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§ 111.33 REGISTRATION REQUIRED.
   The following provisions shall apply to commercial and noncommercial solicitation:
   (A)   Registration.
      (1)   Any person intending to conduct commercial or noncommercial solicitation activities within the village shall register with the Village Clerk or his or her designee upon the form provided by the Village Clerk or his or her designee. The registrant shall verify under oath all statements made by the registrant upon or in connection with the registration. Upon submission of a completed registration form, the Village Clerk or his or her designee shall acknowledge receipt thereof by executing a registration acknowledgment and giving a copy to the registrant. The registrant shall at all times during the conduct of solicitation activities within the village carry on his or her person a copy of the registration acknowledgment signed by the Village Clerk or his or her designee. The registration shall contain the following information:
         (a)   The registrant’s name and current residence address, the length of the registrant’s residence at that address, and the registrant’s business address, if other than residence address;
         (b)   The registrant’s social security number, and the registrant’s driver’s license number, or other official form of identification, if any;
         (c)   The name, address and telephone number of the registrant’s current employer and the length of the registrant’s employment with that employer, or in the case of registration for noncommercial solicitation, the name, address and telephone number of the organization the registrant represents, if any, and the name or names under which the registrant intends to solicit contributions;
         (d)   A brief description of the subject matter and purpose of the registrant’s solicitation;
         (e)   The dates for which the registrant seeks to conduct commercial or noncommercial solicitation activities; and
         (f)   The methods by which the registrant and the organization the registrant represents, if any, will conduct solicitation within the village.
      (2)   In addition, with respect to persons intending to conduct commercial solicitation activities within the village, the registrant shall provide the following information:
         (a)   The registrant’s residence address during the past 3 years, if other than the current residence address;
         (b)   A brief physical description of the registrant, including height, weight, and hair and eye color;
         (c)   The name and address of all the registrant’s employers during the past 3 years, if other than the registrant’s present employer;
         (d)   The registrant or employer’s sales tax identification number;
         (e)   Information regarding the use or revocation of prior commercial solicitation permits issued to the applicant by the village, if any, including the date, or approximate date, of the last previous registration for commercial solicitation permit from the village, if any;
         (f)   Information regarding prior or current violations, if any, by the registrant of any of the provisions of this subchapter, or the solicitation regulations of any other local, state or federal government; and
         (g)   Information regarding any prior conviction of the registrant of a felony under the laws of the State of Illinois, any other state, or the United States.
   (B)   Change in information. If during the pendency of any registration for, or during the term of, any commercial or noncommercial solicitation there is any change in any material information given in the registration information, the registrant shall promptly notify the Village Clerk or his or her designee in writing of the change.
   (C)   Application record. The Village Clerk or his or her designee shall cause to be kept an accurate record of every registration for commercial and noncommercial solicitation.
   (D)   Effective period. Registration to conduct commercial and noncommercial solicitation activities shall be valid for a consecutive period not to exceed 10 calendar days.
   (E)   Registration fee. Each registrant shall pay to the village a non-refundable fee in the amount of $50 prior to execution of the registration acknowledgment by the Village Clerk or his or her designee. The registration fee shall be paid in cash and shall be non-refundable. The registrant shall be given a receipt upon payment of the registration fee. The registration fee shall be waived for charitable organizations for 2 solicitation registrations per calendar year.
(Ord. 1997-09, passed 1-7-1997; Am. Ord. 2007-20, passed 9-11-2007) Penalty, see § 111.99
§ 111.34 EXCEPTIONS.
   Noncommercial solicitation (i) by or on behalf of a charitable organization that is currently registered with the attorney general of the State of Illinois and is in full compliance with the provisions of an Act to Regulate Solicitation and Collection of Funds for Charitable Purposes, ILCS Ch. 225, Act 460, §§ 1 et seq., or (ii) for any noncommercial solicitation conducted or sponsored by any federal, state, or local governmental unit or by any organization conducting such noncommercial solicitation on behalf of or for the direct benefit of the governmental unit shall be and is hereby exempt from the requirements of § 111.32 regarding registration; provided, however, any charitable organization expressly exempted by this section, or any person conducting solicitation on behalf of such a charitable organization, shall give written notice of the intent to conduct solicitation to the Village Clerk or his or her designee at least 2 days before the charitable organization or person will conduct solicitation within the village. Furthermore, notwithstanding anything herein to the contrary, registration shall not be required hereunder for any noncommercial activities or speech not involving any form of request for money or other articles of value, or for any solicitation made on premises owned or occupied by the person or organization on behalf of whom the solicitation is made, or with respect to any solicitation directed solely to members of the soliciting organization or to any solicitation made at any meeting of the soliciting organization provided the solicitation is not made on public property.
