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91_HB3138eng HB3138 Engrossed LRB9109952ACtmA 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 HB3138 Engrossed -2- LRB9109952ACtmA 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. HB3138 Engrossed -3- LRB9109952ACtmA 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 HB3138 Engrossed -4- LRB9109952ACtmA 1 becoming law.