Legislation
SECTION 15-1510
Cemetery and funeral home combinations
Village (VIL) CHAPTER 64, ARTICLE 15
§ 15-1510 Cemetery and funeral home combinations. 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.
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.