HomeMy WebLinkAboutORDINANCE - 3891 - 4/8/2025 - GROCERY RETAILERS AND GROCERY SERVICE OCCUPATION TAXORDINANCE NO.3891
AN ORDINANCE IMPLEMENTING A MUNICIPAL GROCERY RETAILERS'
OCCUPATION TAX AND A MUNICIPAL GROCERY SERVICE OCCUPATION TAX
FOR THE VILLAGE OF ELK GROVE VILLAGE
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 Elk Grove Village 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 Board of Trustees of the Village of Elk Grove Village
believe that it is appropriate, necessary and in the best interests of the Village 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); and
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, as follows:
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 Both 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 Illinois Department 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 upon
its adoption.
Section 6: Effective Date. The taxes imposed by this Ordinance shall take effect on
January 1, 2026.
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.
Section 9: Headin-sg /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.
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Section 10: Publication. That the Village Clerk is hereby authorized to publish this
Ordinance in pamphlet form in accordance with 65 ILCS 5/1-2-4.
Section 11: That this ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 8th day of April 2025
APPROVED this 8th day of April 2025
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED in pamphlet form this loth day of April 2025.
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