G-749 - 05/11/2004 - FINES - Ordinances Supporting Documents•
SUBJECT: Fraudulent Sales
3
9 �3 ��
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 11, 2004
FROM: Linda K. Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Ordinance 2004-BS- SALES -RR -G-
749, An Ordinance Amending Title 4 ( "Business and License Regulations ") to include a
new Chapter 9 ( "Fraudulent Sales ") in the Village Code of the Village of Oak Brook
Background /History:
The Community Development Department has requested that the Village Clerk include licensing
of Going Out of Business Sales within the Village of Oak Brook. This new process prohibits
fraudulent sales from occurring within the Village of Oak Brook and defines the types of sales
that may occur.
Recommendation:
The Village Attorney has drafted the attached ordinance that requires a License to be obtained
from the Village Clerk to conduct a sale of goods is an insurance, salvage, removal, going out of
business, insolvent's, assigner's, or creditor's sale of goods, or a sale of goods which have been
damaged by fire, smoke, water or otherwise within the Village of Oak Brook.
Last saved by Default J \WORDDOC\BOARD MEMOS \Fraud Sales doc
Last printed 5/6/2004 12 28 PM
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ORDINANCE 2004 -BS- SALES -RR -EX 1 -G -749 AN ORDINANCE
AMENDING TITLE 4 ( "BUSINESS AND LICENSE REGULATIONS ") TO
INCLUDE A NEW CHAPTER 9 ( "FRAUDULENT SALES ") IN THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK
The Community Development Department has requested that the Village Clerk
include licensing of Going Out of Business Sales within the Village of Oak
Brook. This new process prohibits fraudulent sales from occurring within the
Village of Oak Brook and defines the types of sales that may occur.
The Village Attorney has drafted an ordinance that requires a License to be
obtained from the Village Clerk to conduct a sale of goods via an insurance,
salvage, removal, going out of business, insolvent's, assigner's, or creditor's sale
of goods, or a sale of goods which have been damaged by fire, smoke, water or
otherwise within the Village of Oak Brook.
Motion by Trustee Zannis, seconded by Trustee Yusuf, for passage of Ordinance
2004 -BS- SALES- RR -EXI -G -749, An Ordinance Amending Title 4 ( "Business
and License Regulations ") to include a new Chapter 9 ( "Fraudulent Sales ") in the
Village Code of the Village of Oak Brook. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS - None.
D. VOLUNTARY DISCLOSURE OF CERTAIN TAXES AND SETTLEMENT
REQUEST: AMERITECH ADVANCED DATA SERVICE OF ILLINOIS
(SUBSIDIARY OF SBC COMMUNICATIONS, INC.)
By way of a letter dated March 17, 2004, Ameritech Advanced Data Service (AADS)
of Illinois, Inc., a subsidiary of SBC Communications, Inc., informed the Village of
Oak Brook that they determined through the course of an internal audit that they
failed to remit taxes and fees due to the Village of Oak Brook, and many other similar
taxing bodies, as required under the Simplified Municipal Telecommunications Tax
Act, 35 ILCS 636/5 -1 et. seq .
As such, McDermott, Will and Emery, attorneys for AADS, have drafted a settlement
agreement that they are requesting the Village approve. The first document is a
Confidential Notice of Voluntary Disclosure of Tax Obligation According to the
letter from Thomas H. Donahue, McDermott, Will & Emery dated March 17, 2004,
in compliance with the provisions of Section 75 of the local Government Taxpayers'
Bill of Rights Act (50ILCS 45/75) and as documented in the proposed settlement
VILLAGE OF OAK BROOK Minutes Page 7 of 9 May 11, 2004
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Village of
kyak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak - brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak book
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
May 13, 2004
Sterling Codifiers, Inc.
Attention: Robertson S. Rollins, General Manager
7600 Mineral Drive
Coeur d'Alene, ID 83 814
Dear Rob:
The Village Board, at their Board Meeting of Tuesday, May 11, 2004, passed and
approved the following ordinances:
ORDINANCE 2004- GL -ST- ETHICS -G -748 AN ORDINANCE AMENDING
TITLE 1 (ADMINISTRATION); CHAPTER 10 (STATE GIFT BAN ACT), OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK TO IMPLEMENT
THE PROVISIONS OF THE STATE OFFICIALS AND EMPLOYEES ETHICS
ACT (5 ILCS 430/1 -1, ET SEQ.)
APINANCE 2004 -BS- SALES- RR -EX1-G -749 AN ORDINANCE
AMENDING TITLE 4 ( "BUSINESS LICENSE REGULATIONS ") TO
INCLUDE A NEW CHAPTER 9 ( "FRAUDULENT SALES ") IN THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK
The above Ordinances are being forwarded to your for inclusion in the Code of
Ordinances of the Village of Oak Brook. I would appreciate your acknowledging
receipt of these Ordinances.
Sincerely,
Richard B. Boehm
Village Manager
RBB /fir
Enclosure