CHAPTER 111: PEDDLERS, HAWKERS, TRANSIENT MERCHANTS AND THE LIKE
Section
Transient Merchants, Generally
   111.001   Definitions
   111.002   Exemptions
   111.003   Prima facie evidence
   111.004   Certificate and security required
   111.005   Holding inventory
Transient Merchants, Licenses
   111.015   Required
   111.016   Application; contents
   111.017   Fee
   111.018   Bond
   111.019   Expiration
   111.020   Display
Peddlers and Hawkers, Generally
   111.030   Defined
   111.031   Exemptions
   111.032   Hours
   111.033   Fraud
   111.034   Failure to leave upon request
   111.035   Posted premises and residences
Peddlers and Hawkers, Licenses
   111.045   Required
   111.046   Application
   111.047   Issuance
   111.048   Fees
   111.049   Expiration
Food Vendors, Restrictions
   111.090   Location
   111.091   Prohibited conduct
   111.092   Advertising
Food Vendors, Revocation and Suspension of License
   111.105   Required
Sidewalk Cafés
   111.115   Definitions
   111.116   Permit required
   111.117   Permit requirements
   111.118   Term
   111.119   Fee
   111.120   Inspection; records
   111.121   Plan of operation
   111.122   Restrictions
   111.123   Revocation or suspension
   111.124   Additional provisions applicable to the sale or consumption of alcoholic liquor at a sidewalk café
   111.125   Additional provision applicable to sidewalk cafés not licensed for the sale of alcoholic liquor
Statutory reference:
   Transient Merchant Act of 1987, see ILCS Ch. 225, Act 465
TRANSIENT MERCHANTS, GENERALLY
§ 111.001 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ITINERANT VENDOR. Any person who transports tangible personal property for retail sale within this state who does not maintain in this state an established office, distribution house, sales house, warehouse, service center or residence from which the business is conducted.
   TRANSIENT MERCHANT. Any person who is engaged temporarily in the retail sale of goods, wares or merchandise in this state and who, for the purpose of conducting the business, occupies any building, room, vehicle, structure of any kind or vacant lot.
(1990 Code, § 19-26) (Ord. 74-314, passed 3-18-1974; Ord. 90-1344, passed 5-7-1990)
Statutory reference:
   Similar provisions, see ILCS Ch. 225, Act 465, § 2
§ 111.002 EXEMPTIONS.
   (A)   This subchapter and §§ 111.015 through 111.020 do not apply to any person selling goods, wares or merchandise which are raised, produced or manufactured by him or her, to any person selling vegetables, fruit or perishable farm products at an established city or village market, to any person operating a store or refreshment stand at a resort, to any person operating a stand or booth on or adjacent to property owned by him or her or upon which he or she resides, or to any person operating a stand or booth at a state or county fair.
   (B)   This subchapter and §§ 111.015 through 111.020 do not apply to any person who delivers tangible personal property within this state who is fulfilling an order for property which was solicited or placed by mail or other means. This subchapter and §§ 111.015 through 111.020 do not apply to any person holding a valid license, issued by a county or municipality, to engage in retail sales.
(1990 Code, § 19-27) (Ord. 74-314, passed 3-18-1974; Ord. 90-1344, passed 5-7-1990)
Statutory reference:
   Similar provisions, see ILCS Ch. 225, Act 465, § 2
§ 111.003 PRIMA FACIE EVIDENCE.
   It shall be prima facie evidence that a person is a transient merchant or itinerant vendor under this subchapter and §§ 111.015 through 111.020 if the person does not transact business from a fixed location or if the person does not own, or lease for a term of at least six months, the property from which business is conducted.
(1990 Code, § 19-28) (Ord. 74-314, passed 3-18-1974; Ord. 90-1344, passed 5-7-1990)
Statutory reference:
   Similar provisions, see ILCS Ch. 225, Act 465, § 6
§ 111.004 CERTIFICATE AND SECURITY REQUIRED.
   It is unlawful for any person, either as principal or agent, to conduct business as a transient merchant or itinerant vendor in this city without first complying with the requirements of § 2a of the Retailers’ Occupation Tax Act (ILCS Ch. 35, Act 120) by obtaining a certificate of registration and by posting bond or other approved security.
(1990 Code, § 19-29) (Ord. 74-314, passed 3-18-1974; Ord. 90-1344, passed 5-7-1990) Penalty, see § 10.99
Statutory reference:
   Similar provisions, see ILCS Ch. 225, Act 465, § 3
§ 111.005 HOLDING INVENTORY.
   If any person makes retail sales as a transient merchant or itinerant vendor without having obtained a license under this subchapter and §§ 111.015 through 111.020, the Police Department may hold the inventory, truck or other personal property of the person until he or she obtains a license to conduct business as a transient merchant or itinerant vendor. If the property has been held by the Police Department for more than 60 days and the person whose property is being held has not obtained a license, the Police Department or the city may petition the Circuit Court for an order for the sale of the property being held. If the court finds that the person whose property is held has not obtained a license, the Court may order the Police Department or the city to sell the property. Proceeds of the sale of the property, less reimbursement to the Police Department of the reasonable expenses of storage and sale of the property, shall be deposited in the city treasury.
(1990 Code, § 19-30) (Ord. 74-314, passed 3-18-1974; Ord. 90-1344, passed 5-7-1990)
Statutory reference:
   Similar provisions, see ILCS Ch. 225, Act 465, § 5
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