Title XI BUSINESS REGULATIONS
Chapter 117 MUNICIPAL TAXATION
Article 1. Municipal Retailers’ Occupation Tax
117.01 Retailers’ occupation tax established.
117.02 Tax reports required.
117.03 Payment of tax.
117.04 Copy of ordinance to state.
117.05 Effective date of tax.
Article 2. Municipal Service Occupation Tax
117.10 Service occupation tax established.
117.11 Tax reports required.
117.12 Payment of tax.
117.13 Copy of ordinance to state.
117.14 Effective date of tax.
Article 3. Municipal Use Tax
117.20 Municipal use tax established.
117.21 Collection and payment.
117.22 Copy of ordinance to state.
117.23 Effective date of tax.
Article 4. Automobile Renting Occupation Tax
117.30 Imposition--Rate.
117.31 Report filed with State Department of Revenue.
117.32 Payment of tax.
Article 5. Automobile Renting Use Tax
117.40 Imposition--Rate.
117.41 Collection and payment.
Article 6. Utility Tax*
*Note to Article 6
117.50 Imposition--Rate.
117.51 Exemptions.
117.52 Tax imposed in addition to other charges.
117.53 Definitions.
117.54 Effective date of tax.
117.55 Tax returns and payment.
117.56 Credit for overpayments.
117.57 Limitations of action.
Article 7. Hotel/Motel Tax
117.60 Definitions.
117.61 Tax imposed.
117.62 Payment and collection.
117.63 Reports and records.
117.64 Transmittal of tax revenue.
117.65 Disposition of proceeds from tax and fines.
117.66 Interest and penalties.
117.99 Penalty.
Article 1. Municipal Retailers’ Occupation Tax
117.01 Retailers’ occupation tax established.
A tax is imposed upon all persons engaged in the business of selling
tangible personal property at retail in this city at the rate of 1% of the gross
receipts from such sales made in the course of the business while this section
is in effect, in accordance with the provisions of state statutes. (Ord. 625,
passed 8-5-69)
117.02 Tax reports required.
Every person engaged in such business in the city shall file on or before
the last day of each calendar month, the report to the State Department of
Revenue required by state statute. (Ord. 625, passed 8-5-69)
117.03 Payment of tax.
At the time the report is filed there shall be paid to the State
Department of Revenue the amount of tax imposed on account of the receipts from
sales of tangible personal property during the preceding month. (Ord. 625,
passed 8-5-69)
117.04 Copy of ordinance to state.
The city clerk is directed to transmit to the State Department of Revenue
a certified copy of Sections 117.01 to 117.05, not later than August 10, 1969.
(Ord. 625, passed 8-5-69)
117.05 Effective date of tax.
Sections 117.01 through 117.05 were published as provided in S.H.A. Ch.
24, Section 1-2-4 and became effective October 1, 1969. (Ord. 625, passed
8-5-69)
Article 2. Municipal Service Occupation Tax
117.10 Service occupation tax established.
A tax is imposed upon all persons engaged in this municipality in the
business of making sales of service at the rate of three-quarters of 1% of the
cost price of all tangible personal property transferred by the 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 state
statutes. (Ord. 626, passed 8-5-69)
117.11 Tax reports required.
Every supplier or serviceman required to account for municipal service
occupation tax for the benefit of this municipality shall file, on or before the
last day of each calendar month, the report to the State Department of Revenue
required by S.H.A. Ch. 120, Section 439.109. (Ord. 626, passed 8-5-69)
117.12 Payment of tax.
At the time the report is filed there shall be paid to the State
Department of Revenue the amount of tax imposed. (Ord. 626, passed
8-5-69)
117.13 Copy of ordinance to state.
The city clerk is directed to transmit to the State Department of Revenue
a certified copy of this ordinance no later than August 10, 1969. (Ord. 626,
passed 8-5-69)
117.14 Effective date of tax.
Sections 117.10 to 117.14 were published as provided in S.H.A. Ch. 24,
Section 1-2-4 and became effective October 1, 19:69. (Ord. 626, passed
8-5-69)
Article 3. Municipal Use Tax
117.20 Municipal use tax established.
A tax is imposed in accordance with provisions of state statutes upon the
privilege of using in the municipality any item of tangible personal property
which is purchased outside Illinois at retail from a retailer and which is
titled or registered with an agency of Illinois government. The tax shall be at
a rate of 1% of the selling price of the tangible property with “selling
price” to have the meaning defined in S.H.A. Ch. 120, Section 439.1. (Ord.
