§ 5-501

Illinois § 5-501

• Jurisdiction: Illinois
• Topic: TRANSPORTATION
• Ch. 625: VEHICLES
• Act 625 ILCS 5/: Illinois Vehicle Code.
• Art.: Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders

Text

Denial, suspension or revocation or cancellation of a license. (a) The license of a person issued under this Chapter may be denied, revoked or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a ten percent or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has: 1. Violated this Act; 2. Made any material misrepresentation to the Secretary of State in connection with an application for a license, junking certificate, salvage certificate, title or registration; 3. Committed a fraudulent act in connection with selling, bartering, exchanging, offering for sale or otherwise dealing in vehicles, chassis, essential parts, or vehicle shells; 4. As a new vehicle dealer has no contract with a manufacturer or enfranchised distributor to sell that new vehicle in this State; 5. Not maintained an established place of business as defined in this Code; 6. Failed to file or produce for the Secretary of State any application, report, document or other pertinent books, records, documents, letters, contracts, required to be filed or produced under this Code or any rule or regulation made by the Secretary of State pursuant to this Code; 7. Previously had, within 3 years, such a license denied, suspended, revoked, or cancelled under the provisions of subsection (c)(2) of this Section; 8. Has committed in any calendar year 3 or more violations, as determined in any civil or criminal proceeding, of any one or more of the following Acts: a. the "Consumer Finance Act"; b. the "Consumer Installment Loan Act"; c. the "Retail Installment Sales Act"; d. the "Motor Vehicle Retail Installment Sales Act"; e. "An Act in relation to the rate of interest and other charges in connection with sales on credit and the lending of money", approved May 24, 1879, as amended; f. "An Act to promote the welfare of wage-earners by regulating the assignment of wages, and prescribing a penalty for the violation thereof", approved July 1, 1935, as amended; g. Part 8 of Article XII of the Code of Civil Procedure; or h. the "Consumer Fraud Act"; 9. Failed to pay any fees or taxes due under this Act, or has failed to transmit any fees or taxes received by him for transmittal by him to the Secretary of State or the State of Illinois; 10. Converted an abandoned vehicle; 11. Used a vehicle identification plate or number assigned to a vehicle other than the one to which originally assigned; 12. Violated the provisions of Chapter 5 of this Act, as amended; 13. Violated the provisions of Chapter 4 of this Act, as amended; 14. Violated the provisions of Chapter 3 of this Act, as amended; 15. Violated Section 21-2 of the Criminal Code of 1961 or the Criminal Code of 2012, Criminal Trespass to Vehicles; 16. Made or concealed a material fact in connection with his application for a license; 17. Acted in the capacity of a person licensed or acted as a licensee under this Chapter without having a license therefor; 18. Failed to pay, within 90 days after a final judgment, any fines assessed against the licensee pursuant to an action brought under Section 5-404; 19. Failed to pay the Dealer Recovery Trust Fund fee under Section 5-102.7 of this Code; 20. Failed to pay, within 90 days after notice has been given, any fine or fee owed as a result of an administrative citation issued by the Secretary under this Code; 21. Violated Article 16 or 17 of the Criminal Code of 2102; 22. Was convicted of a forcible felony under either the Criminal Code of 1961 or Criminal Code of 2012 or convicted of a similar out-of-state offense; 23. Offered for private sale a motor vehicle in the licensee's or exhibitor's inventory. (b) In addition to other grounds specified in this Chapter, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such license, for any of the following violations of the "Retailers' Occupation Tax Act", the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act: 1. Failure to make a tax return; 2. The filing of a fraudulent return; 3. Failure to pay all or part of any tax or penalty finally determined to be due; 4. Failure to comply with the bonding requirements of the "Retailers' Occupation Tax Act". (b-1) In addition to other grounds specified in this Chapter, the Secretary of State, on complaint of the Motor Vehicle Review Board, shall refuse the issuance or renewal of a license, or suspend or revoke that license, if costs or fees assessed under Section 29 or Section 30 of the Motor Vehicle Franchise Act have remained unpaid for a period in excess of 90 days after the licensee received from the Motor Vehicle Board a second notice and demand for the costs or fees. The Motor Vehicle Review Board must send the licensee written notice and demand for payment of the fees or costs at least 2 times, and the second notice and demand must be sent by certified mail. (c) Cancellation of a license. 1. The license of a person issued under this Chapter may be cancelled by the Secretary of State prior to its expiration in any of the following situations: A. When a license is voluntarily surrendered, by the licensed person; or B. If the business enterprise is a sole proprietorship, which is not a franchised dealership, when the sole proprietor dies or is imprisoned for any period of time exceeding 30 days; or C. If the license was issued to the wrong person or corporation, or contains an error on its face. If any person above whose license has been cancelled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as any other new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license. 2. The license of a person issued under this Chapter may be cancelled without a hearing when the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10 per cent or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or member of the applicant or the licensee has been convicted of any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in vehicles, chassis, essential parts, vehicle shells, or ownership documents relating to any of the above items.

Legislative History

(Source: P.A. 104-63, eff. 1-1-26 .)