(A) It shall be unlawful for any corporation or association, not incorporated under the laws of the state, to engage in the village, in effecting fire insurance, or to transact any business of fire insurance in the village, while in default by not fully complying with any of the requirements of this section, and until the 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.
(B) Any such corporation, company or association not incorporated under the laws of the state, which is engaged in the village in effecting fire insurance, shall pay the Village Treasurer, for the maintenance, use and benefit of the Fire Department of the village, a sum of money equal in amount to two percent per annum of the gross receipts received as premiums upon fire insurance policies by any and all agents of the 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 village, by or with the corporation, company or association during that year.
(C) Every person acting in the village as agent, for or on behalf of any corporation, company or association, shall, on or before July 15 of each and every year, render the Village Clerk a full, true and just account verified by his or her oath, of all premiums upon fire insurance policies which, during the year ending July 1 preceding the report, shall have been received by him or her, or by some other person for him or her, in his or her behalf of any such corporation, company or association on property located in the village. The agent shall also at the time of rendering the report, pay to the Village Treasurer the sum of money for which company, corporation or association represented by him or her is chargeable, by virtue of the provisions of this division (C).
(D) The sum of money for which the 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 village 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,” in force July 1, 1895.
(E) No insurance agent in the village 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 hereinbefore provided, until it shall have complied with all the requirements of this section.
(Ord. 210, passed 5-10-1950) Penalty, see § 33.99