(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
Sec. 5-100. Definitions. For the purposes of this Chapter, the following
words shall have the meanings ascribed to them as follows:
"Additional place of business" means a place owned or leased and occupied
by the dealer in addition to its established place of business, at which the
dealer conducts or intends to conduct business on a permanent or long term
basis. The term does not include an area where an off site sale or exhibition
is conducted. The Secretary of State shall adopt guidelines for the
administration and enforcement of this definition by rule.
"Display exhibition" means a temporary display of vehicles by a dealer
licensed under Section 5-101 or 5-102, at a location at which no vehicles are
offered for sale, that is conducted at a place other than the dealer's
established and additional places of business.
"Established place of business" means the place owned or leased and occupied
by any person duly licensed or required to be licensed as a dealer for the
purpose of engaging in selling, buying, bartering, displaying, exchanging or
dealing in, on consignment or otherwise, vehicles and their essential parts
and for such other ancillary purposes as may be permitted by the Secretary
by rule. It shall include an office in which the dealer's records shall be
separate and distinct from any other business or tenant which may occupy
space in the same building except as provided in Section 5-101.1. This
office shall not be located in a house
trailer, residence, tent, temporary stand, temporary address, room or rooms
in a hotel or rooming house, nor the premises occupied by a single or
multiple unit residence. "Established place of business" only includes a place with an outdoor lot capable of parking at least 5 vehicles or an indoor lot with space for a minimum of one vehicle to be parked in its indoor showroom. The established place of business of a scrap
processor shall be the fixed location where the scrap processor maintains
its principal place of business. The Secretary of State shall, by rule and
regulation, adopt guidelines for the administration and enforcement of this
definition, such as, but not limited to issues concerning the required
hours of operation, describing where vehicles are displayed and offered for
sale, where books and records are maintained and requirements for the
fulfillment of warranties. A dealer may have an additional place of business
as defined under this Section.
"Motor vehicle financing affiliate" means a business organization
registered to
do
business in Illinois that, pursuant to a written contract with either (1) a
single new or used
motor vehicle dealer or (2) a single group of new or used motor vehicle dealers
that share
a common ownership within the group, purchases new or used motor vehicles on
behalf
of the dealer or group of dealers and then sells, transfers, or assigns those
motor vehicles
to the dealer or group of dealers. The motor vehicle financing affiliate must
be
incorporated or organized solely to purchase new or used vehicles on behalf of
the new or
used motor vehicle dealer or group of dealers with which it has contracted,
shall not sell
motor vehicles at retail, shall perform only those business functions related
to the
purchasing of motor vehicles and selling, transferring, or assigning those
motor vehicles
to the dealer or group of dealers. The motor vehicle financing affiliate must
be licensed
under the provisions of Section 5-101.1 and must not be licensed as a new or
used motor
vehicle dealer.
"Off site sale" means the temporary display and sale of vehicles, for a
period of not more than 7 calendar days (excluding Sundays), by a dealer
licensed under Section 5-101 or 5-102 at a place other than the dealer's
established and additional places of business.
"Relevant market area", for a new vehicle dealer licensed under Section
5-101 and for a used vehicle dealer licensed under Section 5-102, means the
area within 10 miles of the established or additional place of business of the
dealer located in a county with a population of 300,000 or more, or within 15
miles if the established place of business is located in a county with a
population of less than 300,000.
"Trade show exhibition" means a temporary display of vehicles,
by dealers licensed under Section 5-101 or 5-102, or any other
person as defined in subsection (c) of Section 5-102.1, at a location at which
no vehicles are offered for sale that is conducted at a place other than the
dealer's established and additional places of business. In order for a display
exhibition to be considered a trade
show exhibition, it must be participated in by at least 3
dealers, 2 of which must be licensed under Section 5-101 or 5-102; and
a trade show exhibition of new vehicles shall only be participated in by
licensed new vehicle dealers at least 2 of which must be licensed under Section
5-101.
(Source: P.A. 102-154, eff. 1-1-22.)
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