(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.)
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