State of Illinois
91st General Assembly

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SB1331 Engrossed                              LRB9109953ACtmA

 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
SB1331 Engrossed            -2-               LRB9109953ACtmA
 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.
SB1331 Engrossed            -3-               LRB9109953ACtmA
 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
SB1331 Engrossed            -4-               LRB9109953ACtmA
 1    becoming law.

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