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HomeMy WebLinkAbout01-13-1948 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The Town Council off -the Town of Fairhope met in regular session at the Town Hall Tuesday, January 13, 1948 with the following members present: Mayor, Howard Ruge, Councilmen: J.H. Bennett, C. A. Gaston, H.P. Kamper, W. 0. Keeble and J.O. Stimpson. The minutes of the previous regular meeting were read and approved. The following bills were allowed: Carl L. Bloxham, Ins. Gen. 6.75 Eastern Shore Machine Shop, Gen. 21.50 Riviera Utilities, Gen. 9.65 Ruf$1es, Gen. 10.38 W. S. Darley, Gen. 19.33 Dement Printing Co., Gen. 10.35 Klumpp Motor Co., Gen. .23 Gaston Motor Co., Gen. 28.80 M & S Service Station, Gen. 3.06 Fairhope Hardware and Supply, Gen. 223.42 Ruge, Service Station, Gen. 18.25 Albert Lyons, Gen. 20.95 W. A. Boller, Gen. 39.76 F. S. T. Corporation, Gen. 163.98 DuBrock Laundry, Gen. .75 McKean Paint & Hardware Co., Gen. 1.00 The Texas Co., Gen. 136.78 Fairhope Courier, Gen. 22.75 Hardware Mutual Casualty Co., Gen. 190.60 Ward Service Station, Gen. 1.00 Smith, Dukes & Buckalew, Gen. 245.00 Carl L. Bloxham, Ins. Elec. 20.00 Turner Supply Co., Elec. 79.87 Atlasta Mach. Works, Elec, 13.50 Baldwin Iron and Equipment Co., Elec. 15.00 Riviera Utilities, Elec. 1137.65 Lighting Fixture and Elec. Supply, Elec. 63.85 Ruffles, Elec, 13.51 Fuel Oil Supply, Elec. 415.80 Klumpp Motor Co., Elec. 25.33 Matthews Elec. Supply, Elec. 51.36 J. F. Sadler, Ins. Elec. 116.64 Sangamo Elec. Co., Elec. 137.16; McKean Paint & Hardware, Elec. .13 Riviera Utilities, Elec. 2323.68 Hardware Mutual Casualty, Elec. 79.42 Smith, Dukes & Buckalew, Elec 127.�0 Carl L. Bloxham Ins. W & S 6.75 Ruffles, W & S 12.44 Standard Equipment Co., W & S 135.66 McGowin-Lyons, W & S 144.00 Hairhope Hardware and Supply, W & S 23.88 Ruge Service Station, W & S 1.30 Southern Meter Repair, W & S 16.36 May Supply Co., W & S 7.56 Hardware Mutual Casualty Co., W & S 47.65 Ward Service Station, W & S 1.00 Smith, Dukes and Buckalew, W & S 127.50 Pay Roll for Month of December, 1947: Howard Ruge, Mayor Gen. $100.00 Elec. 165.00 W & S 6o.00 R. C. Yohn, Gen. 207.50 Marie Moore, Gen. 135.00 M. D. Cox, Gen. 190.00 J. N. Pope, Gen. 195.00 Floyd Phillips, Gen. 170.00 J.H. Arnold, Gen. 170.00 W. C. Beebe, Gen. 50.00 R. Stapleton, Elec. 207.50 J. P. Bailey, Elec. 207.50 Marvin Nichols, Elec, 200.00 Earl Howes, Elec. 172.00 H. W. Odom, Elec. 172.00 George Dyson, W & S 207.50 Councilmen: J.H. Bennett 10.00 C. A. Gaston 10.00 H. P. Kamper 10.00 W. 0. Keeble 10.00 J. 0. Stimpson 10.00 Donations: Organic School Elec. 37.36 W & S 7.80 Public School Elec. 49.53 W & S 2.90 Public Library Elec. 7.47 W & S 2.00 Country Club Elec. 1.11 White Way Lights Elec. 50.55 Red Cross Elec. 2.00 Motion by Councilman Stimpson seconded by Councilman Kamper that application of Peoples Ice Company to construct addition on Bancroft St. on lot immediately north of present building be allowed. Motion carried. Motion by Councilman Bennett seconded by Councilman Gaston that it be declared to be the policy of the Council to grant no $Luther applications for privately owned wharves located on public park property and ffhrther, that considera- tion be given to the acquirement by the Town of such wharves as are already built. Motion carried. Motion by Councilman Gaston seconded by Councilmen Bennett that the Mayor be authorized to purchase five thousand lineal feet of six inch diameter Transite water main. Motion carried. A Number of other items were discussed but no action was taken. It was duly moved and seconded that the meeting adjourn. Moticn carried. Approved Z40f` Mayor At Clerk / It was duly moved and seconded that the meeting adjourn. Approved Mayor A Clerk lie ORDINANCE M. ,S 0 �N ORDINARCE TO AMEND SECTI"Ns 3 4 and 10 of MINANCE 141, AN ORDINANCE V) R11.16ULATE THE SALE DISTRIBUTIJ-H 4ND CCN-:UVPTICN OF MALT AND ffiLWhI BEV&AGES9 AS DEFINEL IN TEE ALABAVIA BEVERAGE MXTROL ACT IN THE M.N OF ii1PJ10PE AND L-M 61TPIN M..' POLKI JU'4t:J)1CT1rN THEESOF TO REQUIRE'A PEMIT W'Ohr',' AGING "N BUSINLAS AS A WHOLES LEE'', DISTRIEUTCH AM/Oft JOBBER "R RETAILLIP OF SUCH MALT OR BIZNED BEMAGESiTib PROVILU A LICENSE TAX THE-i­E014 AND TO ENFORCE THE, Pj1CV1S1(MS TRIS C1.5DI&A.NCE ANX. TO P!7OVILE F01i A PENALTY FOR ITS VIOU'L.1,",N. BE IT OhDAIV!,D BY TH1, TO';vN CCUNCIL U TCAN OF FAIRROPE9 ALABAIMA: SECTIGN 1. Sections 3, 41 5 and 10 of Ordin-nee 141, un ordi- nance to regulate the 9:1es distributicn and consumption of malt and brewed beverages, as defined In the AlabAr,.