Public Act 90-0718 of the 90th General Assembly
Public Act 90-0718
SB1293 Enrolled LRB9009235NTsb
AN ACT to amend the Illinois Vehicle Code by changing
Section 5-102.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 5-102.1 as follows:
(625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
Sec. 5-102.1. Permits for off site sales and
exhibitions.
(a) A licensed new or used motor vehicle dealer licensed
under Section 5-101 or 5-102 shall not engage in any off site
sale without an off site sale permit issued by the Secretary
under this Section.
The Secretary shall issue an off site sale permit to a
dealer if:
(1) an application therefor is received by the
Secretary at least 10 days prior to the beginning date of
the proposed off site sale, accompanied by a fee of $25;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed off
site sale will conform with the requirements imposed by
law.
However, in no event shall an off site sale permit be
issued to any licensed new or used vehicle dealer for any off
site sale to be conducted outside that dealer's relevant
market area, as that term is defined in this Chapter, except
that this restriction shall not apply to off site sales of
motor homes or recreational vehicles.
The provisions of this subsection shall not apply to
self-contained motor homes, mini motor homes, van campers,
and recreational trailers, including trailers designed and
used to transport vessels or watercraft.
An off site sale permit does not authorize the sale of
vehicles on a Sunday.
(b) Only a new or used vehicle dealer licensed under
Section 5-101 or 5-102 may participate in a display
exhibition and shall obtain a display exhibition permit
issued by the Secretary under this Section.
The Secretary shall issue a display exhibition permit to
a dealer if:
(1) an application therefor is received by the
Secretary at least 10 days prior to the beginning date of
the proposed exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
exhibition will conform with the requirements imposed by
law.
A display exhibition permit shall be valid for a period
of no longer than 30 days.
(c) A licensed new or used motor vehicle dealer under
Section 5-101 or 5-102, or any other person as defined in
this Section, may participate in a trade show exhibition and
must obtain a trade show exhibition permit issued by the
Secretary under this Section.
The Secretary shall issue a trade show exhibition permit
if:
(1) an application is received by the Secretary at
least 10 days before the beginning date of the proposed
trade show exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer
or used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
trade show exhibition shall conform with the requirements
imposed by law.
A trade show exhibition permit shall be valid for a
period of no longer than 30 days.
The provisions of this subsection shall not apply to
self-contained motor homes, mini motor homes, van campers,
and recreational trailers, including trailers designed and
used to transport vessels or watercraft.
The term "any other person" shall mean new or used
vehicle dealers licensed by other states; provided however, a
trade show exhibition of new vehicles shall only be
participated in by licensed new vehicle dealers, at least 2
of which must be licensed under Section 5-101.
(d) An Illinois or out-of-state licensed new or used
trailer dealer, manufactured home dealer, motor home dealer,
mini motor home dealer, or van camper dealer shall not engage
in any off site sale or trade show exhibition without first
acquiring a permit issued by the Secretary under this
subsection. However, the provisions of this Section shall
not apply to a licensed trailer dealer selling a mobile home
or manufactured housing, as defined in the Illinois
Manufactured Housing and Mobile Home Safety Act, if the
manufactured housing or mobile home has utilities permanently
attached. The Secretary shall issue a permit to an Illinois
dealer if:
(1) an application is received by the Secretary at
least 10 days before the beginning date of the proposed
off site sale or trade show exhibition, accompanied by a
fee of $25;
(2) the applicant is a licensed new or used vehicle
dealer in good standing; and
(3) the Secretary determines that the proposed off
site sale or trade show exhibition will conform with the
requirements imposed by law.
The Secretary shall issue a permit to an out-of-state
dealer if the requirements of subdivisions (1), (2), and (3)
of this subsection (d) are met and at least 2 licensed
Illinois dealers will participate in the off site sale or
trade show exhibition.
A permit issued pursuant to this subsection shall allow
for the sale of vehicles at either an off site sale or at a
trade show exhibition. The permit shall be valid for a
period not to exceed 30 days.
(e) The Secretary of State may adopt rules regulating
the conduct of off site sales and exhibitions, and governing
the issuance and enforcement of the permits authorized under
this Section.
(Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
1-24-95; 89-235, eff. 8-4-95; 89-551, eff. 1-1-97.)