2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 465/ - Transient Merchant Act of 1987.

(225 ILCS 465/1) (from Ch. 121 1/2, par. 1651)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Transient
Merchant Act of 1987".
(Source: P.A. 85-600.)
(225 ILCS 465/2) (from Ch. 121 1/2, par. 1652)
Sec. 2. 
		Definitions. 
		As used in this Act:
"Transient merchant" means any person
who is engaged temporarily in the retail sale of goods, wares or merchandise
in this State and who, for the purpose of conducting such business, occupies
any building, room, vehicle, structure of any kind, or vacant lot.  However,
this Act does not apply to any person selling goods, wares or merchandise
which are raised, produced or manufactured by him, to any person selling
vegetables, fruit or perishable farm products at an established city or
village market, to any person operating a store or refreshment stand at
a resort, to any person operating a stand or booth on or adjacent to property
owned by him or upon which he resides, to any person operating a stand
or booth at a State or county fair, or to any person operating a stand or
booth at a trade show, exposition, convention or similar event.
This Act does not apply to any person holding a valid license, issued by a
county or municipality, to engage in retail sales.
"Itinerant vendor" means any person who transports tangible personal
property for retail sale within this State who does not maintain in this
State an established office, distribution house, sales house, warehouse,
service center or residence from which such business is conducted.  However,
this Act does not apply to any person who delivers tangible personal property
within this State who is fulfilling an order for such property which was
solicited or placed by
mail or other means.
This Act does not apply to any person holding a valid license, issued by a
county or municipality, to engage in retail sales.
"Person" means any individual, corporation, partnership, trust,
firm,
association or other entity.
"New and unused property" means tangible personal property that is acquired
in
the ordinary course of business by the unused property merchant directly from
the
producer, manufacturer, wholesaler, or retailer that (i) has not been used
since its
production or manufacture or (ii) is in its original and unopened package or
container, if
the personal property was packaged when originally produced or manufactured.
(Source: P.A. 91-874, eff. 6-30-00.)
(225 ILCS 465/3) (from Ch. 121 1/2, par. 1653)
Sec. 3. It is a violation of this Act for any person, either as principal
or agent, to conduct business as a transient merchant or itinerant vendor
in this State without first complying with the requirements of Section 2a
of the Retailers' Occupation Tax Act by obtaining a certificate of registration
and, if a bond or other security is required, by posting bond or other approved security, and without having obtained
a license under this Act.
(Source: P.A. 96-1355, eff. 7-28-10.)
(225 ILCS 465/4) (from Ch. 121 1/2, par. 1654)
Sec. 4. 
		
		(a) Any person who wishes to obtain a license as a transient
merchant or itinerant vendor shall file a written license application
with the appropriate licensing agency as provided in this Section.
(b)  (1) The corporate authorities of a municipality of more than
500,000 persons may designate a
municipal office or department as the licensing agency.  If such a licensing
agency has been designated, a transient merchant or itinerant vendor
intending to do business in such incorporated area shall file his license application
with that licensing agency.
(2) If the applicant
intends to transact business in an incorporated area which is not within
the jurisdiction of any police department or in an unincorporated area,
the application shall be filed with the office of the county sheriff whose
jurisdiction includes the area in which business is to be transacted, and
such office shall be the licensing agency.
(3) Except as provided in paragraph (1) of this subsection, if
the applicant intends to transact business in an incorporated area within
the jurisdiction of a police department, the application shall be filed
with that police department and such police department shall be the licensing agency.
(c) The license application shall include the applicant's name, permanent business
address (which must include a street address), residence address of the
principal (and, if the applicant is a corporation, the residence addresses
of its officers), the location at which the applicant intends to do business,
the nature of the business the applicant intends to conduct, a copy of the
applicant's certificate of registration under the Retailers' Occupation
Tax Act, a complete inventory of the goods the applicant intends to offer
for sale, and a list of all licenses to conduct business as a transient
merchant or an itinerant vendor obtained by the applicant in this State
in the 12 months preceding the date of filing of the application.
(d) The applicant shall file with the licensing agency a surety
bond or shall make a cash deposit unless waived by the unit of local
government of which the licensing agency is a branch.  The amount of the
bond or deposit shall
be equal to 50% of the wholesale value of the merchandise that the applicant
intends to offer for sale; however, the amount of the bond or deposit shall
not be less than $1,000 nor more than $10,000.
A unit of local government may, by ordinance, waive the requirement of
posting a surety bond or cash deposit.
(e) The licensing agency shall transfer said deposit or
bond to the Attorney General of this State within 14 days after the applicant
ceases to do business in its jurisdiction, and the Attorney General shall
hold such deposit or bond for 2 years for the benefit of any person who
suffers loss or damage as a result of the purchase of merchandise from said
person licensed under this Act or as the result of the negligent or intentionally
tortious act of the person licensed under this Act.  The Attorney General
shall pay any portion of the bond or deposit to any person in accordance
with the order of a court without making an independent finding as to the
amount of the bond or deposit that is payable to that person.  Any balance
of said deposit held by the Attorney General 2 years after the expiration
of a license of
a person under this Act shall be refunded to the person.
(f) A license issued under this Act shall expire on December 31 of the year
it was issued.  The licensing agency may collect a
license application fee of $100 from any person wishing to conduct business
as either a transient merchant or itinerant vendor under this Act.
(Source: P.A. 85-1267.)
(225 ILCS 465/5) (from Ch. 121 1/2, par. 1655)
Sec. 5. 
		
