(A) Definitions: For the purposes of this section, the following definitions shall apply:
AUTHORIZED OBLIGATION: Any fee, charge or cost imposed by, owing to or collected by or on behalf of the Village, such items as: building permits, re-inspection fees, over weight permits, vehicle escort fee, extra details, document copy fees, accident report copy fees, raffle licenses, liquor licenses, target shooting permits, veterinary fees, surplus property sales. The list set forth herein is for purposes of example, and is not meant to be exhaustive or exclusive.
CREDIT CARD: An instrument or device, whether known as a credit card, bankcard, charge card, debit card, authorized teller machine card, secured credit card, smart card, electronic purse, prepaid card, affinity card, issued with or without fee by an issuer for the use of the holder to obtain credit, money, goods, services or anything else of value.
(B) Acceptance Of Credit Cards: Credit cards will be accepted under the following conditions:
1. The Village is authorized, but not required, to accept the payment of funds for any authorized obligation by credit card.
(C) Fees:
1. As set forth herein, the Village may, but is not required to, impose a convenience fee or surcharge upon a cardholder making payment by credit card in an amount to wholly or partially offset, but in no event exceed, the amount of any discount or processing fee incurred by the Village. Such convenience fee or surcharge may be applied only when allowed under the operating rules and regulations of the credit card involved, or as applied by the service provider, such as Illinois e-pay and Oxcart. Such fees are not remitted in any part to the Village. When a cardholder elects to make a payment by credit card and a convenience fee or surcharge is imposed, the payment of the convenience fee for surcharge shall be deemed voluntary by the cardholder and shall not be refundable.
2. No fee, or accumulation of fees, that exceeds the lesser of twenty dollars ($20.00) or five percent (5%) of the principal amount charged may be imposed in connection with the issuance of any license, sticker, or permit, or with respect to any other similar transaction. No fee, or accumulation of fees, that exceeds the lesser of twenty dollars ($20.00) or five percent (5%) of the transaction involved may be imposed in connection with the payment of any fine. No fee, or accumulation of fees, in excess of the lesser of forty dollars ($40.00) or three percent (3%) of the principal amount charged may be imposed in connection with the payment of any tax.
3. Notwithstanding the provisions of subsection (C)2 of this section: a) a minimum fee of one dollar ($1.00) may be imposed with respect to any transaction, b) a fee may be imposed if the: 1) fee is no greater than the fee charged by the financial institution or service provider accepting and processing credit card payments on behalf of the Village, 2) the financial institution or service provider accepting and processing the credit card payments was selected by competitive bid, and 3) the Village discloses the fee to the cardholder.
(D) Relief From Underlying Obligation: A person who makes a payment by credit card to the Village shall not be relieved from liability for the underlying obligation except to the extent that the Village realizes final payment of the underlying obligation in cash or cash equivalency acceptable to the Village. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and the Village shall retain all remedies for enforcement that would have applied if the credit card transaction had not occurred. A person making payment by credit card is not liable for any discount or fee paid to a credit card issuer or other party by the Village.
(E) Liability Of Village Employees: A Village employee who accepts payment by credit card in accordance with this section and any applicable rules established by the Village, shall not incur personal liability for the final collection of the payment. (Ord. 17-19, 11-20-2017)