HomeMy WebLinkAboutO-25-15VILLAGE OF DEERFIELD
ORDINANCE NO. 2025- 0-25-15
AN ORDINANCE IMPLEMENTING A MUNICIPAL
GROCERY RETAILERS' OCCUPATION TAX AND
A MUNICIPAL GROCERY 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; and
WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-1, provides that the corporate
authorities of each municipality may pass all ordinances and make all rules and regulations
proper or necessary, to carry into effect the powers granted to municipalities, with such fines
or penalties as may be deemed proper; and
WHEREAS, Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24)
("Act') provides that, beginning on January 1, 2026, all Illinois municipalities may impose a
municipal grocery retailers' occupation tax "upon all persons engaged in the business of
selling groceries at retail in the municipality' ("Municipal Grocery Retailer Tax'); and
WHEREAS, the Act further provides that the Municipal Grocery Retailer Tax may
be imposed "at the rate of 1% of the gross receipts from these sales"; and
WHEREAS, the Act requires municipalities imposing a Municipal Grocery Retailer
Tax to also impose a service occupation tax at the same rate, "upon all persons engaged, in
the municipality, in the business of making sales of service, who, as an incident to making
those sales of service, transfer groceries" as "an incident to a sale of service" ("Municipal
Grocery Service Tax'); and
WHEREAS, any Municipal Grocery Retailer Tax and Municipal Grocery Service Tax
shall be administered, collected and enforced by the Illinois Department of Revenue
("IDOR'); and
WHEREAS, Chapter 9 of "The Municipal Code of the Village of Deerfield, Illinois,
1975," as amended ("Village Code'), imposes certain taxes within the Village; and
WHEREAS, the Village Board desires to amend the Village Code to impose the
Municipal Grocery Retailer Tax and the Municipal Grocery Service Tax pursuant to the Act;
and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend Chapter 9 of the Village Code and levy a
Municipal Grocery Retailer Tax and Municipal Grocery Service Tax pursuant to and as
permitted by the Act;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
4901-9222-4583, v. 2
SECTIOMONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: ADOPTION OF GROCERY TAXES. Chapter 9, titled
"Finance and Taxation," of the Village Code is hereby amended to add a new Article 14 titled
"Grocery Taxes," which shall be and read as follows:
"Article 14. Grocery Taxes
Sec. 9-100. Definitions.
Whenever used in this Article 14. the term "Grocery" shall have the
meaning ascribed to it in the Municipal Grocery Occupation Tax Law.
5 ILCS 5/8-11-24 et sea. All other terms used herein, unless otherwise
defined, shall have the meaning ascribed to them in the Illinoi
Retailers' Occupation Tax Act, 35 ILCS 120/1 et sea., as amended,
Sec, 9-101. Taxes imposed.
(a) Municipal Grocery Retailers' Occupation Tax. There is hereby
imposed a tax upon all persons engaged in the business of
selling groceries at retail in the Village at a rate of 1%_ of the
gross receipts from those sales made in the course of that
business on and after January 1, 2026. The imposition of this tax
in accordance with and subject to the provisions of Section 8-
11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24).
(b) Municipal Grocery Service Occupation Tax. There is hereby
imposed a tax upon all persons engaged in the business of
making sales of service in the Village, who, as an incident to
making those sales of service, transfer groceries as an incident
to a sale of service. The rate of this tax shall be 1% of the gros
receipts from those sales made by the business owner in the
course of that business on and after January 1 2026. The
imposition of this tax is in accordance with and subject to the
»r4yisions of Section 8-11-24 of the Illinois Municipal Code (65
ILCS 5/8-11-241
Sec, 9-102. Collection and administration.
The taxes hereby imposed, and all civil penalties that may be assessed
as an incident thereto shall be collected and enforced by the
Department of Revenue of the State of Illinois in accordance with the
provisions of Section 8-11-24 of the Illinois Municipal Code, 65 ILCS
/8-11-24 as amended. The Department of Revenue of the State of
Illinois shall have full Dower to administer and enforce the nrovisions
of this Article."
4901-9222-4583, v. 2
SECTION THREE: CLERK TO FILE ORDINANCE WITH IDOR. As required
under Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24), the Village Clerk is
hereby directed to file a certified copy of this Ordinance with IDOR on or before October 1,
2025.
SECTION FOUR: SEVERABILITY. If any paragraph section, clause, or provision
of this Ordinance is held invalid, the remainder shall continue in full force and effect without
affecting the validity of the remaining portions of the Ordinance.
SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and
effect after its passage and publication in the manner provided by law. The taxes imposed
pursuant to this Ordinance will take effect on January 1, 2026.
AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Greenberg
PASSED: June 16, 2025
APPROVED: June 18, 2025
ORDINANCE NO. 0-25-15
ATTEST: ' t
Z ✓
Kent S. Stre t, Village Cler
OF D
'O
o SEAL
Daniel C. hapiro, Mayor
4901-9222-4583, v. 2
VILLAGE OF DEERFIELD
CERTIFICATE
I, Daniel Van Dusen, Deputy Village Clerk of the Village of Deerfield, Illinois, hereby
certify that the foregoing ordinance entitled: "0-25-15: An Ordinance Implementing a
Municipal Grocery Retailers' Occupation Tax and a Municipal Grocery Service Occupation Tax"
is a true copy of an original ordinance that was duly passed and adopted by the recorded
affirmative votes of a majority of the members of the President and Board of Trustees of the
Village at a meeting thereof that was duly called and held at 7:30 p.m. on June 16, 2025, at the
Village Hall, 850 Waukegan Road, and at which a quorum was present and acting throughout,
and that said copy has been compared by me with the original ordinance signed by the Village
President on June 18, 2025, and recorded in the Ordinance Book of the Village and that it is a
correct transcript thereof and of the whole of said ordinance, and that said ordinance has not
been altered, amended, repealed or revoked, but is in full force and effect.
I further certify that the agenda for said meeting included the ordinance as a matter to
be considered at the meeting and that said agenda was posted at least 48 hours in advance of
the holding of the meeting in the manner required by the Open Meetings Act, 5 Illinois
Compiled Statutes 120, and was continuously available for public review during the 48-hour
period preceding the meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village,
this W°' day of I ui)' .2025.
(SEAL) r,.�°G� OF DEER,,'
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DANIEL VAN DUSEN
Deputy Village Clerk
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214