(225 ILCS 407/10-1)
(Section scheduled to be repealed on January 1, 2030)
Necessity of license; exemptions.
(a) It is unlawful for any
limited liability company, partnership, or other entity to conduct an auction,
provide an auction
service, hold himself or herself out as an auctioneer, or advertise his or her
services as an auctioneer
in the State of Illinois without a license issued by the Department under this Act,
(1) an auction conducted solely by or for a
not-for-profit organization for charitable purposes in which the individual receives no compensation;
(2) an auction conducted by the owner of the
property, real or personal;
(3) an auction for the sale or lease of real property
conducted by a licensee under the Real Estate License Act, or its successor Acts, in accordance with the terms of that Act;
(4) an auction conducted by a business registered as
a market agency under the federal Packers and Stockyards Act (7 U.S.C. 181 et seq.) or under the Livestock Auction Market Law;
(5) an auction conducted by an agent, officer, or
employee of a federal agency in the conduct of his or her official duties; and
(6) an auction conducted by an agent, officer, or
employee of the State government or any political subdivision thereof performing his or her official duties.
(b) Nothing in this Act shall be construed to apply to a new or used
or a vehicle auctioneer 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
while conducting an auction that is not open to the public, provided that
only new or used vehicle dealers,
rebuilders, automotive parts recyclers, or scrap processors licensed by the Secretary of State or licensed by
another state or jurisdiction may buy property at the auction, or to sales by or
through the licensee. Out-of-state salvage vehicle buyers licensed in another state or jurisdiction may also buy property at the auction.
(c) Nothing in this Act shall be construed to prohibit a person under the
age of 18 from selling property under $250 in value while under the direct
supervision of a licensed auctioneer.
(d) Nothing in this Act shall be construed to
apply to a person providing an Internet auction listing service as
in Section 5-10.
(Source: P.A. 100-534, eff. 9-22-17