Loading...
HomeMy WebLinkAboutOrdinances - 22-43 - 06/20/2022 - Storage Unit Tax CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 22-43 AN ORDINANCE CREATING A NEW CHAPTER 12 IMPOSING A NEW TAX ON THE TENANT'S PRIVILEGE OF RENTING NON-RESIDENTIAL REAL PROPERTY FOR STORAGE OF PERSONAL PROPERTY (SELF- STORAGE FACILITY RENTAL TAX), IN TITLE 3: FINANCE AND TAXATION OF THE MCHENRY CITY CODE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois June 20, 2022 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 21st day of June 2022. ORDINANCE NO. 22-43 AN ORDINANCE CREATING A NEW CHAPTER 12 IMPOSING A NEW TAX ON THE TENANT'S PRIVILEGE OF RENTING NON-RESIDENTIAL REAL PROPERTY FOR STORAGE OF PERSONAL PROPERTY (SELF-STORAGE FACILITY RENTAL TAX), IN TITLE 3: FINANCE AND TAXATION OF THE MCHENRY CITY CODE WHEREAS, the City of McHenry, McHenry County, Illinois (the "City") is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and WHEREAS,the rental from Self-Storage facilities within the City boundaries imposes costs on the City associated with their operations, and unlike retail businesses in the community, Self- Storage facilities contribute only marginal sales tax revenue to the City to help defray those costs; and WHEREAS,the City Council finds that it is in the interests of the health, safety and welfare of the City and its residents to impose a tax on the privilege of leasing Self-Storage units. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, pursuant to its home rule authority, as follows: SECTION 1: The foregoing recitals shall be and are hereby incorporated herewith. SECTION 2: The McHenry City Code, Title 3, be and is hereby amended by adding a new Chapter 12 as follows: CHAPTER 12. Self-Storage Facility Rental Tax 3-12-1: TAX IMPOSED: There is hereby imposed upon the rental or leasing of any Self-Storage Facility accommodations in the City of McHenry, a "Self-Storage Facility Rental Tax," at the rate of five percent (5%) of the gross rental or leasing charge. This tax shall be in addition to all other taxes. 3-12-2: DEFINITION OF SELF-STORAGE FACILITY: A "Self-Storage Facility" is a building or structure containing separately divided storage rooms offered for lease or rent to members of the public for the storage of a) personal property, or b) motor vehicles, boats, RVs and other vehicles. 3-12-3: TAX TO BE BORNE BY TENANT: The ultimate incidence of and liability for payment of the Self-Storage Facility Rental Tax shall be borne by the lessee or tenant of any Self-Storage Facility accommodation. Nothing herein shall be construed to impose a tax upon the occupation of leasing or operating Self-Storage Facilities. 3-12-4: SELF-STORAGE FACILITY TO SECURE TAX FROM TENANT: The Self-Storage Facility Rental Tax shall be collected by the Self-Storage Facility owner, manager or operator from the lessee or tenant when collecting the price, charge or rent for use of the Self-Storage Facility. Every lessee or tenant shall be given a bill, invoice, receipt, or other statement or memorandum of the price, charge or rent payable upon which the Self-Storage Facility Rental Tax shall be stated, charged, and shown separately. 3-12-5: REGISTRATION AND RECORDS TO BE KEPT Every owner, manager, or operator of a Self-Storage Facility in the City shall register with the City on forms provided by the Finance Department. Each such owner, manager, or operator shall have the duty to maintain complete and accurate books, records and accounts showing the gross receipts for the lease or rental of any Self-Storage Facility accommodations within the City of McHenry and showing the prices, rents or charges made or charged, and occupancies taxable under this Self-Storage Facility Rental Tax. The City Administrator, or his/her designee, shall at all reasonable times have full access to said books and records. 3-12-6: PAYMENT OF TAX TO CITY (A) On or before the thirtieth day of each calendar month, using tax return forms provided by the Finance Department, each Self-Storage Facility in the City shall file, with the Finance Department, a tax payment and a monthly tax return showing tax receipts with respect to the Self- Storage Facility Rental Tax from the prior month. (B) The City, in its discretion, may request from the Self-Storage Facility evidence documenting reported rentals. Any failure to supply documentation to substantiate correct payment shall be deemed a violation of this Code. (C) If any Self-Storage Facility owner, manager, or operator fails to collect the Self- Storage Facility Rental Tax, the owner shall remain liable for the Self-Storage Facility Rental Tax not collected and shall pay the amount of the Self-Storage Facility Rental Tax due to the City in accordance with this Chapter. (D) OPTIONAL: Every owner, manager or operator of a Self-Storage Facility in the City shall be entitled to retain five percent (5%) of all tax monies collected to defray the administrative burdens and costs associated with serving as tax collector for the City. The retained percentage shall be shown as a debit on the tax form filed with the City with the remainder of the tax revenues turned over to the City together with the corresponding tax return. 3-12-7: ENFORCEMENT, PENALTIES, FINES, AND INTEREST, SUSPENSION OF LICENSE (A) Any Self-Storage Facility that fails to collect, to timely pay all taxes due pursuant to this Chapter or who files a false tax return with the City shall be subject to the provisions of Chapter 9: Local Government Taxpayers' Bill of Rights, regulating locally imposed and administered tax rights and responsibility, including, but not limited to, those provisions related to interests, penalties, late fees, and failure to file. (B) Any person found guilty of violating any provision of this Chapter may, in addition to any tax or penalty due, be assessed a fine up to seven hundred fifty dollars ($750.00). Each day a violation continues to exist shall be a separate offense. Citations for violations of this Chapter shall be adjudicated by the City's administrative adjudication hearing officer, or at the choice of the City, by any court of competent jurisdiction. (C) The failure to comply with any obligation imposed by this Chapter shall also be grounds for the suspension or revocation of any license or permit issued by the City to the Self- Storage facility. (D) The City Administrator, or his or her designee, may prescribe reasonable rules; definitions and regulations to collect this tax. SECTION 3: Prior to the effective date of this Ordinance, the City Administrator or his or her designee, shall take appropriate steps to notify Self-Storage Facilities within the City of this new ordinance. SECTION 4: If any section, paragraph, subdivision, clause, sentence, or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect January 1, 2023, following its approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed this 20th day of June 2022. Ayes Nays Absent Abstain Alderman Devine X Alderman Glab X _ Alderman Harding X _ Alderman McClatchey X Alderwoman Miller X Alderman Santi X Alderman11/17. Strac X •. a . Wayne Jett, Mayor Y Monte Johnso , Deputy pY rtY Clerk