After almost two years and almost $344,000 in fines, I get the City to admin on the record that I do not have to submit to the business license ordinance. My op-ed piece asks the question, if I'm exempt, then why isn't the rest of the people? It has to make you think. It is just bad, unenforceable law. Period.
Collinsville Herald Op-ed piece on business license.Editorial: If one is exempt from business license requirement, why not all?
Collinsville Herald
03/15/2006
It began in March 2004 with a letter from the city of Collinsville insinuating that I was required to have a business license to work out of my home.
After exhaustive research, a private meeting with Mayor Stan Schaeffer, and a candid phone conversation with Corporate Counsel Steve Giacoletto, I determined and declared that the city did not have the authority to pass and enforce such an ordinance, specifically as it applies to people working out of their homes. To date, I have not procured said license.
In a recent article, Economic Development Director Paul Mann reminded people to renew their business licenses or to procure a license if they are conducting "business" within the city. The article did not mention who was lawfully required to obtain a license.
I know of people who work out of their homes who have applied for a business license, whereas I have not. The difference is that I have read the ordinance, and the state statutes, and have determined that it did not apply to me.
I attempted to clarify the issue. I was allowed a private audience with Schaeffer, who assured me that he would not hold me accountable to the license ordinance, as I was not considered a "business," despite what the city previously stated. I posed several legal questions to the mayor, who referred me to Giacoletto, whom I called.
Giacoletto and I discussed this issue in detail. During that conversation, he told me that the city would not prosecute me for noncompliance with the ordinance, as he also agreed that what I did while working out of my home was not a "business activity."
Giacoletto and Schaeffer were very forthcoming with their information. I took exception to the ordinance; they met or spoke with me, and affirmed that I was not subject to the ordinance.
The question is -- what makes me different from the rest of area residents who work from home? I once again posed this question to the City Council in asking for clarification on the application of this ordinance. Surprisingly enough, both Giacoletto and
Schaeffer affirmed, again, how this ordinance doesn't apply to others who work from home.
What is curious is that the ordinance does not mention anything about home-based businesses. Why then, am I excluded from those having to comply? If it is not because I work from home, then is it the nature of my business?
This doesn't appear to be the case either. The ordinance presumes that anyone who is not already licensed by the state for their occupation is conscripted by the city to abide by their law. There is something more fundamental and profound here as to why I am not considered a business.
If it is not the nature of my business or the fact that I work from home, could it be that the law in general is inapplicable? This is a question you all need to consider and pursue. I would suggest contacting a councilperson and asking them if you have any obligation to comply in light of the statements made at the council meeting.
The City Council meeting aired on March 8 on Channel 10, where both the mayor and Giacoletto affirm that I am exempt. Although very telling, the statement is somewhat qualified in that it falls just short of total disclosure by not addressing the issue at-large.
I will make copies of this broadcast available for anyone interested by contacting me via e-mail at
mark@markmccoy.com.
If I am exempt, why aren't the rest of you?
Mark McCoy is a Collinsville resident.
