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O-08-15VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -15 AN ORDINANCE AUTHORIZING A ONE PERCENT HOME RULE MUNICIPAL RETAILERS' OCCUPATION TAX AND HOME RULE MUNICIPAL SERVICE OCCUPATION TAX PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of April , 2008. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21s day of April , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -15 AN ORDINANCE AUTHORIZING A ONE PERCENT HOME RULE MUNICIPAL RETAILERS' OCCUPATION TAX AND HOME RULE MUNICIPAL SERVICE OCCUPATION TAX WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to the provisions of Article VII, Section 6 of the Illinois Constitution of 1970; and, WHEREAS, as a home rule unit of local government the Village may exercise any power and perform any function pertaining to its government and affairs, except as limited by Article VII, Section 6 of the Illinois Constitution of 1970; and, WHEREAS, as a home rule municipality, the Village of Deerfield is authorized pursuant to Sections 8 -11 -1 and 8 -11 -5 of the Illinois Municipal Code (65 ILCS 5/8 -11 -1 and 5/8 -11 -5) to impose, in one - quarter percent (1/4 %) increments, a Home Rule Municipal Retailers Occupation Tax upon all persons engaged in the business of selling tangible personal property at retail in the Village, and a Home Rule Municipal Service Occupation Tax upon all persons engaged in the business of making sales of service in the Village; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that it is in the best interests of the Village to impose, effective January 1, 2009, a Home Rule Municipal Retailers Occupation Tax at the rate of one percent (1 %) on all persons engaged in the business of selling tangible personal property at retail within the Village, and a Home Rule Municipal Service Occupation Tax at the rate of one percent (1%) on all persons engaged in the business of making sales of service within the Village; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that the January 1, 2010 sunset of the Village's Home Rule Municipal Retailers Occupation Tax and the Village's Home Rule Municipal Service Occupation Tax established by Ordinance 0 -04 -05 shall be repealed; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: Imposition of the Home Rule Municipal Retailers Occupation Tax at the Rate of One Percent (1 %) Effective January 1, 2009: Effective January 1, 2009, the Home Rule Municipal Retailers= Occupation Tax imposed by the Village of Deerfield on all persons engaged in the business of selling tangible personal property at retail within the Village, other than items of tangible personal property titled or registered with an agency of this State's government, currently imposed at the rate of one -half percent pursuant to Ordinance 0- 04 -05, shall be established and is hereby imposed at the rate of one percent (1 %) on the gross receipts from such sales, all in accordance with the provisions of Section 8 -11 -1 of the Illinois Municipal Code. Said tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. SECTION 2: Imposition of Home Rule Municipal Service Occupation Tax at the Rate of One Percent 0 %) Effective January 1, 2009: Effective January 1, 2009, the Home Rule Municipal Service Occupation Tax imposed by the Village of Deerfield on all persons -2- engaged in the Village in the business of making sales of service of tangible personal property transferred by such servicemen as an incident to a sale of service, currently imposed at the rate of one -half percent pursuant to Ordinance 0- 04 -05, shall be established and is hereby imposed at the rate of one percent (1 %) on all persons engaged in the business of making such sales of service of tangible personal property transferred by such servicemen as an incident to a sale of service, all in accordance with the provisions of Section 8 -11 -5 of the Illinois Municipal Code. Said tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. SECTION 3: That Section 9 -7 of Article 2, "Municipal Retailers= Occupation Tax," of the Municipal Code of the Village of Deerfield, as amended, is hereby further amended to read as follows (additions and deletions are indicated, respectively, by underlining and by strikethrough markings): Sec. 9 -7. Tax Imposed; Rate: (a) Retailers Occupation Tax Imposed. A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property at retail in the village at the rate of one percent (1 %) of the gross receipts from such sales made in the course of business while this article is in effect, in accordance with the provisions of 65 Illinois Compiled Statutes 5/8 -11 -1. (M.C. 1963, § 16.401; amd. Ord. 0- 67 -41; Ord. 9- 69 -29) (b) Home Rule Municipal Retailers' Occupation Tax Effective until December 31, 2008. In addition to subsection (a) of this section a one -half of one percent (1/2 %) tax, effective January 1, 2005, is hereby imposed upon all persons engaged in the business of selling tangible personal property at retail in the village, other than an item of tangible personal property titled or registered with an agency of this state's government, at the rate of one half of one percent (1/2 %) of the gross receipts from such sales made in the course of such business, -3- all in accordance