HomeMy WebLinkAbout06-26-1944 Regular Meeting•
STATE OF A7.ABAT;
COUNTY OF BALDI VI I N
The Town Council of the Town of Fairhope met in
regular session at the Tovan Hall Tti�londay June 26,
1944, at 7:30 P.J.T. with the following members
present: Howard Ruge, IoIayor, Councilmen: C. A.
Gaston, H. P. Kamper, W. 0. Keeble and J. 0.
St;
m-ason.
The minutes of the previous regular meeting were
approved as read.
Councilman C. A. Gaston moved that the rules be
suspended and unanimous consent be given for immedi-
ate consideration of and action on Ordinance #169, which
motion was seconded by Councilman J. 06 Stimpson and
upon the motion being put to vote the following vote
was recorded:
Voting Aye: Howard Ruge, Mayor, Councilmen: C. A.
Gaston, H. P. Kamper, 17. 0. Keeble and J. 0. Stimpson.
Voting Nay: None.
Councilmen Dyson being absent.
The TlayTor thereupon declared that the motion for
unanimous consent for immediate consideration of and
action on said Ordinance had been unanimously carried.
Councilman 7. 0. Keeble thereupon moved that the said
Ordinance be finally adopted, which motion was seconded
byr Councilman H. P. Kamper, said Ordinance having been
read in full and upon said motion being put to vote
the folloTrring vote was recorded:
Voting Aye: Howard Ruge, T.ayor, Councilmen: C. A.
Gaston, 11. P. Kamper, 7. 0. Keeble and J. 0. Stimpson.
Councilman Dyson being absent.
The Mayor thereupon announced that the motion for
adoption of said Ordinance had been unanimously carried.
Said Ordinance adopted June 26, 1944 and effective June
27, 1944, which said Ordinance words and figures as
f ollo"'s:
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ORDINANCE ITO 169
AN ORDINANCE TO REGULATE T=M RETAIL SALE AND
CONST-711PTION OF LIQTJOR S, AS DyFI?TED I`T TITLE
29, .(,' AUPTER 1 OF TTE 1940 CODE Cl? ALABAYA, VTITH-
IN TIM CORPORATE LIILLIT S of Tin TOMT of FAIRHOPI; ,
ALAT3A!!A, AND 7ITHI7 T=1 POLICE JURISDICTION
TI REOF ; AND TO REgUIRE A PMITIT :T'ROI:.1 TTTv TC"9N
OF FAIRTTOPE BEFORE ENGAGIITG IN TIC BUSINESS AS
RETAIIWR OF LIy,TJORS "?ITITI?7T THE CORPORATE LII`ITS
OP TIM TOMIT AND-TTTTIY TIM POLICE JURISDICTION
THT<;REOF; A'`TrD TO PROVIDE A LICEITM TAX TJi'+ +ON
AIM TO EITFORCT TTiE PROVISION OF THIS ORDINANCE
AND TO PROVIDE FOR A PENALTY FOR ITS VIOLATION.
BE IT ORDAIN D BY TTU,3 TOT7N COUNCIL OF TTIE TOTN OF F.AIRHOPE,
AL.k'9AT!A :
SECTION 1. DEFINITIOITS. Words and phrases used in this ordi-
nance, and not herein defined, and which are specifically defined
in the Alcoholic Beverage Control statutes of the State of Alabama.,
unless the context plainly shows a different meaning, shall be
given the meaning ascribed to them in the Alabama Alcoholic
Beverage Control Statutes.
\ The term "retailer" shall mean and be construed to include
any and all persons authorized by law to sell liquors at retail_
in the Town of Fairhope and in the police jurisdiction thereof
under the laws of the State of Alabama.