674, passed 11-5-74)
117.21 Collection and payment.
The tax shall be collected by the State Department of Revenue for all
municipalities imposing the tax and shall be paid before the title or
certificate of registration for the personal property is issued. (Ord. 674,
passed 11-5-74)
117.22 Copy of ordinance to state.
The city clerk is directed to transmit to the State Department of Revenue
a certified copy of this ordinance not later than November 10, 1974. (Ord. 674,
passed 11-5-74)
117.23 Effective date of tax.
Sections 117.20 though 117.23 were published as provided in S.H.A. Ch. 24,
Section 1-2-4 and became effective on the first day of the month following the
expiration of the publication period. (Ord. 674, passed 11-5-74)
Article 4. Automobile Renting Occupation Tax
117.30 Imposition--Rate.
A tax is hereby imposed on all persons engaged in the business of renting
automobiles in this city at the rate of 1% of the gross receipts from such
rentals made in the course of business while this section is in effect, in
accordance with the provisions of S.H.A. Ch. 24, Section 8-11-7. (Ord. 842,
passed 1-5-82)
117.31 Report filed with State Department of Revenue.
Every person engaged in the business of renting automobiles in the city
shall file on or before the last day of each calendar month the report to the
State Department of Revenue required by S.H.A, Ch. 120, Section 442. (Ord. 842,
passed 1-5-82)
117.32 Payment of tax.
At the time the report mentioned in Section 117.31 is filed, there shall
be paid to the State Department of Revenue the amount of tax hereby imposed on
account of the renting of automobiles during the preceding month. (Ord. 842,
passed 1-5-82)
Article 5. Automobile Renting Use Tax
117.40 Imposition--Rate.
A tax is imposed on the privilege of using in this city an automobile
which is rented from a rentor outside the state and which is titled or
registered with an agency of the state government in the city at the rate of 1%
of the rental price of the automobile while this section is in effect, in
accordance with the provisions of S.H.A. Ch. 24, Section 8-11-8. (Ord. 843,
passed 1-5-82)
117.41 Collection and payment.
(A) The tax provided for in this subchapter shall be collected from the
persons whose Illinois address for titling or registration purposes is given as
being in this city.
(B) The tax imposed by this subchapter shall be paid to
the State Department of Revenue. (Ord. 843, passed 1-5-82)
Article 6. Utility Tax*
*Note to Article 6
*Prior history: Ord. 979
117.50 Imposition--Rate.
A tax is imposed on all persons engaged in the following occupations or
privileges:
(A) Persons engaged in the business of transmitting messages by
means of electricity, at the rate of 5% of the gross receipts from such business
originating within the corporate limits of the city.
(B) Persons engaged in
the business of distributing, supplying, furnishing, or selling gas for use or
consumption within the corporation limits of the city and not for resale, at the
rate of 5% of the gross receipts therefrom.
(C) Persons engaged in the
business of distributing, supplying, furnishing, or selling electricity for use
or consumption within the corporate limits of the city, and not for resale, at
the rate of 5% of the gross receipts therefrom. (Ord. 1003, passed 4-21-87; Am.
Ord. 1037, passed 5-3-88; Am. Ord. 1058, passed 5-2-89)
117.51 Exemptions.
No tax is imposed by Sections 117.50 through 117.57 with respect to any
transaction in interstate commerce or otherwise to the extent to which such
business may not, under the Constitution and statutes of the United States, be
made subject to taxation by this state or any political subdivision thereof; nor
shall any persons engaged in the business of distributing, supplying, furnishing
or selling gas or electricity, or engaged in the business of transmitting
messages be subject to taxation under the provisions of Sections 117.50 through
117.57, for such transactions as are or may become subject to taxation under the
provisions of the “Municipal Retailers’ Occupation Tax Act”
authorized by Section 8-11-1 of the Illinois Municipal Code, as amended. (Ord.
1003, passed 4-21-87; Am. Ord. 1037, passed 5-3-88; Am. Ord. 1058, passed
5-2-89)
117.52 Tax imposed in addition to other charges.
Such tax shall be in addition to the payment of money, or value of
products or services furnished to this municipality by the taxpayer as
compensation for the use of its streets, alleys, or other public places, or
installation and maintenance therein, thereon or thereunder of poles, wires,
pipes or other equipment used in the operation of the taxpayer’s business.