with the provisions of 65 Illinois Compiled Statutes 5/8 -11 -1. This home rule municipal retailer's occupation tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. This tax shall be effective until December 31, 2008, when it shall be increased to a one percent (1%) as provided in subsection (c) of this section. (c) Home Rule Municipal Retailers' Occupation Tax Effective As Of January 1, 2009. Effective January 1, 2009, the home rule municipal retailers' occupation tax imposed by subsection (b) of this section upon all person engaged in the village of selling tangible personal property at retail in the village, other than an item of tangible personal property titled or registered with an agency of this state's government, shall be increased to the rate of one percent (1%) of the gross receipts from such sales made in the course of such business, all in accordance with the provisions of 65 Illinois Compiled Statutes 5/8 -11 -1. This home rule municipal retailer's occupation tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. (Ord. 0- 04 -45, 8 -16 -2004) SECTION 4: That Section 9 -10 of Article 3, "Municipal Service Occupation Tax," of the Municipal Code of the Village of Deerfield, as amended, is hereby furthered amended to read as follows (additions and deletions are indicated, respectively, by underlining and by strikethrough markings): Sec. 9 -10. Tax Imposed; Rate: (a) Service Occupation Tax. A tax is hereby imposed upon all persons engaged in the village in the business of making sales of service at the rate of one percent (1%) of the cost price of all tangible personal property transferred of said servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, in accordance with the provisions of 65 Illinois Compiled Statutes 5/8 -11 -5. (M.C. 1963, § 17.901; amd. Ord. 0- 67 -43; Ord. 0- 67 -47; Ord. 0- 68 -19; Ord. 0- 69 -30) (b) Home Rule Municipal Service Occupation Tax Effective Until December 31, 2008. In addition to subsection (a) of this section a tax, effective January 1, 2005, is hereby imposed upon all persons engaged in the village in the business -4- of making sales of service at the rate of one -half of one percent (1/2 %) of the selling price of all tangible personal property transferred by said servicemen in the form of tangible personal property or in the form of real estate as an incident to a sale of service, all in accordance with the provisions of 65 Illinois Compiled Statutes 5/8 -11 -5. This home rule municipal service occupation tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. This tax shall be effective until December 31, 2008, when it shall be increased to the rate of one percent (1 %) as provided in subsection (c) of this section. (c) Home Rule Municipal Service Occupation Tax Effective As Of January 1, 2009. Effective January 1, 2009, the tax imposed by subsection (b) of this section upon all persons engaged in the village in the business of making sales of service shall be increased to the rate of percent (1%) of the selling price of all tangible personal property transferred by said servicemen in the form of tangible personal property or in the form of real estate as an incident to a sale of service, all in accordance with the provisions of 65 Illinois Compiled Statutes 5/8 -11 -5. This home rule municipal service occupation tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. (Ord. 0- 04 -45, 8 -16 -2004) SECTION 5: That the Village Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Illinois Department of Revenue on or before the first day of October, 2008. SECTION 6: That the additional taxes hereby imposed by this ordinance shall take effect on the first day of January 2009, following the adoption and filing of a certified copy of this ordinance with the Illinois Department of Revenue. SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) -5- legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 8: That this Ordinance shall be in full force and effect from and after its passage and approval, and shall subsequently be published in pamphlet form as provided by law. PASSED this 21st day of April , 2008. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 21st d, A TTEST: Vil ge Clerk W Illinois Department of Revenue 0 Legal Services Office 5 -500 " 101 W. Jefferson St. Springfield, IL 62794 August 4, 2008 Robert Fialkowski Director of Finance /Treasurer Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Dear Mr. Fialkowski: This is to acknowledge receipt of the Village of Deerfield's Ordinance No. 0 -08 -15 which increases the Home Rule Municipal Retailers' Occupation Tax and Home Rule Municipal Service Occupation Tax to the rate of I%. With this increase, the general merchandise rate will be 10% in Cook County and 8% in Lake County. The Illinois Department of Revenue shall collect, administer and enforce the increased Home Rule Municipal Retailers' Occupation Tax and Home Rule Municipal Service Occupation Tax effective January 1, 2009, in accordance with the provisions of 65 ILCS 5/8 -11 -1 and 65 ILCS 5/8 -11 -5. If you have any questions regarding this matter, please contact our office at the number listed below. Very truly yours, Samuel J. ore Associate Counsel (217) 782 -2844 Cc: Cecil Denton, Local Tax Allocation Division i ',, AUG - „ 2008