A. Compliance With Provisions:
1. It shall be unlawful for any corporation or association, not incorporated under the laws of the state, to engage in the city in effecting fire insurance, or to transact any business of fire insurance in the city, while in default, by not fully complying with any of the requirements of this section and until such requirements shall have been fully complied with, but this provision shall not relieve any company, corporation or association from the payment of any risk that may be undertaken in violation of this section.
2. No insurance agent in the city shall have any insurance business or dealings with any company, association or corporation not incorporated under the laws of this state, which shall be in default for not reporting or making payments as herein provided, until it shall have complied with all the requirements of this section.
B. Fee Required: Any such corporation, company or association not incorporated under the laws of the state, which is engaged in the city in effecting the fire insurance, shall pay the city treasurer, for the maintenance, use and benefit of the fire department of the city, a sum of money equal in amount to two percent (2%) per annum of the gross receipts received as premiums upon fire insurance policies by any and all agents of such corporation, company or association, during the year ending on July 1 in each year, for any insurance effected or agreed to be effected on property located in the city, by or with such corporation, company or association during such year.
C. Report Required; Payment Of Fee: Every person acting in the city as agent, for or on behalf of any such corporation or association, shall, on or before July 15 of each and every year, render the city clerk a full, true and just account, verified by his oath, of all premiums upon fire insurance policies which, during the year ending July 1 preceding such report, shall have been received by him, or by some other person for him, in his behalf, of any such corporation, company, or association on property located in the city. Such agent shall also, at the time of rendering the aforesaid report, pay to the city treasurer the sum of money for which company, corporation or association, represented by him is chargeable, by virtue of the provisions of this section.
D. Failure To Pay Fee: The sum of money for which such company, corporation or association is so chargeable may be recovered of it, or its agents or agent, by an action in the name of and for the use of the city as for money had and received. Nothing in this section shall be held to exempt any person, corporation, company or association from indictment and conviction under the provisions of an act entitled "an act to enable cities, towns and villages organized under any general or special law, to levy and collect a tax or license fee from foreign insurance companies for the benefit of organized fire departments" 1 , in force July 1, 1895. (Ord. 462, 7-1-1937)
E. Penalty: Any person violating any of the provisions of this section shall be fined as provided in section 1-4-1 of this code for each offense. (Ord. 462, 7-1-1937; amd. 2006 Code)
Notes
| 1 | 1. 215 ILCS 5/409. |