Section 15-1510. Cemetery and funeral home combinations


Latest version.
  • 1. No village shall,
      directly or indirectly:
        (a)  sell,  or  have, enter into or perform a lease of any of its real
      property dedicated to cemetery purposes or adjacent thereto to a funeral
      entity, or use any of its property for location of a funeral entity;
        (b) commingle funds used for cemetery purposes with a funeral entity;
        (c) direct or carry on its cemetery related business or affairs with a
      funeral entity;
        (d) authorize control of its cemetery related business or affairs by a
      funeral entity;
        (e) engage in any sale or cross-marketing of goods or services with  a
      funeral entity;
        (f)  have,  enter into or perform a management or service contract for
      cemetery operations with a funeral entity; or
        (g) have, enter into or perform a management contract with any  entity
      other  than  a  not-for-profit or religious corporation, or governmental
      entity.
        2. Only the provisions of paragraphs (a) and (b) of subdivision one of
      this section shall apply to villages with thirty acres or less  of  real
      property dedicated to cemetery purposes, and only to the extent the sale
      or  lease  is  of real property dedicated to cemetery purposes, and such
      cemeteries shall not engage  in  the  sale  of  funeral  home  goods  or
      services,  except  if such goods and services are otherwise permitted to
      be sold by cemeteries.
        3. For the purposes of this section, "funeral entity" means a  person,
      partnership,  corporation,  limited  liability  company or other form of
      business  organization  providing  funeral  home  services,  or  owning,
      controlling,   conducting   or  affiliated  with  a  funeral  home,  any
      subsidiary thereof or any officer, director or stockholder having a  ten
      per  centum  or  greater  proprietary,  beneficial,  equitable or credit
      interest in a funeral home.