The tern "person" shall mean and include any and all stores,
shops, hotels, clubs and all other persons, firms, corporations
or associations authorized under the laws of the State of Alabama
to sell Liquors at retail in the Town of Fairhope and the police
jurisdiction thereof.
c7,CTION 2. YTRITIT. No person shall engage in the business
of retailer of liquors in the Town of "airhope or in the police
jurisdiction thereof without first obtaining a permit therefor
from the Town of Fairhope. Such permit shall be issued by the
Town Clerk and must be ap•arcved by the 'Mayor before the same shall
be valid. The Town Council of The Town of Fairhope shall pre-
scribe the form of application for such permit and shall prescribe
the form of such permit. every person applying for and obtaining
a permit to engage in such business shall pay to the Town Clerk
for the benefit of the Town the sum of10.00 for a permit to
engage in such business within the corporate limits of the Town
of Fairhope and ^)5.00 to engage in such. business without the
corporate limits, but within the police jurisdiction thereof. The
fee for such permit shall accompany .the application for the issuance
of such permit. No reduction or proration of the fee for the
permit shall be allowed on account of not commencing business on
the first day of January, nor shall any rebate be allowed upon
revocation, suspension, or surrender of such permit before the
expiration thereof.
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SECTION 3. LICENSE TAX.
(a) There is hereby levied on all persons engaged in the
business of selling liquors at Netail within the corporate limits
of the Town of Fairhope, Alabama, a license tax equal in amount
to M _per cent of the purchase price paid by such retailer
for such liquors each calendar month, such amount to be -paid on
or before the 15th day of each month next follovxring the last
daz, of each month in which such person shall engage in such
business; and if not paid on or before such date, there shall
be added thereto a -penalty of 15j' of the amount of the tax due.
Said tax shall be paid to the Town Clerk and a receipt issued
therefor.
(b) There is hereby levied on all persons engaged in the
business of selling liquors at retail beyond the corporate
limits of the Town of Fairhope but Wraith' the olice jurisdiction
thereof a license tax equal in amount '�oO'cent of the
purchase price paid by such retailer for such liquors each
calendar month, such amount to be paid on or before the 15th day
of each month next following the last day of each month in which
such person shall engage in such business; and if not paid on or
before such date, there shall be added thereto a penalty of 15
of the amount of tax due. Said tax shall be paid to the Town
Clerk and a receipt issued therefor.
SECTION 4. RECORDS AND REPORTS. It shall be the duty of
every person engaging in the business of selling liquors within
the Town of Fairhope and within the police jurisdiction thereof
to keep a correct and intelligible record,of all purchase of liquor
for sale at retail within the Town and police jurisdiction thereof
and of the price naid therefor and to render to the Town Clerk on
or before the 15th day of each calendar month a sLJorn statement
of the quanity of liquors purchased during the preceeding calendar
month and of the price raid therefor, from whom and -"There purchased,
and to ray the tax herein levied; the Alabama Alcoholic Control
Board being willing to cooperate therein, such person shall also
furnish to the Town Clerk a Certificate from such Control Board
showing the quanity and price of all liquors so purchased for
such purpose. All records required under this ordinance shall be
kept at the -place of business for which the liquors were purchased
and shall at all times be opened to inspection by the Town.
ACTION 5. ;EPAR.ATB OF iTSES. It shall be unlawful for any
person to engage in business as a�retailer of liquors within the
corporate limits of Fairhope or within the police jurisdiction
thereof without first obtaining the permit herein provided or to
continue in business after and while such permit is revoked or
suspended or after default in the payment of the taxes herein
levied; and each day's operation in violation of this ordinance
shall constitute a separate offense.
SECTION 6. PInCE OF BUSINESS. Every person subject to any -
provision of this ordinance shall designate the place at �7hich
such business is to be carried on and the permit issued shall desig-
nate such place and such permit shall authorize the carrying on of
such business only at such -place. For each place at which such
business is carried on, a se-parate permit shall be required. The
-permit issued hereunder shall at all times be posted in a con-
s-picous -place at or in the place for which the same is issued.
