§ 35.11 BUSINESS DISTRICTS DESIGNATED; RETAILERS’ OCCUPATION TAX AND SERVICE OCCUPATION TAX IMPOSED THEREIN.
   (A)   Authority. The village is authorized, pursuant to the provisions of the Business District Development and Redevelopment Act, ILCS Chapter 65, Act 5, §§ 11-74.3 et seq. (the “Act”), to designate business districts to promote development or redevelopment in the village and to impose a retailers’ occupation tax and a service occupation tax therein and to issue bonds to provide for the payment of business district project costs.
   (B)   Designation of business districts.
      (1)   Amended Route 72 and Route 25 Business Development District. The “Village of East Dundee Amended Route 72 and Route 25 Business Development District” is hereby designated and shall consist of the contiguous territory legally described in Exhibit B to Ord.11-19,passed 4-11-2011, and outlined on the map of a portion of the village attached as Exhibit C to Ord. 11-19, passed 4-11-2011, which exhibits are by this reference incorporated herein and made a part hereof.
      (2)   Dundee Gateway Business District. A business district to be known and designated as the “Dundee Gateway Business District” is hereby designated and shall consist of the contiguous territory legally described in Exhibit C to Ord. 09-30, passed 9-28-2009, and outlined on the map of a portion of the village attached as Exhibit D to Ord. 09-30, passed 9-28-2009.
   (C)   Approval of business district plans.
      (1)   Amended Route 72 and Route 25 Business Development District. The Amended Business District Plan, attached as Exhibit D to Ord. 11-19, passed 4-11-2011, is found to conform to the requirements of the Business District Development and Redevelopment Act (ILCS Chapter 65, Act 5, §§ 11-74.3-1 et seq.) and to promote the public interest, and is hereby approved.
      (2)   Gateway Business Development District. The Business District Plan, attached as Exhibit E to Ord. 09-30, passed 9-28-2009, is found to conform to the requirements of the Business District Development and Redevelopment Act (ILCS Chapter 65, Act 5, §§ 11-74.3-1 et seq.) and to promote the public interest, and is hereby approved.
   (D)   Imposition of tax; creation of allocation funds.
      (1)   Amended Route 72 and Route 25 Business Development District.
         (a)   Retailers' Occupation Tax. Pursuant to the Act, a tax is hereby imposed upon all persons engaged in the Amended Business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this state's government, at retail within the boundaries of the Amended Business District at the rate of .50% of the gross receipts from such sales made in the course of such Amended Business while this section is in effect. Such tax shall not be imposed on the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. The proceeds of this tax shall be used for the planning, execution and implementation of the Amended Business District Plan, the payment of Amended Business District project costs as set forth in the Amended Business District Plan and the payment of obligations of the village issued to provide for the payment of Amended Business District project costs. The proceeds of such tax shall be deposited into a special fund of the village which is hereby created and designated the "Amended Route 72 and Route 25 Business Development District Tax Allocation Fund." The tax imposed under this section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this section.
         (b)   Service Occupation Tax. Pursuant to the Act, a tax is hereby imposed upon all persons engaged within the boundaries of the Amended Business District in the Amended Business of making sales of service, at the rate of .50% of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such tax shall not be imposed on the sale of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. The proceeds of this tax shall be used for the planning, execution and implementation of the Amended Business District Plan, the payment of Amended Business District project costs as set forth in the Amended Business District Plan and the payment of obligations of the village issued to provide for the payment of Amended Business District project costs. The proceeds of such tax shall be deposited into the "Amended Route 72 and Route 25 Business Development District Tax Allocation Fund." The tax imposed under this section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have fall power to administer and enforce the provisions of this section.
      (2)   Gateway Business Development District. 
         (a)   Retailers’ Occupation Tax. Pursuant to the Business District Act, there is hereby imposed a retailers’ occupation tax in the Business District at the rate of 0.5% upon all persons engaged in the selling of tangible personal property, other than an item of tangible personal property titled or registered with any agency of this state’s government. Such tax may also not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needs used by diabetics for human use. The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan, and the payment of obligations of the village issued to provide for the payment of Business District project costs. Such tax shall be collected and enforced by the Department of Revenue in the same manner as all retailers’ occupation taxes imposed in the village. The proceeds of such tax shall be deposited into a special fund of the village which is hereby created and designated as the “Dundee Gateway Business Development District Tax Allocation Fund.”
         (b)   Service Occupation Tax. Pursuant to the Act, there is hereby imposed a service occupation tax in the Business District at the rate of 0.5% upon all persons engaged, in the Business District, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the Business District, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan, and the payment of obligations of the village issued to provide for the payment of Business District project costs. Such tax shall be collected and enforced by the Department of Revenue in the same manner as all service occupation taxes in the village. The proceeds of such tax shall be deposited into a special fund of the village which is hereby created and designated as the “Illinois Route 72 and Illinois Route 25 Business District Tax Allocation Fund.”
(Ord. 08-57, passed 9-29-2008; Am. Ord. 09-30, passed 9-28-2009; Am. Ord. 11-19, passed 4-11-2011)