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90_HB3218
625 ILCS 5/5-100 from Ch. 95 1/2, par. 5-100
Amends the Vehicle Code definition Section concerning
dealers, transporters, wreckers, and rebuilders to make a
grammatical change.
LRB9009111OBpk
LRB9009111OBpk
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 5-100.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 5-100 as follows:
7 (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
8 Sec. 5-100. Definitions. For the purposes of this
9 Chapter, the following words shall have the meanings ascribed
10 to them as follows:
11 "Additional place of business" means a place owned or
12 leased and occupied by the dealer in addition to its
13 established place of business, at which the dealer conducts
14 or intends to conduct business on a permanent or long term
15 basis. The term does not include an area where an off site
16 sale or exhibition is conducted. The Secretary of State
17 shall adopt guidelines for the administration and enforcement
18 of this definition by rule.
19 "Display exhibition" means a temporary display of
20 vehicles by a dealer licensed under Section 5-101 or 5-102,
21 at a location at which no vehicles are offered for sale, that
22 is conducted at a place other than the dealer's established
23 and additional places of business.
24 "Established place of business" means the place owned or
25 leased and occupied by any person duly licensed or required
26 to be licensed as a dealer for the purpose of engaging in
27 selling, buying, bartering, displaying, exchanging or dealing
28 in, on consignment or otherwise, vehicles and their essential
29 parts and for such other ancillary purposes as may be
30 permitted by the Secretary by rule. It shall include an
31 office in which the dealer's records shall be separate and
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1 distinct from any other business or tenant which may occupy
2 space in the same building. This office shall not be located
3 in a house trailer, residence, tent, temporary stand,
4 temporary address, room or rooms in a hotel or rooming house,
5 nor the premises occupied by a single or multiple unit
6 residence. The established place of business of a scrap
7 processor shall be the fixed location where the scrap
8 processor maintains its principal place of business. The
9 Secretary of State shall, by rule and regulation, adopt
10 guidelines for the administration and enforcement of this
11 definition, such as, but not limited to issues concerning the
12 required hours of operation, describing where vehicles are
13 displayed and offered for sale, where books and records are
14 maintained and requirements for the fulfillment of
15 warranties. A dealer may have an additional place of
16 business as defined under this Section.
17 "Off site sale" means the temporary display and sale of
18 vehicles, for a period of not more than 7 calendar days
19 (excluding Sundays), by a dealer licensed under Section 5-101
20 or 5-102 at a place other than the dealer's established and
21 additional places of business.
22 "Relevant market area", for a new vehicle dealer licensed
23 under Section 5-101 and for a used vehicle dealer licensed
24 under Section 5-102, means the area within 10 miles of the
25 established or additional place of business of the dealer
26 located in a county with a population of 300,000 or more, or
27 within 15 miles if the established place of business is
28 located in a county with a population of less than 300,000.
29 "Trade show exhibition" means a temporary display of
30 vehicles, by dealers licensed under Section 5-101 or 5-102,
31 or any other person as defined in subsection (c) of Section
32 5-102.1, at a location at which no vehicles are offered for
33 sale that is conducted at a place other than the dealer's
34 established and additional places of business. In order for
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1 a display exhibition to be considered a trade show
2 exhibition, it must be participated in by at least 3 dealers,
3 2 of which must be licensed under Section 5-101 or 5-102; and
4 a trade show exhibition of new vehicles shall only be
5 participated in by licensed new vehicle dealers at least 2 of
6 which must be licensed under Section 5-101.
7 (Source: P.A. 89-235, eff. 8-4-95; 90-89, eff. 1-1.98.)