		If any person makes retail sales as a transient merchant or
itinerant vendor without having obtained a license under Section 4 of this
Act, the licensing agency may hold the inventory, truck or other
personal property of the person until he obtains a license to conduct business
as a transient merchant or itinerant vendor.  If the property has been held
by the licensing agency
for more than 60 days and the person
whose property is being held has not obtained a license under Section 4
of this Act, the licensing agency, or the unit of government of which it is
a branch, office or department, may petition the circuit court
for an order for the sale of the property being held.  If the court finds
that the person whose property is held has not obtained a license under
Section 4 of this Act, the court may order the licensing agency
 or unit of government to sell the property.  Proceeds of the sale of the
property, less reimbursement
to the licensing agency of the reasonable expenses of storage
and sale of the property, shall be deposited in the treasury
of the county, city or other unit of government of which the licensing agency
is a branch, office or department.
(Source: P.A. 85-600.)
(225 ILCS 465/5.5)
Sec. 5.5. 
		Flea market; prohibited sales. 
		No person at a flea market shall
sell, offer for sale, or knowingly permit the sale of baby food, infant
formula, or similar products or any
pharmaceuticals, over-the-counter drugs,
cosmetics, or medical devices.  This Section
does not apply to a person who keeps available for public inspection an
identification card identifying him or her as an authorized representative of
the
manufacturer or distributor of any
pharmaceuticals, over-the-counter
drugs, cosmetics, or medical devices, as long
as the
card is not false, fraudulent, or fraudulently obtained.
For purposes of this Section, "flea market" means any location, other than a
permanent retail store, at which space is rented or otherwise made available to
others for the conduct of business as a transient merchant or an itinerant
vendor as defined in this Act.
(Source: P.A. 89-226, eff. 1-1-96.)
(225 ILCS 465/5.6)
Sec. 5.6. 
		Receipts for the purchase of new and unused property.
(a) An unused property merchant must maintain receipts for the purchase of
new
and unused property purchased or acquired on or after the effective date of
this
amendatory Act of the 91st General Assembly.  The receipts must contain the
following
information:
(1) the date of the transaction;
(2) the name and address of the person, corporation,     or entity from whom the new and unused property was acquired;
(3) an identification and description of the new and     unused property acquired;
(4) the price paid for the new and unused property;     and
(5) the signature of the seller and buyer of the new     and unused property.
(b) It is a violation of this Section for an unused property merchant
required to
maintain receipts under the provisions of this Section to knowingly:
(1) falsify, obliterate, or destroy the receipts;
(2) refuse or fail to make the receipts available for     inspection upon request within a period of time that is reasonable under the individual circumstances surrounding the request; however, the unused property merchant is not required to possess the receipt on or about his or her person without reasonable notice; or
(3) fail to maintain the receipts required by this     Section for at least 2 years.
(c) The provisions of this Section shall not apply to the following:
(1) the sale of a motor vehicle or trailer that is     required to be registered or is subject to the certificate of title laws of this State;
(2) the sale of livestock, ice, or wood for fuel;
(3) business conducted in any industry or association     trade show;
(4) property, although never used, whose style,     packaging, or material clearly indicates that the property was not produced or manufactured recently;
(5) a person who sells by sample, catalog, or     brochure for future delivery;
(6) the sale of arts or crafts or other merchandise     by the person who produced those arts or crafts or other merchandise or by a person or persons acting on his or her behalf; or
(7) a person who makes sales presentations pursuant     to a prior, individualized invitation issued to the consumer by the owner or legal occupant of the premises.
(Source: P.A. 91-874, eff. 6-30-00.)
(225 ILCS 465/6) (from Ch. 121 1/2, par. 1656)
Sec. 6. 
		
		It shall be prima facie evidence that a person is a transient
merchant or itinerant vendor under this Act if the person does not transact
business from a fixed location or if the person does not own, or lease for
a term of at least 6 months, the property from which business is conducted.
(Source: P.A. 85-600.)
(225 ILCS 465/7) (from Ch. 121 1/2, par. 1657)
Sec. 7. 
		
		Any person who is convicted of violating any provision of this Act is guilty
of a Class B misdemeanor.  Any person who is convicted of committing a
second or subsequent
violation of this Act is guilty of a Class 4 felony.
(Source: P.A. 85-600.)
(225 ILCS 465/8) (from Ch. 121 1/2, par. 1658)
Sec. 8. 
		
		Nothing in this Act shall limit the authority of a unit of
local government to license or regulate transient merchants or itinerant
vendors in a manner not inconsistent with this Act.
(Source: P.A. 85-600.)