­ Beverage Control Actq In the Town of Fa1rhove and within the police jurisdictiun thereof; to require a permtt before engaging in business as a wholes.,,Ier, distributor and/or jobber or retailtr of such malt or brewed beverages;to provide a license tax there- on and to enforce the provisions of this ordinance and to pro. Ide for a penalty for its violationt be and the same are hereby amended to read as follows: SECTI C`J 3. �,i' Li 0'3ALR1­,.9 DISTRIBUT01, ANL/01' JOBBE1. (a) There is hereby levied on ev.:,pry persong firm, corporat'on or association who shall engl-ge in business as a wholesaler, distributor and/(-,r jobber of malt or bre-ed beverages of an,alcoholle conteUt not In excess of 4% by weight and 15% by volume, in the corporate limits of the Town of r-1rhope, ?,la- b,,.,ma$ a license or privilege tax to be re,sured -;n-, ascertained as follor's: An amo7jnt equnl to one and one-half ceritq on each twelve Elul ounces or fractil-M thereof of such malt or brei4ed beverages sold or distributed, aai( mount to be due nc, payable on or bef,-,,re the 15th dpy ofth calendar month next folloving such s%les or 6,.'I.stributionj am if not paid by sai(d-.e,there shall be added to said amount a penalty ofl5- tt-,t,-,reof. (b) Every such wholesaler, distributor ancjor jobber sh;%ll before englr:glng In such business file wit),, the Town Clerk of the Tc,,wn ofi�'al rhope ti writter. statement under oath contain- Ing full dta regarding the business he into,.,nds to carry cnp In- clud1ng th6 locatien of his business, whether or not such ,,hole- s-Iler, distributor sn(/or Jobber is a natural pi.- 5-n., a corporn- tiong a partnerst.ip or association and If not & natu-1 perFon, the name of the persons composing the partnership c,r association, and their residences and If a -o��porat on,, the cffficers and per- sons hc.-lding the cap1tal stcck an(" their resicences, ShCT": N 4* REM L_,l S. (a) Ther Is hereby levied upon all pe.-sonstfirms, corporatrons or asscci t-*'-.-ns who sha.11 eng,­,ge In the busEness, of selling, Sri thin the corpo,­,,.e lirtts of the Town of Fa1rhopet Alabamr,9 as a retailerl malt or brewed bevee-ages �1 an alcoholic ccntent not In excesF of 4--.: by weight and r_1% by volume, to be consumed on the promises, or to be carried or telivered to the at(!,,ress of the purchaser, a privilege or license tax to be measured or ascertained as followss An amount enunl to one and one-half cenll.-s on each twelve fluid ounces or fractional _-,nnrt thereof of such malt or brewed beverages sold or distr4 ' buied, to be consumed on the pre&es or to be carried or delivered to the address of the purchAser, said azo,.,nt to be due and jj,7.ynble on or before the 15th day of the calendar month next follow-_ng such sales, and if not paid by s:r3.d date, there shall be added to said amount a penalty of 15% of such amount. Said tax shall be paid to the Tot:n Cle k and a receipt issued therefor to the payer of such tax. (b) Any pe:-son, firm, corporation or association engaged as a retailer of such m+it or brewed beverages pur- chased in tiehcle from a rih les->le:', d,. stributor and/or jobber on which the tax her -in levied has been paid, shall not be re- gdrred to pay the additional amo:-nt of one and one-half cents on each twelve fluid ounces c>r fractional part thereof: pro- v ded, however, that in order to obtain this exemption such retailer must, on or before the 15th cloy ofeac month, f le with the Torn