�'CTION 7. R7VOCATION 01' p' R7"IT9. Any permit issued under
this ordinance shall be subject to revocation by the Town Council
of the Town of Fairho-pe for violation by the person holding such
permit of any provision of this ordinance or of any other ordinance
of the Town of Fairhope relating to the business covered by the
permit issued hereunder, and shall also be subject to revocation by
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the Town Council of the Town of Fairhope, if the person holding
such permit, under color of such hermit, violates or aids or
abets in violating or knowingly* permits or suffers any other
person to violate an7 'nenal ordinance or 1 w of the Town of
Fairhope or of the State of Alabama. Such permit shall also
be subject to revocation, if the person holding such permit
under color of such permit, violates'or aids or abets in
violating or knowingly permits or suffers any other person to
violate in or at his place of business covered by such permit
any provision of the Alabama Beverage Control Statutes or any
amendment thereto hereafter adopted or any law hereafter or
heretofore passed by the State of Alabama regulating the
manufacture, sale or cons'znption of alcoholic beverages. ITo
refund of any part of the fee paid for such permit shall be
made upon revocation of the permit. The Mayor or the Town ma',r
suspend any -permit issued under this ordinance when, in his
opinion, cause exists for the revocation of said permit by the
Town Council, and upon suspension he shall give notice to the
person holding such permit to appear before the Town Council
at such time as he shall designate, not later than the next
regular meeting of such Town Council, and then and there show
cause why the Town Council should not revoke such permit. No
person whose permit has been suspended by the 'Mayor shall
engage in the business for vahich such permit was issued', unless
and until the Toivn Council shall pass upon such suspension and
determine that his -permit ought not to be revoked. And any
person who shall continue in business after the suspension or
revocation of the permit I,V, the Tlayror or by the Town Council,
as provided herein, shall be guilty- of a misdemeanor and shall
be punished as provided in this ordinance. Any person. whose
permit has been suspended or revoked by the Town Council as
provided in this ordinance, may -appeal from such suspension or
revocation to the Circuit Court of Baldwin County, Alabama, in
the manner provided for appeals from the Recorder's Court. Upon
such appeal any person taking an appeal under this section, shall
give security for costs in such amount as shall be fixed by the
Clerk of the Circuit Court; provided, however, that if the
suspension or revocation of the permit is because of the failure
to pay the tax herein levied, before taking such appeal the person
appealing gust also pay the amount of the tax owing or ascertained
by the Town Council, or give bond as security therefor in double
the amount of the tax, such bond to be approved by the Clerk of
the Circuit Court as to the amount and sufficiency of sureties
and conditioned as bonds for appeal from the assessment of taxes.
Upon the suspension or revocation of a permit issued under
this ordinance, the Mayor shall cause a placard to be posted at
or within the place of business of such licensee bearing the
following iR,ords and phrases:
The permit issued to
under which liquors have been sold from these
premises has been revoked (or suspended as the case
may be).
This the _ day of
Signed:
]':Mayor of the
Town of Fairhope
SFGTICN 8. If any person required to pay a license hereunder
shall fail or refuse to make report thereof, the Town Council may
make or cause to be -made an assessment of -the tax owing by
msuch
person from such evidence as it can obtain, and when such assess-
ment is made, it shall give notice to the person owing such tax
of the amount of such assessment, and such person may contest the
same within five days, such contest to be before the Town Council
of the Tovm of Fainccpe at which said contest, the tax payer may
adduce such evidence before the Town Council as he shall see fit
to show the amount of the tax owing by him or that none is owing,
and the Town Council may li'_ceSTi se adduce or cause to be adduced
before it evidence to sustain the assessment of such tax or to
prove the amount owing by such tax payer; and on such hearing
the said Council shall hear all the evidence and shall make a
final assessment of such tax. The tax payer may appeal to the
Circuit Court from any assessment made against him, the same to
be taken in the manner provided for appeals from the Recorder's
Court, such appeal to be taken "ri+hin the time provided for
appeals from the Recorder's Court. If no appeal is taken within
such time, the tax shall be due on demand.
Provided that before taking an appeal under this Section,
the tax -payer must pay the amount of the tax ascertained -and
assessed by the Town Council or give bond in double the amount so
ascertained and assessed with surety approved by the Clerk of the
Circuit Court, such bond -payable to tT)e Town of Fairhope and
conditioned that if he shall not perfect such apxreal,
or if he shall prosecute said appeal and shall fail therein, he
shall pay such tax as shall be found due and assessed by the
said Circuit Court of _Baldwin County, Alabama; and in addition
thereto such tax payer, on taking such appeal, shall also give
security for costs -in such amount and with such sureties as
shall be arproved by the Clerk of the Circuit Court of Baldwin
County, Alabama.
If the Town Council shall not be satisfied with the return
made by any person of the license tax owing, the Toun Council may
proceed to investigate the same and make such assessment as it
shall deem proper, and such tax payer shall have the right to
contest and a?opeal from the assessment in the manner hereinabove
provided for where no return is made. If no appeal is taken,
the tax shall be due on demand.
