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91_SB1331eng
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
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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.
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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
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1 becoming law.
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