HomeMy WebLinkAboutOrd 6799 08/16/2025 Implementing A Municipal Grocery Retailers' Occupation Tax And A Mmunicipal Grocery Service Occupation Tax For The Village Of Mount ProspectORDINANCE NO. 6799
AN ORDINANCE IMPLEMENTING A MUNICIPAL GROCERY RETAILERS' OCCUPATION TAX AND
A MUNICIPAL GROCERY SERVICE OCCUPATION TAX FOR THE VILLAGE OF MOUNT PROSPECT
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, the Village of Mount Prospect is a home rule Illinois municipality pursuant to the
Constitution of the State of Illinois of 1970, as amended; and,
WHEREAS, Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) provides that,
beginning on January 1, 2026, all Illinois municipalities may impose a tax "upon all persons
engaged in the business of selling groceries at retail in the municipality" (the "Municipal
Grocery Tax") (65 ILCS 5/8-11-24); and,
WHEREAS, the Municipal Grocery Retailers' Occupation Tax may be imposed "at the rate of 1%
of the gross receipts from these sales" (65 ILCS 5/8-11-24); and,
WHEREAS, any Municipal Grocery Retailers' Occupation Tax shall be administered, collected
and enforced by the Illinois Department of Revenue; and,
WHEREAS, Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) requires any
municipality imposing a Municipal Grocery Retailers' Occupation Tax under Section 8-11-24 of
the Illinois Municipal Code (65 ILCS 5/8-11-24) 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" (the "Municipal Grocery Service Occupation Tax") (65 ILCS 5/8-11-24); and,
WHEREAS, any Municipal Grocery Service Occupation Tax shall be administered, collected and
enforced by the Illinois Department of Revenue; and,
WHEREAS, the Mayor and Village Board of Trustees believe that it is appropriate, necessary and
in the best interests of the Village of Mount Prospect and its residents, that the Village levy a
Municipal Grocery Retailers' Occupation Tax as permitted by Section 8-11-24 of the Illinois
Municipal Code (65 ILCS 5/8-11-24).
NOW, THEREFORE, be it ordained, by the Mayor and Board of Trustees of the Village of Mount
Prospect, Cook County, Illinois:
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Section 1. Incorporation of Recitals, The foregoing recitals shall be and are hereby
incorporated as findings of fact as if said recitals were fully set forth herein.
Section 2. Municipal Grocery Retailers' Occupation Tax Imposed. A tax is hereby
imposed upon all persons engaged in the business of selling groceries at retail in this
municipality at the rate of 1% of the gross receipts from such sales made in the course of such
business while this Ordinance is in effect. The imposition of this tax is in accordance with and
subject to the provisions of Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24).
Section 3. Municipal Grocery Service Occupation Tax, A tax is hereby imposed upon all
persons engaged in this 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.
The rate of this tax shall be the same rate identified in Section 2, above. The imposition of this
tax is in accordance with and subject to the provisions of Section 8-11-24 of the Illinois
Municipal Code (65 ILCS 5/8-11-24).
Section 4. Illinois Department of Revenue to Administer Roth Taxes,. 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. The Illinois Department of
Revenue shall have full power to administer and enforce the provisions of this Ordinance.
Section 5. Clerk to file Ordinance with the Illinois De artment of Revenue. As required
under Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24), the Clerk is hereby
directed to file a certified copy of this Ordinance with the Illinois Department of Revenue on or
before October 1, 2025.
Section 6. Effective Date, The taxes imposed by this Ordinance shall take effect on the
later of: (i) January 1, 2026; (ii) the first day of July next following the adoption and filing of this
Ordinance with the Department of Revenue, if filed on or before the preceding April 1st; or, (iii)
the first day of January next following the adoption and filing of this Ordinance with the
Department of Revenue, if filed on or before the preceding October 1st.
Section 7. Repeal of Conflicting Provisions, All ordinances, resolutions and policies 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 8. Severability, If any provision of this Ordinance or application thereof to any
person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not
affect other provisions or applications of this Ordinance that can be given effect without the
invalid application or provision, and each invalid provision or invalid application of this
Ordinance is severable.
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Section 9. Headings/Captions. The headings/captions identifying the various sections
and subsections of this Ordinance are for reference only and do not define, modify, expand or
limit any of the terms or provisions of the Ordinance.
Section 10. Publication. The Clerk is directed by the corporate authorities to publish this
Ordinance in pamphlet form. This Ordinance shall be in full force and effect after its passage
and publication in accordance with 65 ILCS 5/1-2-4.
PASSED THIS 6th day of August, 2025.
AYES: Dante, DiPrima, Gens, Grossi, Matuszak, Saccotelli
NAYS: None
ABSENT: None
APPROVED THIS 6th day of August, 2025.
ATTEST: AAll
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Karen M. Agoranos, illage Clerk
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