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PostPosted: Fri Jun 30, 2017 4:42 pm 
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Judge blocks Cook County soda pop tax


A juddge on Friday temporarily put Cook County's penny-per-ounce tax on sweetened beverages on hold. It was set to go into effect Saturday.

The ruling by Circuit Judge Daniel Kubasiak came days after the Illinois Retail Merchants Association and several grocers filed a lawsuit against the Cook County Department of Revenue seeking to block the tax, which they argue is unconstitutional and too vague.

County officials have said the new tax is needed to pay for services and will improve the public's health over time. Meanwhile, many retailers oppose the tax, which would apply to a wide variety of sugar- and artificially sweetened beverages.

"The Court is fully aware of the importance of the tax to Defendant's budget," Kubasiak wrote in his ruling. "However, the Court believes it is necessary to maintain the status quo in order to protect the interests of all consumers, all taxpayers, and the effected merchants."

The retailers have argued that, under the Illinois Constitution, similar objects should be taxed uniformly. Under the sweetened beverage tax, drinks in a bottle, or from a fountain machine, are taxable. But on-demand, custom-sweetened beverages, such as those mixed by a server or barista, aren't subject to the tax. Also exempt: purchases made with food stamps.

David Ruskin, a Horwood Marcus Berk lawyer representing the retailers, told the judge at a Thursday hearing that a temporary restraining order was needed because there currently isn't a system in place for the thousands of customers who would be due refunds should the tax eventually be found unconstitutional. That lack of a refund setup on taxes already collected, he said, would make retailers vulnerable to class-action lawsuits by members of the public who would clamor for their money back should the tax eventually be struck down.

Failing to collect the tax results in a $1,000 penalty for the first offense and $2,000 for each subsequent offense. "Those penalties are going to put retailers out of business," Ruskin said during the Thursday hearing.

The judge noted that retailers knew months ago that this tax was looming. "I suspect every tax has some sort of quirk," Kubasiak said.

But Ruskin noted that, since June 1, the county has revised the regulations "no less than four or five times." So the court also should ask the county why it continued to make changes to the tax right up until the last minute. "They have revised their own regulations," Ruskin said. So "it's not just the retailers" who aren't ready.

Retailers need more time to get cash registers and accounting systems changed, he said, noting that some merchants also operate outside of Cook County.

On the other side, Assistant State's Attorney Sisavanh Baker told Kubasiak on Thursday that the tax, on its face, is essentially unchanged since it was enacted in November 2016. She also said the retailers lack standing in court since they're just collecting the tax from consumers.

"This is a lawful tax," Baker said. In the unlikely event that the tax is found unconstitutional, dollars collected can be refunded — which means that there's no irreparable harm, she said.

The judge wondered about the process by which consumers could claim refunds if the tax is thrown out, such as whether they'd have to keep their receipts.

Consumers regularly save receipts, Baker responded.

James Beligratis, another assistant state's attorney, said concerns about class-action lawsuits are a "conjured-up scenario" that can be raised with any new tax. He said the county's recent changes were made to help clarify what's required under the tax. The ordinance also is structured similarly to taxes on alcoholic beverages, gasoline and bottled water, levies that have survived legal challenges, Beligratis said.

The sweetened beverage tax could also help reduce obesity rates, an upside outweighing the harm of the tax, the lawyers said. The county is seeking to have the lawsuit dismissed.


http://www.chicagotribune.com/business/ct-cook-soda-tax-0701-biz-20170630-story.html


Crook County, Lulz


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PostPosted: Fri Jun 30, 2017 4:50 pm 
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this is just a copy paste


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PostPosted: Fri Jun 30, 2017 4:51 pm 
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That's a lot of words for me to read.


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PostPosted: Fri Jun 30, 2017 4:52 pm 
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Yeah it is. The first article posted on their site after the judge ruled. As I heard it on CBS News.

Would you like me to summarize?


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PostPosted: Fri Jun 30, 2017 4:52 pm 
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82% tax on certain beverages.


