Section 1440.100  Necessity of License; Exemptions

Any person, corporation, limited liability company, partnership, or other entity shall not be required to be licensed under this Act under the following circumstances:

a)         A not-for-profit organization conducting an auction solely for charitable purposes;

b)         A person or other entity who is the rightful owner of property, real or personal, sold or leased at auction, except for persons or entities who as a normal course of business sell or lease property at auction;

c)         A person or entity, while conducting an auction for the sale or lease of real property, who holds a valid broker or salesperson license under the Real Estate License Act of 2000 [225 ILCS 454];

d)         A business registered as a livestock market agency under the federal Packers and Stockyards Act (7 USC 181 et seq.) or under the Livestock Auction Market Law, and that registered business employs licensed livestock auctioneers;

e)         A vehicle dealer licensed by the Secretary of State of Illinois, or to any employee of the licensee, who is a resident of the State of Illinois, while the employee is acting in the regular scope of his or her employment for the licensee, or to sales by or through the licensee.

f)          A person under the age of 18 who, while under the direct supervision of a licensed auctioneer, sells items under $250 in value.

(Source:  Amended at 25 Ill. Reg. 12586, effective September 28, 2001)