  copy thereof, provided by the Secretary of State shall be kept posted, conspicuously,  in the place of business of the licensee within the State and in each  additional place of business, if any, maintained by such licensee.(g) Except as provided in subsection (h) of this Section, all vehicle  auctioneer licenses granted under this Section expire on December 31 of  the calendar year for which they are granted unless sooner revoked under  Section 5-501 of this Chapter.(h) a vehicle auctioneer license may be renewed upon application and  payment of the fee required herein, and submission of proof of coverage  by an approved bond under the "Retailers' Occupation Tax Act" or proof that  applicant is not subject to such bonding requirements, as in the case of  an original license, but in case an application for the renewal of an effective  license is made during the month of December, the effective license shall  remain in force until the application for renewal is granted or denied by  the Secretary of State.(i) Each person licensed as a vehicle auctioneer or a licensed new or  used car dealer when auctioning vehicles is required to furnish each purchaser  of a motor vehicle the following:1. A certificate of title properly assigned to the purchaser;2. A statement verified under oath that all identifying numbers on the  vehicle agree with those on the certificate of title;3. A bill of sale properly executed on behalf of such person.    (Source: P.A. 85-1396.)