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G-451 - 09/25/1990 - TAX - Ordinances OrA% Gr— 4 CAKATI 03 *F ORDINANCE G- 451 cro X IF W1ZRZAS, paragraph 8-3-14 of the Illinois Municipal code, Chapter 24 of the Illinois .Revised Statutes, authorises municipalities to impose a tax on all persons engaged in the lousiness of renting, leasing or letting rods in hotels within the corporate limits of the Village; and MUMEAS, the corporate authorities of the Village of Oak Brook dew that it is in the best interests of the Village 'to ,bq ose such a tax; f NOW, THBRW=, OR IT ORDAINED BY THE PRESIDENT AND 'HOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU FAGS AND COOK COUNTIES, ILI.-WIS as follows: Section That Chapter 2, Article IV of the Code of Ordinances of the Village of Oak Brook is hereby amended by adding thereto a new Division S entitled "Municipal Hotel Taut" as follows: 1. Definitions For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires & diffearent meaning. �I A. Hotel Any building or buildings in which the public may for a consideration obtain :living quarters, sleeping or housekeeping accommodations. The terms includes inns, motels, tourist his or courts; lodging houses, rooming houses and apartment houses, but does not include lodging facilities for the transient use of the owner and its business invite". H. Owner Any person having an ownership intorest in or conducting the operation of a motel or motel row or receiving the oonsidomtion for the rental of such hotel or motel room. C. Permanent Resident �I Any person who occupier or has the right to occupy any roam or rooms in a hotel for at least 30 consecutive days. O. Rent/No"ta t consi teration recolvod for occuputcy, valued In money, whether recsexved in money or otherwise, including all reoeIpts, rash, aredito ar,4 property or soryloo of any hind or nature. I�I I' �- 451 < Ordinance o- 451 Establishing a Tax on Hotel Operators Page 2 2. Tax A. Hotels subject to the tax imposed by this ordinance my reimburse themselves for the tax liability for auch tax by separately stating such tax as an additional charge of billings to persons ren' rig hotel roons, which charge any be stated in combination with the State tax imposed under the hotel Operators Occupational Tax Act, paragraph 481b 31 gj ga of Chapter no of the Illinois Revised Statutes. B. There is levied and Imposed a tax of 1% of the :rent charged for the � privilege and use of renting a hotel or motel room within the village for each 24-hour period or any portion thereof for which a daily roost charge is made, provided that the tax shall not be .levied and Imposed on any permanent resident or on a person who works and lives in the same hotel. or motel. C. The ultimate incidto.ce of any liability for papment of the tax is to be borne by the person or entity renting the hotel rom. D. The tax levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner of every hotel or motel to secure the tax from the renter of the motel and hotel room and to pay over to the Village Treasurer or any authorized representative of his office the tax under procedures prescribed by ,the Village Treasurer, or as otherwise provided in this subchapter. R. Bvery person or entity required to collect the tax levied by this subchapter shall secure the tax from the :renter at the time he collects the rental .payment for the hotel or motel room. Section 3; Books and .Recorda The village Treasured, or his authorised representative, eery enter the premises of any hotel or'motel for inspection and examination of records In order to effectuate the proper administration of this subchapter, and to assure the enforcement of the collection of the tax imposed. It shall be unlawful for any person to prevent, hinder, or ;interfere with the Village Treasured or his authorised deputy or representative in the discharge of his duties in the performance of this subchapter. It shall be the duty of every owned to keep accurate and Mete books and records o which the Village Tressurer, or his authorised representative, sha11 at all reasonable time have .full access, which records shall Include o daily sheet showing the number of hotel or motel: ,roams .rented daring the 24-hour period, Including multiple rentals of the same hotel. or motel roam where such shall occur, and the actual hotel or motel tax receipts collected for the date In question. 45 s Ordinance O�4, 1 Setablishtng a Tax on Hotel OperAtors Page 3 84ot_ TranmittaRl of Tax Sevenues A. The owner or owners of each hotel or motel room within the Village shall file tax returns showing tax receipts received with respect to each hotel or motel ram during each month cOWWnci0g on October 1, 1990. The return shall be due on or before the last day of each succeeding calendar month and the return shall indicate for what period the return is to be filed. For example, a return for January tax receipts shall be due on or before the last day of February. If the owner's average monthly 'tax liability does not exceed $60, the Village Treasurer may authorise the owner to file the :returns to be Piled on a quarter annual basis, with the return for January, February and March of a given year being due on April 30 of such year, with the ,return for April, May and June of a given year being due by July 31 of such year, with the return for July, August and September of a given year being due by October 31 of such yew, and with the return for October, November and December of a given year being due by January 31 of the .following year. B. At the time of filing the tax .returns, the owner shall pay to the Village Treasurer all taxes duo for the period to which the tear return applies. ct3an S. Collection Whenever any .person shall fail to pay any tax as hore.in provided, the Village Attorney shall, on the request of the Village Treasurer, bring or cause to be brought an action to enforce the payment of the tax of behalf of the Villagw In any court of cospotent, Jurisdiction. Y §iect penalty Any porson, form or corporation violating any p►ravision of this ordinance shall be subject to ponelty of not more then $500 for each offense. A separate oftonse shall: be to be cmdtted on each day during or on which a violation occurs or continues. ,LM rt if alt port-Ion of this Ordinance is declared ,invalid, such determination shall not affect the validity of any remaining portion of this Ord agUm 21. That this ordinance shall be In Bull force and effect from wA of ter passerge and approval as provided by .law as of Octobber 1, 1990. Gr Ordinance a-6 Establishing a Tax on Hatol Operators Pape 4 PASSED THIS .2.5th da a! September Trustees ar oc i, yEus y, o A , y vichh,. Rush, Minters Ayes: and President Cerny Nayas None Absent: None Abstain: 'Mono APPROVED THIS 25th clay of September 1990. vin aye idedt- ATTEST:EST: i Villa96 Clerk Approved an to Pbrm: r )111 a Att ty published 9-26. 90 Peaphlet form Date P4"r Not Pub.l.iehed s i mleshtlatx