State of Illinois
91st General Assembly
Legislation

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91_HB3138eng

 
HB3138 Engrossed                              LRB9109952ACtmA

 1        AN ACT to amend the Transient Merchant Act of 1987.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Transient Merchant Act of 1987 is amended
 5    by changing Section  2 and adding Section 5.6 as follows:

 6        (225 ILCS 465/2) (from Ch. 121 1/2, par. 1652)
 7        Sec. 2. Definitions.  As used in this Act:
 8        (a)  "Transient merchant" means any person who is engaged
 9    temporarily in the retail sale of goods, wares or merchandise
10    in  this  State  and  who, for the purpose of conducting such
11    business, occupies any building, room, vehicle, structure  of
12    any kind, or vacant lot.  However, this Act does not apply to
13    any  person  selling  goods,  wares  or merchandise which are
14    raised, produced  or  manufactured  by  him,  to  any  person
15    selling  vegetables,  fruit or perishable farm products at an
16    established city or village market, to any person operating a
17    store or  refreshment  stand  at  a  resort,  to  any  person
18    operating  a  stand or booth on or adjacent to property owned
19    by him or upon which he resides, to any  person  operating  a
20    stand  or  booth  at a State or county fair, or to any person
21    operating a stand or  booth  at  a  trade  show,  exposition,
22    convention  or  similar event. This Act does not apply to any
23    person holding  a  valid  license,  issued  by  a  county  or
24    municipality, to engage in retail sales.
25        (b)  "Itinerant  vendor"  means any person who transports
26    tangible personal property for retail sale within this  State
27    who  does  not  maintain in this State an established office,
28    distribution house, sales house, warehouse, service center or
29    residence from which such business  is  conducted.   However,
30    this  Act  does not apply to any person who delivers tangible
31    personal property within this  State  who  is  fulfilling  an
 
HB3138 Engrossed            -2-               LRB9109952ACtmA
 1    order for such property which was solicited or placed by mail
 2    or other means. This Act does not apply to any person holding
 3    a  valid  license,  issued  by  a  county or municipality, to
 4    engage in retail sales.
 5        (c)  "Person"   means   any   individual,    corporation,
 6    partnership, trust, firm, association or other entity.
 7        "New   and   unused  property"  means  tangible  personal
 8    property that is acquired in the ordinary course of  business
 9    by  the  unused property merchant directly from the producer,
10    manufacturer, wholesaler, or retailer that (i) has  not  been
11    used  since  its  production or manufacture or (ii) is in its
12    original and unopened package or container, if  the  personal
13    property   was   packaged   when   originally   produced   or
14    manufactured.
15    (Source: P.A. 87-155.)

16        (225 ILCS 465/5.6 new)
17        Sec.  5.6.   Receipts  for the purchase of new and unused
18    property.
19        (a)  An unused property merchant must  maintain  receipts
20    for  the  purchase  of  new  and unused property purchased or
21    acquired on or after the effective date of this    amendatory
22    Act  of the 91st General Assembly.  The receipts must contain
23    the following information:
24             (1)  the date of the transaction;
25             (2)  the   name   and   address   of   the   person,
26        corporation, or entity from whom    the  new  and  unused
27        property was acquired;
28             (3)  an  identification  and  description of the new
29        and unused property  acquired;
30             (4)  the price paid for the new and unused property;
31        and
32             (5)  the signature of the seller and  buyer  of  the
33        new and unused property.
 
HB3138 Engrossed            -3-               LRB9109952ACtmA
 1        (b)  It  is  a  violation  of  this Section for an unused
 2    property merchant required to  maintain  receipts  under  the
 3    provisions of this Section to knowingly:
 4             (1)  falsify, obliterate, or destroy the receipts;
 5             (2)  refuse  or  fail to make the receipts available
 6        for inspection upon  request within a period of time that
 7        is  reasonable   under   the   individual   circumstances
 8        surrounding  the  request;  however,  the unused property
 9        merchant is not required to possess  the  receipt  on  or
10        about his or her person without reasonable notice; or
11             (3)  fail  to maintain the receipts required by this
12        Section for at least 2 years.
13        (c)  The provisions of this Section shall  not  apply  to
14    the following:
15             (1)  the  sale of a motor vehicle or trailer that is
16        required  to  be  registered  or  is   subject   to   the
17        certificate of title laws of this State;
18             (2)  the sale of livestock, ice, or wood for fuel;
19             (3)  business   conducted   in   any   industry   or
20        association trade show;
21             (4)  property,  although  never  used,  whose style,
22        packaging,  or  material    clearly  indicates  that  the
23        property was not produced or manufactured recently;
24             (5)  a person  who  sells  by  sample,  catalog,  or
25        brochure for future delivery;
26             (6)  the sale of arts or crafts or other merchandise
27        by  the person who produced those arts or crafts or other
28        merchandise or by a person or persons acting  on  his  or
29        her behalf; or
30             (7)  a person who makes sales presentations pursuant
31        to  a  prior,    individualized  invitation issued to the
32        consumer by the owner or legal occupant of the premises.

33        Section 99.  Effective date.  This Act takes effect  upon
 
HB3138 Engrossed            -4-               LRB9109952ACtmA
 1    becoming law.

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