(Ord. 1997-09, passed 1-7-1997; Am. Ord. 2007-20, passed 9-11-2007) Penalty, see § 111.99
HOTEL AND MOTEL TAX
§ 111.40 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   HOTEL ROOM or MOTEL ROOM. A room within a structure kept, used, or maintained as or advertised or held out to the public to be in an inn, motel hotel, apartment hotel, lodging house, dormitory, or place where sleeping, rooming, office, conference, or exhibition accommodations are furnished for lease or rent, whether with or without meals. One room offered for rental with or without an adjoining bath shall be considered as a single hotel or motel room. The number of hotel or motel rooms within a suite shall be computed on the basis of those rooms utilized for the purpose of sleeping.
   OWNERS. Any person or persons having sufficient proprietary interest in conducting the operation of a hotel or motel room or receiving the consideration for the rental of the hotel or motel room so as to entitle the person or persons to all or a portion of the net receipts thereof.
   PERSON. Any natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agent, government corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user of owner, or any officers, agents, employees, or other representative acting either for himself or herself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular, or plural is included in any circumstances.
(Ord. 1994-02, passed 4-26-1994)
§ 111.41 TAX.
   (A) There is hereby levied and imposed upon the use and privilege of renting a hotel or motel room within the Village of Diamond, Illinois, a tax of 4% of the rental or leasing charge for each such hotel or motel room rented for each 24 hours or any portion thereof, provided, however, that the tax shall not be levied and imposed upon any person who rents a hotel or motel room for more than 7 consecutive days or to a person who works and lives in the same hotel or motel.
   (B)   The ultimate incident of and liability for payment of the tax shall be borne by the person who seeks the privilege of occupying any such hotel or motel room, the person hereinafter referred to as a “renter.”
   (C)   The tax herein levied shall be paid in addition to any and all other taxes and charges. It shall be the duty of the owner, manager, or operator of every hotel or motel to act as trustee for and on account of the village, and to secure the tax from the renter of the hotel or motel room and pay over to the Village Treasurer the tax under procedures prescribed by the Village Treasurer or as otherwise provided in this subchapter.
   (D)   Every person required to collect the tax levied by this subchapter shall secure the tax from the renter at the time he or she collects the rental payment for the hotel or motel room. Upon the invoice receipt or other statement or memorandum if the rent given to the renter at the time of payment the amount due under the tax provided in this subchapter shall be stated separately on the documents.
(Ord. 1994-02, passed 4-26-1994)
§ 111.42 RULES AND REGULATIONS.
   The Treasurer of the Village of Diamond may promulgate rules and regulations not inconsistent with the provisions of this subchapter concerning enforcement and application of this subchapter. The term “rules and regulations” includes, but is not limited to, case by case determination of whether or not the tax imposed by this subchapter applies.
(Ord. 1994-02, passed 4-26-1994)
§ 111.43 BOOKS AND RECORDS.
   (A)   The Village Treasurer, or any person certified as his or her deputy or representative, may enter the premises of any hotel or motel for inspection and examination of books and records in order to effectuate the proper administration of this subchapter and to assure the enforcement of the collection of the tax imposed. It shall be unlawful for any person to prevent, hinder, or interfere with the Village Treasurer or his or her duly authorized deputy or representative in the discharge of his or her duties and the performance of this subchapter.
   (B)   It shall be the duty of every owner to keep accurate and complete books and records to which the Village Treasurer or his or her deputy or authorized representative shall at all times have access, which records shall include a daily sheet showing:
      (1)   The number of hotel or motel rooms rented during the 24-hour period including multiple rentals of the same hotel moms where such shall occur; and
      (2)   The actual hotel or motel tax receipts collected for the date in question.
(Ord. 1994-02, passed 4-26-1994) Penalty, see § 111.99
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