G54-87 A
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Ordinance No. G54-87
AN ORDINANCE
IMPOSING A TAX ON CERTAIN ADMISSIONS TO HEMMENS AUDITORIUM
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That the Elgin Municipal Code, as amended, is hereby further
amended by adding the following:
"6.09.150 Admissions tax.
A. Tax.
I. There is levied and imposed upon every person who pays an
admission charge to any event at Hemmens Auditorium a tax of ten percent
of each admission charge exclusive of other applicable state or federal
taxes; provided, however, that the tax shall not apply or be imposed upon
any patron attending or participating in:
a. Not-for-profit religious, or charitable institutions,
societies or organizations;
b. Public grammar, junior high and high schools located
within U-46;
c. Private and parochial schools located within the City of
Elgin;
d. Colleges located within the City of Elgin;
e. Governmental units, boards, commissions, bodies duly
organized under the laws of the city, state of Illinois, and/or United States
of America.
2. The ultimate incidence of and liability for payment of the
tax shall be borne by the person who seeks participation or admission to
Hemmens Auditorium, that person referred to in this chapter as "patron."
3. The tax levied in this chapter shall be paid in addition to any
and all other taxes and charges. It shall be the duty of every person
receiving an admission charge upon which a tax is levied under this chapter
to secure the tax from the patron, to act as trustee for and on account of
the city, and to pay over to the finance director the tax under procedures
prescribed by the finance director or as otherwise provided in this chapter.
4. Every person required to collect the tax levied by this
chapter shall secure the tax from the consumer at the time he collects the
admission charge.
B. Books and records.
The finance director or any person certified by him may require
the production for inspection and examination, of books and records in
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order to effectuate the proper administration of this chapter and to assure
the enforcement of the collection of the tax imposed. It is unlawful for
any person to prevent, hinder, or interfere with the finance director or his
duly authorized agent in the discharge of his duties and the performance of
this chapter. It shall be the duty of every lessee to keep accurate and
complete books and records to which the finance director shall at all times
have full access, which records shall include a daily sheet showing:
I. The number of admission tickets sold.
2. The actual admission charge tax receipts collected.
C. Transmittal of tax revenue.
The lessee of Hemmens Auditorium for any event subject to use
admissions tax shall file tax returns showing tax receipts received on forms
prescribed by the finance director. The returns shall be due on or before
the seventh day of the month following the use of Hemmens Auditorium.
The first taxing period for the purpose of this chapter shall commence
January I, 1988. Thereafter reporting periods and tax payments shall be in
accordance with the provisions of this chapter. At the time of filing the
returns, the lessee shall pay to the finance director all taxes due for the
period to which the tax return applies. If for any reason any tax is not paid
when due, a penalty at the rate of one percent per month or portion
thereof, from the date of delinquency shall be added and collected.
D. Collection.
Whenever any person fails to pay any tax as provided in this
chapter, the corporation counsel shall, upon the receipt of the finance
director, bring or cause to be brought an action to enforce the payment of
the tax on behalf of the city in any court of competent jurisdiction.
E. Proceeds of tax and fines.
All proceeds resulting from the imposition of the tax under this
chapter, including penalties, shall be paid into the treasury of the city and
shall be credited to and deposited in the corporate fund of the city.
F. Ineligibility to lease.
No lessee who fails to collect and remit the tax imposed by the
ordinance shall be eligible to lease Hemmens Auditorium until such time as
all taxes and penalties have been paid in full.
G. Printing of price on ticket.
The price including the tax to be paid by one patron for admis-
sion at which every admission ticket or card is sold shall be conspicuously
and indelibly printed, written, or stamped on the face or back of that part
of the ticket which is taken up.
H. Determination of tax due by finance director.
If any person required to collect and remit the tax imposed by
this chapter fails to file a statement and a remittance, or if the finance
director has reasonable cause to believe that an erroneous statement has
been filed, the finance director may proceed to determine the amount due
to the city and in connection therewith shall make such investigations and
take such testimony and other evidence as may be necessary; provided,
however, that notice and opportunity to be heard be given any person who
may become liable for the amount owing prior to any determination by the
finance director.
I. Rules and regulations.
The finance director shall have power to adopt rules and regula-
tions not inconsistent with the provisions of this chapter for the purposes of
carrying out and enforcing the payment, collection and remittance of the
tax levied in this chapter, and a copy of such rules and regulations shall be
on file and available for public examination in the finance director's
office. Failure or refusal to comply with any rules and regulations
promulgated under this section shall be deemed a violation of this chapter.
J. Penalties.
Any person found guilty of violating, disobeying, omitting,
neglecting, or refusing to comply with, or resisting or opposing the enforce-
ment of any of the provisions of this chapter, except when otherwise
specifically provided, upon conviction thereof, shall be punished by a fine
of not less than two hundred dollars nor more than five hundred dollars for
the first offense and not less than three hundred dollars nor more than five
hundred dollars for the second and each subsequent offense in any one-
hundred-eighty-day period.
K. Purpose of penalties.
The purpose of imposing the penalties set out in Section J is to
insure the integrity of the collection process established pursuant to this
chapter."
Section 2. That this ordinance shall be in full force and effect on January I,
1 988.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: August 26, 1987
Passed: August 26, 1987
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
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