(A) It is a violation of this subchapter for any person, either as principal or agent, to conduct business as a transient merchant or vendor in this city without first complying with the requirements of the Illinois Retailers Occupation Tax Act, ILCS Ch. 35, Act 120, § 2a, by obtaining a certificate of registration and by posting bond or other approved security and without having obtained a license under this subchapter.
(B) Any person who wishes to obtain a license as a transient merchant or itinerant vendor shall file a written license application with the city’s Police Department.
(1) The license application shall include the applicant’s name, permanent business address (which must include a street address), residence address of the principal (and, if the applicant is a corporation, the residence addresses of its officers), the location at which the applicant intends to do business, the nature of the business the applicant intends to conduct, a copy of the applicant’s certificate of registration under the Retailers Occupation Tax Act, a complete inventory of the goods the applicant intends to offer for sale and a list of all licenses to conduct business as a transient merchant or an itinerant vendor obtained by the applicant in this state in the 12 months preceding the date of filing of the application.
(2) The applicant shall file with the city’s Police Department a surety bond or shall make a cash deposit. The amount of the bond or deposit shall be equal to 50% of the wholesale value of the merchan- dise the applicant intends to offer for sale. The amount of the bond or deposit shall not be less than $1,000 or more than $10,000.
(3) The Police Department shall transfer the deposit or bond to the Illinois Attorney General within 14 days after the applicant ceases to do business in its jurisdiction, and the Attorney General shall hold the deposit or bond for two years for the benefit of any person who suffers loss or damage as a result of the purchase of merchandise from the person licensed under this subchapter or as a result of the negligent or intentionally tortious act of the person licensed under this subchapter. The Attorney General shall pay any portion of the bond or deposit to any person in accordance with the order of a court without making an independent finding as to the amount of the bond or deposit that is payable to that person. Any balance of the deposit held by the Attorney General two years after the expiration of a license of a person under this subchapter shall be refunded to the person.
(4) A license issued under this subchapter shall expire on December 31 of the year it is issued. The Police Department shall collect a license application fee of $100 from any person wishing to conduct business as either a transient merchant or itinerant vendor under this subchapter.
(Ord. 0-88-2, passed 3-21-88) Penalty, see § 112.99