March 24, 2004
Nadia Brahler
City of Collinsville
123 South Center Street
Collinsville, IL 62234
Re: Application for City Business License
Ms. Brahler,
Today I received an Application for a City Business License from the City of Collinsville. I am addressing this specifically to you because I understand that these licenses are under your purview. The application I received was not accompanied by any letter, notice, corresponding ordinance as to its applicability, or anything else for that matter, and absent any official city letterhead or duly authorized signature from a corporate authority representative. Therefore, I am enclosing said application and returning it to you so it not be wasted at a cost to the taxpayers.
I am dismayed as to why the city would capriciously send an unsolicited application to my address. Is it common practice of the city to send business applications to all residents? You also erred in addressing the envelope to “Mark McCoy (Internet Web Design)”. I do not, nor have I ever, gone by the designation of “Internet Web Design”, nor do I have a business incorporated under the name “Internet Web Design”, nor identify myself as doing business as “Internet Web Design”. The addressing of the letter, if to be viewed in the light of an official communiqué from the municipalities corporate authorities, lacks specificity as to whom the intended recipient of the letter is. I therefore, as a matter of courtesy, am responding for the non-entity of “Mark McCoy (Internet Web Design) since I am the closest representation of that entity at this address.
To my recollection, I did visit your office on March 23, 2004 and inquire as to the applicability of the city’s business license in certain circumstances. I also asked to be provided with a copy of the ordinance which empowers the city with the ability to not only license businesses, but to also compel them to register with the city. I was also refused access to, for viewing, the Municipal Code and City Charter, both of which, in conjunction with lawfully delegated powers from the state legislature, lais the foundation for all powers wielded by the municipality. I have yet to find any statute or legislation which supports the city’s presumption to license or register all businesses. Concordantly, your office refused to provide, either for viewing or copying, the ordinance at issue thus necessitating the submission of a Freedom of Information Act request to view that ordinance.
Absent any prima facie evidence of the existence of such an ordinance pursuant to 65 ILCS 5/1-2-5 and 65 ILCS 5/1-2-6, which was not produced upon my request, I can not be compelled to comply with your interpretation of the ordinance’s applicability in my circumstance. I can only be compelled to comply with lawful ordinances that I myself have read. No offense but, I prefer not to subject myself to the jurisdiction of the city predicated upon heresy. As in the application of Dillon’s Rule, a canon of strict construction for municipalities when attempting to validate ordinances, the lesson is that any reasonable doubt as to the power or authority of a municipality is to be resolved against it. Your office failed to provide me with the requested statutory authority for this ordinance on which I base my reasonable doubt as to its lawfulness.
During our chat you proceeded to ask me some probing questions of such a nature so as to lend perception to the construct of a business enterprise. Merely owning computers, fax machines or other business-like paraphernalia does not constitute a business, the legal definition which is still in dispute absent production of the applicable ordinance and supporting state statutes. If your erroneous proffer of a business license is predicated upon the possession of certain personal property then you may want to submit a number of license applications so as to provide for my mechanic’s business which is evidenced by the possession of various wrenches and tools; my cleaning business which is evidenced by mops, brooms and rags; and my bakery which is evidenced by my possession of a stove and various ingredients with which to make delectable pastries.
I will respectfully ask you to save the enclosed license for someone to whom it lawfully applies or who unwittingly wishes to controvert their right to make a living. In the mean-time I will refrain from further comment or discussion on the matter until I have had time to review the ordinance in question in further detail.
Thank you for your time.
Respectfully,
Mark McCoy
Cc:
Mayor Stan Schaeffer via post and email
Councilman Fred Dalton via post
Councilman Rick Rehg via post and email
Councilwoman Joy Springer via post
Councilman Jim Pulley via post and email
City Manager Henry Sinda via post and email