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PostPosted: Fri Jun 30, 2017 4:53 pm 
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I don't care what you do but the copy and paste can really piss people off


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PostPosted: Fri Jun 30, 2017 4:53 pm 
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garrison wrote:
I don't care what you do but the copy and paste can really piss people off


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PostPosted: Fri Jun 30, 2017 4:53 pm 
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In the county with the highest sales taxes in the country

In the state that is going get a junk bond rating tomorrow.


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PostPosted: Fri Jun 30, 2017 4:54 pm 
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The retailers have argued that, under the Illinois Constitution, similar objects should be taxed uniformly. Under the sweetened beverage tax, drinks in a bottle, or from a fountain machine, are taxable. But on-demand, custom-sweetened beverages, such as those mixed by a server or barista, aren't subject to the tax. Also exempt: purchases made with food stamps.


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PostPosted: Fri Jun 30, 2017 4:54 pm 
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i haven't read the illinois constitution in years, but it does sound like it is.

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-Nietzsche


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PostPosted: Fri Jun 30, 2017 4:55 pm 
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Tax the fuck out of the yuppie coffee drinks too I say.


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PostPosted: Fri Jun 30, 2017 4:55 pm 
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and craft beer


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PostPosted: Fri Jun 30, 2017 4:57 pm 
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and DBMB posts.

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You have your way. I have my way. As for the right way, the correct way, the only way, it does not exist.
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PostPosted: Fri Jun 30, 2017 4:58 pm 
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There's already an alcohol tax.

This is about sugar.

And the Illinois constitution


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PostPosted: Fri Jun 30, 2017 4:59 pm 
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Just follow the Colorado model and that will solve a lot of issues.

It's just funny how the state pushes away(Chicago has the biggest decrease in population out of any big city). And I was talking to coworkers earlier about the fireworks billboards enticing people to buy across state lines (both Indiana and Wisconsin).


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PostPosted: Fri Jun 30, 2017 5:00 pm 
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What's the Colorado model of sweetened beverage tax?


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PostPosted: Fri Jun 30, 2017 5:01 pm 
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mybodyguard wrote:
What's the Colorado model of sweetened beverage tax?


tax da weed instead

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PostPosted: Fri Jun 30, 2017 5:01 pm 
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Yeah, I was being intentionally obtuse.


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PostPosted: Fri Jun 30, 2017 5:02 pm 
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astropimp wrote:
mybodyguard wrote:
What's the Colorado model of sweetened beverage tax?


tax da weed instead


Yup.


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PostPosted: Fri Jun 30, 2017 5:03 pm 
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mybodyguard wrote:
Yeah, I was being intentionally obtuse.


Image


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PostPosted: Fri Jun 30, 2017 5:05 pm 
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lol
Also exempt: purchases made with food stamps.


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PostPosted: Fri Jun 30, 2017 5:05 pm 
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Tax food stamps.

Those poor people can afford it with all their free money


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PostPosted: Fri Jun 30, 2017 5:06 pm 
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I say just take away benefits all together


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PostPosted: Fri Jun 30, 2017 5:07 pm 
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garrison wrote:
lol
Also exempt: purchases made with food stamps.


Considering that poor people typically drink shit bad for them in higher numbers it is counterproductive if they truly want to improve health and raise funds.


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PostPosted: Fri Jun 30, 2017 5:07 pm 
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exactly


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PostPosted: Fri Jun 30, 2017 5:08 pm 
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So tax people to healthier living but then what happens to the revenue when people stop buying unhealthy stuff?


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PostPosted: Fri Jun 30, 2017 5:09 pm 
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If anything the pension reformist one of the biggest things needed to turn things around. More than any public assistance.


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PostPosted: Fri Jun 30, 2017 5:09 pm 
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you are kind of all over the place in this thread bear cobb


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PostPosted: Fri Jun 30, 2017 5:10 pm 
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mybodyguard wrote:
So tax people to healthier living but then what happens to the revenue when people stop buying unhealthy stuff?


