HomeMy WebLinkAboutOrd 5880 10/04/2011ORDINANCE NO. 5880
AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE OF THE VILLAGE OF
MOUNT PROSPECT, ILLINOIS, REGARDING BUSINESS DISTRICT RETAILERS'
OCCUPATION AND SERVICE OCCUPATION TAXES
FOR BUSINESS DISTRICT NO. 1
WHEREAS, the Village of Mount Prospect has approved a Redevelopment Agreement
for redevelopment of the property commonly known as the Randhurst Shopping Mall; and
WHEREAS, the Agreement calls for the establishment of a 0.25% Retailer's Occupation
Tax to be imposed and collected within the Business District, Mount Prospect Business District
No. 1, that is in addition to all other taxes collected within the District; and
WHEREAS, the imposition of a Business District Retailers' Occupation Tax and a
Business District Service Occupation Tax are authorized by subsections (b) and (c) respectively
of Section 11- 74.3 -6 of the Illinois Municipal Code, 65 II-CS 5/11- 74.3 -6; and
WHEREAS, the President and Board of Trustees have determined that it is in the best
interests of the Village to impose such taxes.
NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the
Village of Mount Prospect, Cook County, Illinois, as follows:
SECTION 1 : Article XXIV, entitled "Business District Municipal Retailers' Occupation
And Service Occupation Taxes" of Chapter 8, "Village Government Miscellaneous Provisions ",
of the Village of Mount Prospect Village Code shall be deleted in its entirety and a new Article
XXIV inserted in its place, to be and read as follows:
ARTICLE XXIV
BUSINESS DISTRICT RETAILERS'
OCCUPATION AND SERVICE OCCUPATION TAXES
8.2401 PURPOSE:
Business District Retailers' Occupation and Service Occupation Taxes are hereby
established for the purpose of planning, execution and implementation of business district plans
and to pay for business district project costs in Business District No. 1 in the Village of Mount
Prospect.
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8.2402 IMPOSITION OF TAX:
A. Tangible Personal Property Effective January 1, 2012, a Business District
Retailers' Occupation Tax is imposed upon all persons engaged in the business of selling
tangible personal property, other than an item of tangible personal property titled or registered
with an agency of the State of Illinois' government, at retail within Mount Prospect Business
District No. 1, at the rate set forth in Appendix A, Division II of this Code, on the gross receipts
from such sales made in the course of such business.
B. Tangible Personal Property in Connection with the Sale of a Service. Effective
January 1, 2012, a Business District Service Occupation Tax is imposed upon all persons
engaged in the business of making sales of service within Mount Prospect Business District No.
1 who, as an incident to making those sales of service, transfer tangible personal property within
Mount Prospect Business District No. 1, at the rate set forth in Appendix A, Division II of this
Code. This tax shall apply only to the tangible property that is transferred as an incident of the
service.
C. Exemptions Business District Retailers' Occupation and Service Occupation
Taxes shall not be applicable to the sales of food for human consumption, which food 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 non - prescription
medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of
rendering it usable by a disabled person, and insulin, urine testing materials, syringes and
needles used by diabetics.
8.2403 COLLECTION OF TAX:
The taxes that are the subject of this Article, and all civil penalties that may be assessed
pursuant to Article XX of this Chapter, shall be collected by the Department of Revenue of the
State of Illinois. The Department of Revenue shall have full power to administer and enforce the
provisions of this Article.
SECTION 2: Section 8.2402 entitled "Imposition of Tax" of Chapter 8 listed in
Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be
amended as follows:
Sec. 8.2402 IMPOSITION OF TAX:
A. 0.25% on the gross receipts from sales.
B. 0.25% on the selling price of tangible personal property transferred incident to a
sale of service.
SECTION 3 : The Village Clerk is hereby directed to file a certified copy of this
Ordinance with the Illinois Department of Revenue.
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SECTION 4 : All ordinances and regulations, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective
date of this Ordinance.
SECTION 5 : This Ordinance shall be in full force and effect from and after its adoption
and approval as provided by law.
AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 4th day of October, 2011.
� -� �- -
rvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
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