(Ord. 1003, passed 4-21-87; Am. Ord. 1037, passed 5-3-88; Am. Ord. 1058, passed
5-2-89)
117.53 Definitions.
For the purpose of Sections 117.50 through 117.57, the following
definitions shall apply:
(A) “Gross receipts” means the
consideration received for the transmission of messages, or for distributing,
supplying, furnishing or selling gas or electricity for use or consumption and
not for resale, as the case may be; and for all services rendered in connection
therewith valued in money, whether received in money or otherwise, including
cash, credit, services and property of every kind and material and for all
services rendered therewith; and shall be determined without any deduction on
account of the cost of transmitting the messages, without any deduction on
account of the cost of the service, product or commodity supplied, the cost of
materials used, labor or service cost, or any other expenses whatsoever.
“Gross receipts” shall not include receipts received from the city
for the sale to the municipality of any of the utility products or services
mentioned above.
(B) “Person” means any natural individual,
firm, trust, estate, partnership, association, joint stock company, joint
venture, corporation, municipal corporation or political subdivision of this
state, or a receiver, trustee, conservator or other representative appointed by
order of any court.
(C) “Transmitting messages,” in addition to
the usual and popular meaning of person-to-person communication, shall include
the furnishing, for a consideration, of services or facilities (whether owned or
leased), or both, to persons in connection with the transmission of messages
where such persons do not, in turn, receive any consideration in connection
therewith, but shall not include such furnishing of services or facilities to
persons for the transmission of messages to the extent that such services or
facilities for the transmission of messages are furnished for a consideration,
by such persons to other persons, for the transmission of messages. (Ord. 1003,
passed 4-21-87; Am. Ord. 1037, passed 5-3-88; Am. Ord. 1058, passed
5-2-89)
117.54 Effective date of tax.
Sections 117.50 through 117.57 shall take effect after publication and the
tax provided for herein shall be based on the gross receipts, as herein defined,
actually paid to the taxpayer for services billed on or after the first day of
July, 1989, and until June 30, 1990. (Ord. 1003, passed 4-21-87; Am. Ord. 1037,
passed 5-3-88; Am. Ord. 1058, passed 5-2-89)
117.55 Tax returns and payment.
(A) On or before the last day of August, 1989, each taxpayer shall make a
return to the city treasurer for the month of July, 1989, stating:
(1) His
name.
(2) His principal place of business.
(3) His gross receipts during
those months upon the basis of which the tax is imposed.
(4) Amount of
tax.
(5) Such other reasonable and related information as the corporate
authorities may require.
(B) On or before the last day of each month
thereafter, each taxpayer shall make a like return to the city treasurer for a
corresponding one-month period.
(C) The taxpayer making the return provided
for in this section shall, at the time of making such return, pay to the city
treasurer the amount of tax herein imposed; provided, that in connection with
any return the taxpayer may, if he so elects, report and pay an amount based
upon his total billings of business subject to the tax during the period for
which the return is made (exclusive of any amounts previously billed) with
prompt adjustments of later payments based upon any differences between such
billings and the taxable gross receipts. (Ord. 1003, passed 4-21-87; Am. Ord.
1037, passed 5-3-88; Am. Ord. 1058, passed 5-2-89)
117.56 Credit for overpayments.
If it shall appear that an amount of tax has been paid which was not due
under the provisions of Sections 117.50 through 117.57, whether as the result of
a mistake of fact or an error of law, then such amount shall be credited against
any tax due, or to become due, under these sections from the taxpayer who made
the erroneous payment; provided, that no amounts erroneously paid more than
three years prior to the filing of a claim therefor shall be so credited. (Ord.
1003, passed 4-21-87; Am. Ord. 1037, passed 5-3-88; Am. Ord. 1058, passed
5-2-89)
117.57 Limitations of action.
No action to recover any amount of tax due under the provisions of
Sections 117.50 through 117.57 shall be commenced more than three years after
the due date of such amount. (Ord. 1003, passed 4-21-87; Am. Ord. 1037, passed
5-3-88; Am. Ord. 1058, passed 5-2-89)
Article 7. Hotel/Motel Tax
117.60 Definitions.
As used in this article, the following definitions shall
apply:
“Hotel room” or “motel room.” A room within a
structure offered for rental on a daily basis and containing facilities for
sleeping. One room offered for rental with or without an adjoining bath shall be
considered as a single hotel or motel room.