If any person shall fail or refuse to pay the tax upon any
return made by him, or upon any assessment made by the Town
Council upon demand, collection thereof shall be enforced by
attachment.
The provisions of this ordinance for the assessment and
collection of a license tax levied hereunder are cumulative and
shall not be construed to repeal any ordinance hereafter passed
by the Town Council, relative to the assessment and collection
of license taxes, nor to prevent the town from proceeding under
any statute of the State of Alabama heretofore or hereafter
adopted regulating and providing for the assessment and collection
of license taxes by municipal corporations.
MECTION 9. CRD'IYAL Rw']G1TL1,TIONS.
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(a) It shall be unlawful for any licensee to sell, furnish
or give away liquors to any person visibly intoxicated, or to any
insane person, or to any minor, or to habitual drunkards or
persons of known intemperate habits.
(b) It shall be unlawful for any licensee to fail to keep
for a period of at least two gears complete and truthful records
covering his operation under his permit, and particularly showing
the date of all purchases of liquors, the actual price paid there-
fore and the name of the vendor, or to refuse the duly constituted
officer or agent of the Town of Fairhope access thereto, or the
_opportunity to make copies of the same when request is made
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during business hours.
(c) It shall be unlawful for any licensee h.ereizndr�r to
refuse the duly authorized officer or employee of the Tov,n of
Fairhope the right to completely inspect the entire licensed
premises at any time during which the premises are open for the
transaction of business.
(d) It shall. be unlawful for any licensee under this
ordinance to be directly or indirectly employed by any other
licensee under this ordinance.
(e) It shall be unla'v ful for any licensee under this
ordinance to sell any liquors to any person engaged in illegally
selling liquor, vinous and/ or malt or brewed beverages.
(f) It shall be unlawful for ary retailer of liquors
licensed hereunder to purchase or receive any liquors, except from,
tl,,e Alabama Alcoholic Control Board or a -person authorized by the
State law to sell. liquors to such licensee.
(g) It shall be unlawful for any retailer to sell, furnish
or give away liquors on the day of any Federal, State, Counts,
or Municipal election, or on the date of any primary held for the
nomination of an-- Federal) State, County or i,Tunicipal officer,
until after the time fixed by for the closing of the polling
-places.
(h) It shall be unlawful for any retailer of liquors to
furnish, give or sell below fair cost any lunch to any consumer,
except such articles of food as the Alabama Alcoholic Beverage
Control Board may authorize and approve.
(i) It shall be unlawful for any person to take down, destroy,
mutilate, or conceal the wording of, any placard or other writing
posted on the premises under authority of this ordinance.
(j) It shall be unlawful for any person to whom a permit is
issued hereunder not to keep such permit at all times displayed in
such manner that it can be seen by the public and by persons
dealing with the licensee.
4 TION 10. CONSTRUCTION. No provision of this ordinance
shall be constr,,zed so as to tax interstate, commerce or any
business of the United States Government, the State of Alabama or
any branch or agency of either.
97CTION 11. SEZTT ?TVOILITY. Each ?nd every -provision of this
ordinance is herebdeclared to be an.independent provision and the
holding- of any provision thereof to be void or invalid shall not
affect the other -provisions tilereof, and it is hereb-, declared that
the other provisions of this ordinance would have been enacted
regardless of any provision which mi rht be held invalid if suffici--
eA remain to effect the purpose of this ordinance.
SECTION 12. P MALTY. Any person violating any of the provi-
sions of this ordinance shall, upon conviction, be fined not less
than twenty-five dollar-s ($25.00) nor more than one hundred dollars
(1100.00), and may also be sentenced to hard labor for not exceeding
ninety days, either one or both.
SECTION 13. INTER'D=TATIO;4. This ordinance shall be deemed
an exercise of the -police power of the Town of Fairhope for the pro-
tection of the public welfare, health, peace and morals of the
people of the said town and all the provisions of this ordinance shall
oe liberally construed for the accomplisluient of this purpose.
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S3CTION 14. This ordinance shall be known and designated and
it shall be sufficient to refer to the sane as the Fairhope
Alcoholic Beverage Control Ordinance of _