State of Illinois
91st General Assembly
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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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