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An Ordinance Amending Chapter 122.41(A), Tax, of the Village Code of Ordinances
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WHEREAS, the Village of Romeoville has heretofore adopted certain ordinances now codified as and for Chapter 122.41 et seq. of the Village Code of Ordinances that levy and impose a tax upon the rent charged for the privilege and use of renting a hotel or motel room within the village for each 24-hour period or any portion thereof for which a daily room charge is made; and
WHEREAS, the Village is an Illinois home rule unit of government within the meaning of the Section 6(a) of Article VII of the Constitution of the State of Illinois, and is authorized pursuant thereto to exercise any power and perform any function pertaining to its government and affairs, including the power to tax; and
WHEREAS, the Corporate Authorities of the Village of Romeoville find that persons occupying hotel rooms within the Village for thirty (30) days or more are more likely to require additional amounts of Village services as compared to persons staying for twenty eight (28) or less days, thereby imposing additional costs generally upon the Village and its residents;
WHEREAS, the Corporate Authorities of the Village of Romeoville find that it is in the best interests of the Village to amend the hotel and motel room tax rate presently set forth in Chapter 122.41 of the Village Code of Ordinances as hereinabove contemplated.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT
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SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT OF CHAPTER 122.41(A) OF VILLAGE CODE OF ORDINANCES. All those provisions of all heretofore adopted Village ordinances codified as and for Chapter 122.41(A) shall hereby be amended to read as set forth below:
122.41(A)
(1) There is levied and imposed a tax of 9% of the rent charged for the privilege and use of renting a hotel or motel room within the village for each 24-hour period or any portion thereof for which a daily room charge is made, provided that the tax shall be imposed on and applicable to hotel stays of twenty eight (28) days or less. Persons residing in a hotel or motel that employs them shall be exempt from payment of the tax.
(2) In the event that any person engaged in the business of owning and operating any hotel or motel within the Village allows or permits any person not employed by said hotel or motel to stay and reside therein for any period of time in excess of twenty eight (28) days, there shall be a tax imposed on the owner or operator of such hotel in the amount of one thousand dollars per each person so residing in the hotel or motel person per each twenty eight day (28) period and any prorated fractional part thereof, with the calculation of such period of time to commence on the first day of occupancy of the hotel or motel occupant in question, subject to the exemptions hereinafter set forth:
(a) Persons residing in the hotel or motel in excess of twenty eight (28) days in connection with work or business activities of an employer located within the Village or within the Chicago metropolitan area, as evidenced by written documentation between the hotel or motel operator and the employer in question;
(b) Persons residing in the hotel or motel in excess of twenty eight days who are relatives of or caregivers for patients admitted at a hospital within the Chicago metropolitan area;
(c) Persons residing in the hotel or motel in excess of twenty eight days as a result of fire, flood, tornado or other similar natural disaster or weather related casualty, when reasonably documented by the relevant insurer or governmental agency;
(d) Persons residing in the hotel or motel in excess of twenty eight (28) days who are victims of domestic violence, sexual violence, or violence directed at a person relating to that person’s disability, where domestic violence and sexual violence shall have the meanings set forth in 765 ILCS 750/10, and where disability shall have the meaning set forth in the Illinois Human Rights Act, subject to the existence of a reasonably documented agreement or arrangement between the hotel or motel and any government agency or not for profit organization relative to the provision of temporary transitional lodging for such persons\,
(3) Subject to the exemptions identified in Section 122.41(A)(2)(a) through (d), no person engaged in the business of owning and operating any hotel or motel within the Village shall allow or permit any person not employed by said hotel or motel to stay and reside therein for any period of time in excess of twenty eight (28) days. Likewise, and subject to the exemptions identified in Section 122.41(A)(2)(a) through (d), no person that has resided in a Village hotel or motel for twenty (28) days shall reside further in such hotel or motel without vacating from the same for a period of forty eight (48) hours.
(4) Hotel room and motel room maximum occupancy shall be limited to the number of bed spaces within the hotel or motel room in question. Each queen size and king size bed within a hotel or motel room shall count as two bed spaces, with each such queen or king size bed thereby permitting two persons to occupy the hotel room or motel room in question. Each twin or full size bed shall count as one bed space, permitting one person to occupy the hotel or motel room in question, Each rollaway bed shall count as one bed space permitting one person to occupy the hotel or motel room in question, but not more than one rollaway bed shall be permitted to be used within a hotel or motel room at any given time. Nore more than two non-rollway beds shall be permitted to be used within a hotel room or a motel room at any given time. No person engaged in the business of owning and operating any hotel or motel within the Village shall allow or permit any hotel or motel room to be occupied by any number of persons greater than the number of bed spaces lawfully present within such hotel room or motel room.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency, and upon such repeal the relevant substantive provisions thereof shall be deemed to be replaced with the relevant substantive provisions hereof.
SECTION 5: REPEALER. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be in full force and effect as of its passage, and after its approval and publication in pamphlet form as provided by law.