“Owner.” Any person
having an ownership interest in or conducting the operation of a hotel or motel
room or receiving the consideration for the rental or hotel or motel room. (Ord.
1327, passed 3-21-00)
117.61 Tax imposed.
A tax is levied and imposed of 5% of the rent charged for the privilege
and use of renting a hotel or motel room within the city for each 24 hour period
or any portion thereof for which a daily room charge is made. Such tax shall not
be levied and imposed upon any person who rents a hotel room or motel room for
more than 30 consecutive days or to a person who works and lives in the same
hotel or motel. The ultimate incidence of any liability for payment of such tax
is to be borne by the person who seeks the privilege of occupying the hotel room
or motel room, such person hereinafter referred to as “rentor.” The
tax herein levied shall be paid in addition to any and all other taxes and
charges. (Ord. 1327, passed 3-21-00)
117.62 Payment and collection.
The owner(s) of each hotel or motel shall bear jointly and separately, the
duty to collect the tax required by this article from each rentor of rooms in
such hotel or motel. Every person required to collect the tax levied by this
article shall secure such tax from the rentor at the time he collects the rental
payment for the hotel room or motel room. Upon the invoice receipt or other
receipt or other statement or memorandum of the rent given to the rentor at the
time of payment, the amount due under the tax provided in this article shall be
stated separately on such documents. (Ord. 1327, passed 3-21-00)
117.63 Reports and records.
(A) It shall be the duty of every owner to keep accurate and complete
books and records to which the city’s finance clerk shall at all times
have full access, which records shall include a daily sheet showing:
(1) The
number of hotel or motel rooms rented during the 24 hour period, including
multiple rentals of the same hotel room where such shall occur; and
(2) The
actual hotel or motel tax receipt collected for the date in
questions.
(B) The city’s finance clerk, or any person certified as
the clerk’s deputy or representative, may enter the premises of any hotel
or motel for inspection and examination of books and records in order to ensure
the proper administration of this article and to ensure the enforcement of the
collection of the tax imposed. It is unlawful for any person to prevent, hinder
or interfere with the city’s finance clerk or authorized representative in
the discharge of the duties in the performance of this article. (Ord. 1327,
passed 3-21-00)
117.64 Transmittal of tax revenue.
(A) The owner of each hotel or motel in the city shall file a monthly
report showing tax receipts received with respect to each hotel or motel room
during the month. The report shall be due on or before the last day of the
succeeding calendar month and the report shall indicate for what period the
report is to be filed (e.g., a report for January receipts is due on or before
the last day of February). At the time of filing such tax reports, the owner
shall pay to the city clerk all taxes due for the period for which the tax
report applies.
(B) The first taxing period for the purpose of this article
shall commence on April 1, 2000, and the tax report and payment for such period
shall be due on or before May 31, 2000. (Ord. 1327, passed 3-21-00)
117.65 Disposition of proceeds from tax and fines.
(A) All of the proceeds resulting from the imposition of the tax under
this article, including penalties, shall be paid into the treasury of the
city.
(B) The amounts collected by the city pursuant to this article shall
be expended solely to promote tourism, conventions and other special events in
the city or otherwise attract nonresidents to visit the city. (Ord. 1327, passed
3-21-00)
117.66 Interest and penalties.
(A) In the event of failure by any hotel or motel owner to collect and pay
the tax required by this article within 30 days after the same is due, interest
shall accumulate and be due on the tax at the rate of 1% per month.
(B) Any
person found guilty of violating, disobeying, omitting, neglecting or refusing
to comply with or resisting or opposing the enforcement of any of the provisions
of this article, except as otherwise specifically provided, shall be punished by
a fine not less than $200 nor more than $300 for the first offense and not less
than $300 nor more than $500 for the second and each subsequent offense in any
180 day period. (Ord. 1327, passed 3-21-00)
117.99 Penalty.
Any person, firm or corporation violating any provision in this title, for
which another penalty is not provided, shall for a first conviction be fined not
less than $25 nor more than $750, for a second conviction within one year
thereafter, the person, firm or corporation shall be fined not less than $100
nor more than $750 and for a third or subsequent conviction within one year
after the first conviction, the person, firm or corporation shall be fined not
less than $250 nor more than $750. A separate offense shall be deemed committed
on each day during or which a violation occurs or continues. (Ord. 1003, passed
4-21-87; Am. Ord. 1037, passed 5-3-88; Am. Ord. 1058, passed 5-2-89; Ord. 1574,
passed 7-15-03)
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