State of Illinois
91st General Assembly
Legislation

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91_HB4015

 
                                               LRB9110669MWgc

 1        AN ACT  concerning  the  development  of  retail  stores,
 2    amending named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5. The Counties Code is amended by adding Section
 6    5-12009.10 as follows:

 7        (55 ILCS 5/5-12009.10 new)
 8        Sec.12009.10. Retail stores.
 9        (a)  No project for a retail store or for  a  development
10    that includes a retail store that is subject to approval by a
11    county  or  any  of  its  departments  or subdivisions may be
12    approved if both of the following conditions exist:
13             (1)  the square footage of  the  retail  store  will
14        exceed 100,000 square feet; and
15             (2)  more  than  15,000  square  feet  of the retail
16        store will be devoted to the sale of merchandise taxed at
17        the 1% rate.
18        (b)  For the purposes of  this  Section,  the  sales  and
19    square  footage of adjacent stores shall be aggregated if the
20    stores share checkstands, management, a controlling ownership
21    interest, a warehouse, or a distribution facility.
22        (c)  The owner of a retail store with  a  square  footage
23    exceeding  100,000  square  feet that is approved on or after
24    January 1, 2001 must file an annual report  with  the  county
25    specifying  the  square  footage  of the store devoted to the
26    sale of  merchandise  taxable  at  the  1%  rate  during  the
27    previous year. At no time may a retail store that is approved
28    on  or  after  January 1, 2001 devote more than 15,000 square
29    feet of the store to the sale of merchandise taxed at the  1%
30    rate.
31        (d)  Any person may institute proceedings to enforce this
 
                            -2-                LRB9110669MWgc
 1    Section in the circuit court.
 2        If  the  square  footage of a retail store devoted to the
 3    sale of merchandise taxed at the 1% rate exceeds  the  limits
 4    specified in paragraph (2) of subsection (a) of this Section,
 5    the  court  shall  award  the  State,  and not the prevailing
 6    plaintiff, an amount equal to (i) not more than  50%  of  the
 7    proceeds  of  the sale of merchandise taxed at the 1% rate or
 8    (ii) not more than 50% of the value  of  the  square  footage
 9    devoted to the sale of merchandise taxed at the 1%, whichever
10    is  greater.   The  court  shall  award  costs and reasonable
11    attorneys' fees to the prevailing plaintiff.   The  owner  of
12    the retail store shall pay any penalties, costs, or fees.

13        Section  10.  The  Township  Code  is  amended  by adding
14    Section 100-36 as follows:

15        (60 ILCS 1/110-36 new)
16        Sec.  110-36.  Retail stores.
17        (a)  No project for a retail store or for  a  development
18    that includes a retail store that is subject to approval by a
19    township  or  any  of  its departments or subdivisions may be
20    approved if both of the following conditions exist:
21             (1)  the square footage of  the  retail  store  will
22        exceed 100,000 square feet; and
23             (2)  more  than  15,000  square  feet  of the retail
24        store will be devoted to the sale of merchandise taxed at
25        the 1% rate.
26        (b)  For the purposes of  this  Section,  the  sales  and
27    square  footage of adjacent stores shall be aggregated if the
28    stores share checkstands, management, a controlling ownership
29    interest, a warehouse, or a distribution facility.
30        (c)  The owner of a retail store with  a  square  footage
31    exceeding  100,000  square  feet that is approved on or after
32    January 1, 2001 must file an annual report with the  township
 
                            -3-                LRB9110669MWgc
 1    specifying  the  square  footage  of the store devoted to the
 2    sale of  merchandise  taxable  at  the  1%  rate  during  the
 3    previous year. At no time may a retail store that is approved
 4    on  or  after  January 1, 2001 devote more than 15,000 square
 5    feet of the store to the sale of merchandise taxed at the  1%
 6    rate.
 7        (d)  Any person may institute proceedings to enforce this
 8    Section in the circuit court.
 9        If  the  square  footage of a retail store devoted to the
10    sale of merchandise taxed at the 1% rate exceeds  the  limits
11    specified in paragraph (2) of subsection (a) of this Section,
12    the  court  shall  award  the  State,  and not the prevailing
13    plaintiff, an amount equal to (i) not more than  50%  of  the
14    proceeds  of  the sale of merchandise taxed at the 1% rate or
15    (ii) not more than 50% of the value  of  the  square  footage
16    devoted to the sale of merchandise taxed at the 1%, whichever
17    is  greater.   The  court  shall  award  costs and reasonable
18    attorneys' fees to the prevailing plaintiff.   The  owner  of
19    the retail store shall pay any penalties, costs, or fees.

20        Section  15.  The  Illinois  Municipal Code is amended by
21    adding Section 11-13- 11.5 as follows:

22        (65 ILCS 5/11-13-11.5 new)
23        Sec. 11-13-11.5.  Retail stores.
24        (a)  No project for a retail store or for  a  development
25    that includes a retail store that is subject to approval by a
26    municipality or any of its departments or subdivisions may be
27    approved if both of the following conditions exist:
28             (1)  the  square  footage  of  the retail store will
29        exceed 100,000 square feet; and
30             (2)  more than 15,000  square  feet  of  the  retail
31        store will be devoted to the sale of merchandise taxed at
32        the 1% rate.
 
                            -4-                LRB9110669MWgc
 1        (b)  For  the  purposes  of  this  Section, the sales and
 2    square footage of adjacent stores shall be aggregated if  the
 3    stores share checkstands, management, a controlling ownership
 4    interest, a warehouse, or a distribution facility.
 5        (c)  The  owner  of  a retail store with a square footage
 6    exceeding 100,000 square feet that is approved  on  or  after
 7    January   1,  2001  must  file  an  annual  report  with  the
 8    municipality specifying  the  square  footage  of  the  store
 9    devoted  to  the  sale  of merchandise taxable at the 1% rate
10    during the previous year. At no time may a retail store  that
11    is  approved  on  or  after  January 1, 2001 devote more than
12    15,000 square feet of the store to the  sale  of  merchandise
13    taxed at the 1% rate.
14        (d)  Any person may institute proceedings to enforce this
15    Section in the circuit court.
16        If  the  square  footage of a retail store devoted to the
17    sale of merchandise taxed at the 1% rate exceeds  the  limits
18    specified in paragraph (2) of subsection (a) of this Section,
19    the  court  shall  award  the  State,  and not the prevailing
20    plaintiff, an amount equal to (i) not more than  50%  of  the
21    proceeds  of  the sale of merchandise taxed at the 1% rate or
22    (ii) not more than 50% of the value  of  the  square  footage
23    devoted to the sale of merchandise taxed at the 1%, whichever
24    is  greater.   The  court  shall  award  costs and reasonable
25    attorneys' fees to the prevailing plaintiff.   The  owner  of
26    the retail store shall pay any penalties, costs, or fees.

27        Section  99.  Effective  date. This Act takes effect upon
28    becoming law.

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