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HomeMy WebLinkAboutOrd 5781 12/15/2009 ORDINANCE NO. 5781 AN ORDINANCE ESTABLISHING A BUSINESS DISTRICT NO.1 BUSINESS DISTRICT MUNICIPAL RETAILERS' OCCUPATION TAX Passed and approved by the President and Board of Trustees the 15th day of December, 2009 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of December, 2009 ORDINANCE NO. 5781 AN ORDINANCE ESTABLISHING A BUSINESS DISTRICT NO.1 BUSINESS DISTRICT MUNICIPAL RETAilERS' OCCUPATION TAX 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 0.25% Retailer's Occupation Tax to be imposed and collected within the Business District that is in addition to all other taxes collected within the District; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to impose such tax. NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule powers, as follows: SECTION 1: A new Article XXIV entitled "Business District Municipal Retailer's Occupation Tax" shall be added to Chapter 8 entitled "Village Government Miscellaneous Provisions" to the Village of Mount Prospect Village Code and shall read as follows: ARTICLE XXIV BUSINESS DISTRICT MUNICIPAL RETAilERS' OCCUPATION TAX 8.2401 PURPOSE: A Business District Municipal Retailers' Occupation Tax is 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. (Ord. 4275,2-19-1991, eff. 9-1-1991: amd. Ord. 4613,1-18-1994). 8.2402 IMPOSITION OF TAX: A. TanQible Personal Property. Effective as of the date of the establishment of Business District No.1, 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, 243860_1 at retail in the Village 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. (Ord. 4275, 2-19-1991, eff. 9-1- 1991: amd. Ord. 4613,1-18-1994: Ord. 5189, 5-15-2001. B. TanQible Personal Property in Connection with the Sale of a Service. Effective as of the date of the establishment of Business District No.1, 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. 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. (Ord. 5156-A, 12-19-2000). 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 SECTION 3: This Ordinance shall be in full force and effect from and after its adoption and approval as provided by law. AYES: Hoefert, Juracek, Korn, Polit, Zadel NAYS: None ABSENT: Matuszak PASSED AND APPROVED this 15th day of December, 2009. tir~~~ ana Wilks Mayor ATTEST: ~? k', v1cjt: M. Lisa Angell Village Clerk H: \CLKO\WI N\ORDI NANCE2\BI Dtaxfinaldec2009 .doc 243860_1