Cle k of the Toi.n of F-,irhope, Alabam , a sworn written statemen-- sho7in� every purchase by such retailer during the preceding calendar month, r nc as well the nacre of the whole- saler, distributor and/or jobber from whom the same was pur- chased, the amount of each pul,chase and the d to of each pur- chase. SECTI N 5. POLICE JU DICTION. There is hereby levied upon every pe-x --on, firm, corporati c n or associati cn engaging in business as a Wholesale , distributor and/or jobber or re- tailer of malt beverages cif an alcoholic ccnten' not in excess of 4% by reight and by volume, without the eorpor�)te limits of the Tokn of Feir ope but within the police jurisdict:.on thereof, a license or pri.vilegc tax in an amn;_int equal to the one-haalf the amo nt of the license tax levied for engaging; in such business within the corpo ate limits of the Town of Fairhope, namely, three -fourths of one cent on each twelve fluid ounces or fractions thereof of such malt or brewed beverages, such license to be paid for in the mann:=r and at the time .and the place h -ein specified for engaging in such business within the corporate limits of the Torn of Fairhope, and such persons; firms, corporations or associations engaging in such business shall be subject to all of the other provisions of the ordinance a_ L;licable within the corporrte limits of the TotT of Fairhope. The tax levied in this sect ,,n sha 1 be paid to the Tovrn Cle­k and receipt therefor issued by s^id Clark. Provided, a retailer purchasing in whole from a wholesaler, distr' butor and/or jobber malt or brewer: beverages on which the tax has been paid, SK'all not be required to pay the tex levied in th s sects r--n. SECTICN 10. If any pe:won, firm, corpor ticn or associa- tion required to pay a license or privilege tax hereunder shall fail c- refuse to Make report thereof, the Tovm Council may cause to be made an assessment of the tax oi,ing by such person, firm eorporatson or association from such evidence *s it can obta.ln, and when �;uch assessment is =.:de, it shall give notice to 'he person owing such tax of the :mount of such asses -meat, and such person may contest the s,me wi hin five days, such contest to be before the To-,:n Council of the Torre of hair}, pe, at which saki contest the tax payer may adduce such evidence before the Town uo,�ncil as he sh-.il see fit to shov- the amount of tax owing by him or that ncne is owing, and the Town Council may likewise adduce or cause to be adduced before it evidence to sustain the asses went of su ~h tax or to prove .he amc nt owing by such tax payer; and on suer,, hearing the s- id Council shall hear all the evidence and st- 11 crake a final assessment of such. tax. The tax aye may nppeal to the Circuit Colart from any assessment wade against him, the same to be taken in the manner provided for appeals from the Recorder's Court, such appeal to be taken within the time provided for and.,e is frnm The Recorder's court. If no a eal is t=>ken with-:n such time, the tax sh�411> be due on demand. Provided that before taking an appeal under V is section, the tax payer must pay the amount of tax ascertained and assessed by the Town Council or give bond double the amount as ascertained and assessed, with surety approved by the Clerk of (he Circuit Court, such band payable to the To,nn of Frirhope, and conditioned that if he shall not perfect such appeal, he shall pay the amo nt ofth- `ax assessed by the said Torn Col)ncil, or if he shall prosecute said appeal and sh!)11 fail therein, he shall pay su .h tax as shall be fount, due .nd a��sessed by the Circuit Court ofB=l, win County, Alabama; and in adcitif-;n thereto such tax payer, on taking such ap,1ea', shall also give security for costs in such amount and with such sureties as shall be apt roved by the Cl rk of the Circuit Court of aldwin Co�nty, Ala- b!;ms. If the Tov.m Co ncil sh 11 not be satisfie( with the return made by any person, firm, corporation or association of such p,?r.t -f the license tax, the