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HomeMy WebLinkAbout08-08-1949 Regular MeetingSTATE OF X ABAMA County of Baldwin The Town Council of the Town of Fairhope met in regular session at the Town Hall, Monday .August 8, 1949 with the following members present: Mayor, T.J.Klumpp, City Superintendent C.. B. Niemeyer, Councilmen: M-.0. Berglin, J. T. Bradford, R.H. Brown, E. B. Overton and'Ira Steele. The minutes of the previous regular meeting were read and approved. The monthly bills were read and approved for payment. The Governing body of the Town agreed unanimously to continue the contribution of free Electric -and Water Service to the Schools of Fairhope. Motion by Councilman Berglin seconded by Councilman Overton that the application of BaldtiRrin and Niemeyer for building permit at Section and Belangee Street be allowed. Motion carried. Motion by Councilman Bradford seconded by Councilman Brown that a Policeman be assigned to the Colored Section of Fairhope and his services be paid for at $12.00 per week. Motion carried. Lotion by Councilman Berglin seconded by Councilman Steele that three members of the Fire Department attend the fire school to be held in Tuscaloosa. Motion carried. Motion by Councilman Berglin seconded by Councilman Brown that the renewal df Insurance Policy on the Town Trucks, Automobiles, Road Equipment etc. be handled by Carl Bloxham Agency. Motion carried. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved Mayor Attest Clerk It was duly moved and seconded that the meeting adjourn. Motion carried. Approved Mayor Attest Clerk addition to the tax, a penalty of ten -per cent of the amount" of the tax due, such penalty to be assessed and collected as part of the tax. SECTION 10. PENALTY. Any person violating any of the, provisions of this ordinance shall, upon conviction, be punished within the limits of and as provided by Title 37, Section 586, of the Code of Alabama, 1940, provided, that upon conviction for a first offense there shall be imposed a minimum fine of Ten Dollars ($10.00) and upon conviction for a second or subsequent offense the minimum fine imposed shall be Twenty- five Dollars ($25.00). SECTION 11. EFFECTIVE DATE. This ordinance shall become effective at midnight of August 1, 1949, following its publication in a newspaper published in Fairhope, Alabama. Adopted July 25, 1949. Attest: Clerk Approved T.J.Klumpp, Mayor It was moved by Councilman Brown seconded by Councilman Bradford that all rules and tegulation of the statutes of the Town Council of the Town of Fairhope which might prevent, unless suspended, the immediate consideration and final passage and adoption of said Ordinance.at this meeting. The question being put upon the adoption of said motion and the suspension of the said rules and regulations, the roll was called with the following results: Voting Aye, Mayor T.J.Klumpp, Councilmen M.O.Berglin, R.H. Brown,, J.T.Bradford, E.B.Overton and Ira Steele. Voting Nay, None. The Mayor declared ;-the motion carried. Councilman Berglin therefor moved that the said Ordinance be finally passed and adopted as introduced. Councilman Steele seconded the motion. The question being put upon the final passage and adoption of the said Ordinance the roll was called with the following results: Voting Aye: Mayor T.JKlumpp, Councilmen M.O. Berglin, R.H. Brown, J.T.Bradford, E.B.Overton and Ira Steele. Voting Nay, None. Thereupon the Mayor declared said motion carried and the Ordinance finally passed and adopted and signed said Ordinance in the approval of the -same. Approved Mayor Attest Clerk security shall consist of a bond to be approved by the City Clerk with a surety company doing business in the City, as surety, in an amount of approximately twice the probable amount of such license tax as may be determined by the City Clerk or a cash deposit of a like amount may be made with the City Clerk, SECTION 4. RECORDS. Every person who shall conduct or operate 4 place of amusement within the City or within its police jurisdiction shall keep a record of all admission sold to such place ofamusement, which record shall show full and complete details pertaining to the number of such admissions and the charges made therefor. All such records shall be retained for a period of three years and shall be subject to inspection by the City Clerk or his duly authorized deputy, or other representative, who shall have the power and authority to enter upon the premises of any such person at allzeasonable times for the purpose bf examining such records. SECTION 5. EXEMPTION. This ordinance shall not apply to any place of amusement where the entire net proceeds are devoted exe-lusively to some well recognized religious, charitable or educational organization, and where no person receives any pay or other renumeration for taking part in ' any performance, entertainment, game or other amusement, or as director or manager thereof, or in -getting up or putting on any entertainment or amusement, nor to dances which, -re purely social functions and not for profit to any person, firm or cause and where no person receives any pay or other renumeration nor to admission of children under twelve years of age when the admission charged is ten cents or less. SECTION 6. ILLEGAL ACTS. Among others, the following acts and ommissions shill be unlawful: (a) It shall be unlawful for any person, who is in this ordinance required to keep records, to fail or omit to keep the same in the manner herein provided, or to refuse to permit the City Clerk or -his duly authorized deputy, or other representative to inspect the same at any reasonable hour, or to interfere with or obstruct the City•Clerk or his duly authorized deputy or other representative in the making of any such inspection. (b) It shall be unlawful for an person vto is herein required to file statements with the City Clerk to fail or omit to make or file any statement herein provided within the time herein specified or to make any false statement therein, and such offense shall be a continuing offense against the City and each dhy during which said person shall conduct or operate a place of amusement during such default shall constitute a separate offense. (c) It -shall be unlawful for any person who is required to pay the license tax herein provided for to fail or omit to pay ,the same within the time herel.nq�pecified, and such offense shall be a continuing offense against City and each day during such default shall constitute•a separate offense. SECTION 7. CONSTRUCTION. (a) This ordinance shall not be construed to tax inter- state commerce or any busines of the United States Government or any branch or agency thereof. (b) This ordinance shall not be construed to repeal any of the provisions of any other ordinan ce or of the general license code of the City, but shall be held to be cumulative. SECTION 8. Any person who fails to pay the tax herein levied within the time required by this ordinance shall'pay in