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HomeMy WebLinkAboutO-558ORDINANCE NO. 558 AN ORDINANCE TO AMEND SECTION 3-17 OF THE CODE OF ORDINANCES OF THE CITY OF FAIRHOPE, ALABAMA TO RAISE THE TAX THEREIN FROM TWO AND ONE/HALF CENTS (22cents) TO FOUR CENTS ($0.04) TO READ AS FOLLOWS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA THAT SECITON 3-17 BE AMENDED TO READ AS FOLLOWS: That Section 3-17 License tax - Within corporate limits; written statements required in certain instances; disposition of proceeds. (a) WHOLESALERS, DISTRIBUTORS OR JOBBERS. There is hereby levied on every person who shall engage in business as a whole- saler, distributor or jobber of malt or brewed beverages of an alcoholic content not in excess of 4% by weight and 5% by volume in the corporate limits of the City, a license or privilege tax to be measured and ascertained as follows: An amount equal to four cents on each twelve fluid ounces or fraction thereof of such malt or brewed beverages sold or distributed, said amount to be due and payable on or before the 15th day of the calendar month next following such sales or distribution, and if not paid by said date, there shall be added to each said amount a penalty of 15% thereof. Every such wholesale, distributor and jobber shall, before engaging in such business, file with the City Clerk a written statement under oath containing full data regarding the business he intends to carry on, including the location of his business, whether or not such wholesale, distributor or jobber is a natural person, a corporation, a partnership or association, and if not a natural person, the names of the persons composing the partnership or association, and their residences, and if a corp- oration, the officers and persons holding the capital stock of the corporation and their residences. Three -eights of the proceeds of the tax levied hereunder shall be covered into the City Treasury and may be used for any municipal purpose. Five -eights of the proceeds of such tax shall be covered into a fund designated as "Fairhope Recreational Fund" and shall be used for the acquisition of lands, buildings and equipment and facilities for recreational and park purposes and for maintenance, development and operation of recreational facilities and public parks, for the City and its people. (b) RETAILERS. There is hereby levied upon all persons who shall engage in the business of selling, within the cor- porate limits of the City, as a retailer, malt or brewed vev- erages of an alcoholic content not in excess of 4% by weight and 5% by volume, to be consumed on the premises, or to be carried. or delivered to the address of the purchaser, a privilege or license tax to be measured or ascertained as follows: An amount equal to Four Cents on each twelve fluid ounces or franctional part thereof of such malt or brewed beverages sold or distributed, to be consumed on the premises or to be carried or delivered to the address of the purchaser; said amount to be due and payable on or before the 15th day of the calendar month next following such sales, and if not paid by said date, there shall be added to said amount a penalty of 15% of such amount. Any person engaged as a retailer of such malt or brewed beverages purchased in the whole from a wholesaler, distributor or jobber on which the tax herein levied has been paid, shall not be required to pay the additional amount of Four Cents on each twelve fluid ounces or fractional part thereof; provided however, that in order to obtain this exemption, such retailer must, on or before the 15th day of each month, file with the City Clerk a sworn written statement showing every purchase by such retailer during the preceding calendar month, as well as the name of the sholesaler, distributor or jobber from whom the same was purchased, the amount of each purchase and the date of each purchase. Three -eights of the proceeds of the tax levied hereunder shall be covered into the City Treasury and may be used for an municipal purpose. Five -eights of the proceeds of such tax shall be covered into a fund designated as the "Fairhope Recreational Fund" and shall be used for the acquisition of lands, building and equipment and facilities for recreational and park purposes and for maintenance, development and opera- tion of recreational facilities and public parks for the City and its people. All other Ordinances in conflict herewith are hereby repealed. This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE loth DAY OF NOBEMBER, 1975. s �S F /1 Mayor r Attest : S Moo re -- City Clerk