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Public Act 91-0874
HB3138 Enrolled LRB9109952ACtmA
AN ACT to amend the Transient Merchant Act of 1987.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Transient Merchant Act of 1987 is amended
by changing Section 2 and adding Section 5.6 as follows:
(225 ILCS 465/2) (from Ch. 121 1/2, par. 1652)
Sec. 2. Definitions. As used in this Act:
(a) "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.
(b) "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.
(c) "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. 87-155.)
(225 ILCS 465/5.6 new)
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.
Section 99. Effective date. This Act takes effect upon
becoming law.
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