§ 35.001 HOME RULE MUNICIPAL RETAILERS’ AND SERVICE OCCUPATION TAX EXEMPTING CERTAIN FOOD AND DRUGS.
   (A)   (1)   A tax is hereby imposed upon all persons engaged in the 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 in this municipality at the rate of 1.25% of the gross receipts from the sales made in the course of business while this section is in effect; and a tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, at the rate of 1.25% of the selling price of all tangible personal property transferred by the serviceman as an incident to a sale of service.
      (2)   The Home Rule Municipal Retailers’ Occupation Tax and the Home Rule Municipal Service Occupation Tax shall not be applicable to the sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics.
   (B)   The imposition of these home rule taxes is in accordance with the provisions of §§ 8-11-1 and 8-11-5, respectively, of the Illinois Municipal Code (ILCS Ch. 65, Act 5, §§ 8-11-1 and 8-11-5, 2000 State Bar Association Edition).
   (C)   The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of this state. The Department of Revenue shall have full power to administer and enforce the provisions of this section.
(1990 Code, § 27-1) (Ord. 90-1338, passed 4-2-1990; Ord. 95-1627, passed 8-7-1995; Ord. 95-1642, passed 10-16-1995; Ord. 99-1917, passed 9-7-1999; Ord. 03-2091, passed 4-7-2003; Ord. 22-3689, passed 12-19-2022)
Statutory reference:
   Authority for above taxes, see ILCS Ch. 65, Act 5, §§ 8-11-1, 8-11-5