The applicant for an itinerant vendor's or transient merchant's certificate of registration shall pay a fee upon application for a certificate of registration as specified from time to time in section 1-10-7 of this code. The village president or his or her designee shall determine, based upon the application submitted, whether the applicant under this chapter is a transient merchant or itinerant vendor. It shall be prima facie evidence that a person is a transient merchant or itinerant vendor 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 (6) months the property from which business is conducted. A certificate of registration shall issue to any qualified applicant upon the posting of the appropriate bond or cash deposit as follows:
A. Surety Bond: The applicant for a transient merchant's or itinerant vendor's certificate shall file with the police department serving the village a surety bond or shall make a cash deposit. The amount of the bond or deposit shall be equal to fifty percent (50%) of the wholesale value of the merchandise that the applicant intends to offer for sale; however, the amount of the bond or deposit shall not be less than as specified from time to time in section 1-10-7 of this code.
B. Expiration Of Certificate: A certificate issued under this section shall expire on December 31 of the year it was issued.
C. Sales Without Certificate: If any person makes retail sales as a transient merchant or itinerant vendor without having obtained a certificate under this chapter, the police department serving the village may hold the inventory, truck or other personal property of the person until he obtains a certificate to conduct business as a transient merchant or itinerant vendor. If the property has been held by the police department serving the village for more than sixty (60) days and the person whose property is being held has not obtained a certificate under this chapter, the village 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 certificate under this chapter, the court may order the village to sell the property. The proceeds of such sale, less reimbursement to the village of the reasonable expenses of storage and sale of the property, shall become the property of the village and shall be paid to the village treasurer.
D. Additional Requirements: It is a violation of this section for any person, either as principal or agent, to conduct business as a transient merchant or itinerant vendor in this village without first:
2. Obtaining a certificate of registration and posting such bond or other approved security as required under this section. (Ord. 2008-O-05, 2-5-2008)
Notes
| 1 | 1. 65 ILCS. See section 2-1-1 of this title. |