Good question considering the decrease in tobacco smoking per the truth group. Just double the tax rate to make up for it?


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PostPosted: Fri Jun 30, 2017 5:10 pm 
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garrison wrote:
you are kind of all over the place in this thread bear cobb


Fuck yeah I am.


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PostPosted: Fri Jun 30, 2017 5:10 pm 
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:lol: i love it


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PostPosted: Fri Jun 30, 2017 5:11 pm 
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mr_bearcobb wrote:
mybodyguard wrote:
So tax people to healthier living but then what happens to the revenue when people stop buying unhealthy stuff?


Good question considering the decrease in tobacco smoking per the truth group. Just double the tax rate to make up for it?



oh right on I'm glad to hear they are making a difference


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PostPosted: Fri Jun 30, 2017 5:11 pm 
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mr_bearcobb wrote:
garrison wrote:
you are kind of all over the place in this thread bear cobb


Fuck yeah I am.


:lol:


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PostPosted: Fri Jun 30, 2017 5:14 pm 
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First they came for the alcohol , and I did not speak out—
Because I was not a drinker.

Then they came for the tobacco , and I did not speak out
Because I was not a tobacco user.

Then they came for the soda, and I did not speak out—
Because I was not a soda drinker.

Then they came for the coffee drinks and pastries —and there was no one left to speak for me.


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PostPosted: Fri Jun 30, 2017 5:14 pm 
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drink bleach


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PostPosted: Fri Jun 30, 2017 5:15 pm 
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Bleach is still subject to normal sales tax


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PostPosted: Fri Jun 30, 2017 5:16 pm 
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dammit I was going to say heavily taxed bleach


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PostPosted: Fri Jun 30, 2017 5:17 pm 
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Bleach drinkers get all the breaks


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PostPosted: Fri Jun 30, 2017 5:22 pm 
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i'll pay for it if you just drink it


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PostPosted: Fri Jun 30, 2017 5:23 pm 
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I only buy lemon bleach.


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PostPosted: Fri Jun 30, 2017 5:24 pm 
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I like lemons


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PostPosted: Fri Jun 30, 2017 5:25 pm 
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Limes are cooler though. They are green.


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PostPosted: Fri Jun 30, 2017 5:26 pm 
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sweet thead

tax it


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PostPosted: Fri Jun 30, 2017 5:27 pm 
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I used to be lime lime lime but recently, I've rediscovered the beauty of the lemon.


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PostPosted: Fri Jun 30, 2017 5:32 pm 
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Is it mean to offer your kids bitter fruits like lemons and limes like they are sweet fruit?

Lemons are better for fish but limes are better for tacos


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PostPosted: Fri Jun 30, 2017 5:34 pm 
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Can we talk semantics of bitter/sour before I answer that?

No, Its totally fine, if you can't fuck with your kids once and a while, what's the point?


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PostPosted: Fri Jun 30, 2017 5:41 pm 
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Lemon or lime generally.


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PostPosted: Fri Jun 30, 2017 5:52 pm 
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Sweet thread garrison


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PostPosted: Fri Jun 30, 2017 5:52 pm 
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lol


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PostPosted: Fri Jun 30, 2017 7:36 pm 
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Let me tell you how it will be
There's one for you, nineteen for me
'Cause I'm the taxman, yeah, I'm the taxman

Should five per cent appear too small
Be thankful I don't take it all
'Cause I'm the taxman, yeah I'm the taxman

If you drive a car, I'll tax the street,
If you try to sit, I'll tax your seat.
If you get too cold I'll tax the heat,
If you take a walk, I'll tax your feet.

Don't ask me what I want it for
If you don't want to pay some more
'Cause I'm the taxman, yeah, I'm the taxman

Now my advice for those who die
Declare the pennies on your eyes
'Cause I'm the taxman, yeah, I'm the taxman
And you're working for no one but me.


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