Town Council may proceed to investigate the same and m,:ke such assessment as it shall deem proper, and such tax payer shall have the ri7-h to contest =Ind ap,�eal from the assessment in the manner hereinabove provided for there no return is made. If no ap-,eal is taken, the tax sha:?1 be due on demanc. If any person firm, corpor-•ticn or :ssociaticn shall fail or refuse to pay the tax upon any return mace by hir, or upon,any assessment made by thr Tov.m Council upon dem nd, col- lecti n thereof shall be enforced by attac3-iment. The provisions of this ordinance for he assessment acid collection of a license tax levied hereunder- are cumul f've and shall not be construed to repeal any ordinance he etofore passed, or to be in conflict with any ordinance hereafter passed by the 'Pown Council, relative to the assessment and col.lecti.-n of license taxes, nor prevent the Town from proceeding under any statute of the Suite of Alab, m:r, heretofore or hereafter adopted regulating and provided for '.he assessment. and col -lest= , n of license taxes to municipal corpo -)tions. SECTION 2. This ordirianee sh-11 go into effect January 1, 1948. SECT ON 3. That all ordinances and parts of ordinances in con- flict herewith be and the same are hereby repealed. Adopted December 23, 1947. Aproved: -- Mayor. Att • ORDINANCE NO. ` 17 7 TO AMEND SECTIr;N 3 OF ORDINANCE NO. 1695 AN ORDINANCE TO REGUL i TE THE REz AI L S LE AND CONSUMPTION CF LIQUORS, AS D !, 'INED IN TITLE 29, CHAPT& 1 OF THE 1940 CODE OF ALABAMA, WITHIN THE CORPOR,iTE LIMITS OF THE TOTvN CF FAIRHOPE, ALABAMA, AND WITHIN TIDE POLICE JURISDICTION THE:hEOF; AND TO REQUIRE A PERMIT FROM THE T; 'fN OF FAI HOPE BEFORE ENGAGING IN THE BUSINESS AS hETAILER OF LIQUOhS WIt'HIN HE COEPOD.A`iE LIMITS OF THE TOWN AND i ITHIN 1 HE POLICE JUhISDICTION THEREOF; AND TO PROVIDE A LICENSE TAX THE?E- ON AND TO ENFORCE _HE PROVISION OF THIS OR- DINANCE AND TO PROVIDE FOR A PENALTY FOR ITS VIOLATION. BE IT ORDAINED BY THE TObF COUNCIL OF THE 2)WN OF FAIR - Ho P E, ALABAMA: SECTION 1. That Section 3 of Ordinance 169, an ordinance to regul<te the retail sale and consumption of liquors, as defined in Title 29, Chapter 1 of the 1940 Code of Alab-�ma, within the corpor- to limits of the Tovn of Fairhope, Alab�jma, and within the police jurisdiction thereof; and to require a permit from the Town of Fairhope before engaging in he business as retailer of liquors rith1n the corporate limits of the town and within the police jurisdiction thereof; and to provide a license tax ther on and to enforce the provision of t!" s ordinance and to provide for a penalty for its violation, be and the same is hereby amended to read as follows: Section 3. License Tax. (a) There is her,%by levied on all persons engaged in the business of selling liquors at retail within the corporate limits of the Town of Fairhope, Alatema, a license tax equal in amount to five per cent of the purchase price paid by such retailer for such liQuers each calendar month, such amount to be paid on or before the 15th day -.f each month next follow- ing the last d y cf each month in wh-*ch such person shall engage In suelh business; and if not paid on or before such date, there shall be ac,ded thereto a penalty of 15% of the amount ofthe tax due. Srid tax sh?ll he p4i.d to the Tov�n Clerk aF d a -.­ecei.pt issued therefor. (b) There is hereby levied on all persons engaged in the business of selling liquors at retail beyond the corporate limits of ,he Town of Fairhope but within the police jurisdic- tion thereof a license tax equal in amount to two and one-half per cent of the purchase price paid by such retailel for such. liquors each calendat month, such amount to be paid on or be- fore the 15th day of each mc;nth 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 amo7int of tax due. Said tax shall be paid to the Town C141rk and a receipt issued therefor. SECTION 2. This ordinance shall go into effect January 1,1948. Adopted December 23, 1947. Clerk. Approi, ed---V=== Mayor