Loading...
HomeMy WebLinkAboutO-643ORDINANCE NO. lv � AN ORDINANCE TO REPEAL ANY EXISTING ORDINANCE IN CONFLICT HEReWITH; AN ORDINANCE TO PROVIDE FOR A LICENSE TAX ON THE SALE OF ALCOHOLIC BEVERAGES (EXCEPT BEER) WITHIN THE CITY LIMITS OF FAIRHOPE, ALABAMA, AND THE POLICE JURISDICTION THEREOF BASED ON THE SALE OF MINIATURES AND HALF PINTS, AND ANY AND ALL OTHER ALCOHOLIC BEVERAGES (EXCEPT BEER) BY THE DRINK FROM LARGER CONTAINERS. WHEREAS, heretofore the City of Fairhope, Alabama, adopted Ordinance No. 179 which provided for a license on each miniature sold and a license on each half pint of any and all other alcoho- lic beverages, exclusive of malt beverages (Beer) sold in the City of Fairhope, and WHEREAS, the Alcoholic Beverage Control Board of the State of Alabama has now provided that as of 1 July 1979 licensees who are authorized to sell said beverages by pouring from a larger contain- er rather than being restricted to the said miniatures holding approximately one -tenth pint and by the sale of one-half pint containers. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. There is hereby levied a license tax in addition to all other taxes imposed by law or ordinance against any firm, corporation or person other than the Alabama State Alcoholic Con- trol Board who sells alcoholic beverages within the City of Fairhope, (excepting Beer), a license tax to the City of Fairhope in the amount of Fifty Dollars ($50.00) per year, plus Ten Per Cent (10%) of the purchase price paid for all liquor or wine bought by the licensee for use or resale in the licenses business. Purchase price as used in this Ordinance is defined as the gross or total price paid to the Alcoholic Beverage Control Board Wholesale Store or any other source, including any Federal or State taxes paid at the time of purchase, and there shall be no deduction from the gross sale price not specifically provided for in this Ordi- nance. f Section 2. The Tax levied by this Ordinance shall be applied to and be collectable in the police jurisdiction of the City of Fairhope in the same manner as in the corporate limits, except that the amount of tax collectable in the police jurisdiction shall be one-half of the amount of tax levied and prescribed within the corporate limits of the City of Fairhope, Alabama. Section 3. The licensee must keep accurate records of all purchases and furnish to the City Clerk of the City of Fairhope any and all pertinent information as to the amount of purchase, gross amount paid therefor, or as otherwise required from time to time by the City Clerk, and shall pay monthly to the City Clerk of the City of Fairhope prior to the tenth of each month the amount due as hereby fixed and prescribed. Section 4. The licensee, by applying for and accepting a license for the sale of alcoholic beverages within the City of Fairhope or police jurisdiction thereof, specifically agrees that the City of Fairhope, through any one of its authorized agents, servants or employees, may come upon the premises of a licensee and inspect all books and records pertaining to the purchase and/ol sale of alcoholic beverages. All alcoholic beverages purchased in the name of the licensee and/or alcoholic beverages brought to or remaining upon the premises where the business of the licensee is conducted shall be presumed to have been purchased for resale, and therefore, subject to the Ordinance. Section 5. The provisions of this Ordinance shall not apply to the sale of malt beverages, (Beer), the same being covered by other ordinances. Section 6. Nothing herein contained shall be construed to change, alter or in any way affect the necessity to obtain per- mission of the Mayor and Council prior to obtaining a license for the sale of alcoholic beverages. Section 7. It shall be unlawful for any person who is requirec to file statements with the City to fail or to omit to file such statements as herein provided, and it shall also be unlawful to A 0 a make false statements or to fail to pay the amount of tax, and each day after which said statements or payments were due shall be a separate offense and the person violating any of the provisions of this ordinance shall, upon conviction, be fined not less than One Dollar ($1.00) or more than One Hundred Dollars ($100.00) and may be sentenced to hard labor for the City for a period not to exceed six (6) months. The City may also without notice, revoke the license for sale of alcoholic beverages or vinous spirits by the licensee on failure to file said statements and make payments when due. Section 8. All Ordinances in conflict be and the same are hereby repealed. Section 9. If any part or parts of this Ordinance shall be declared unconstitutional by a Court of competent jurisdiction, all of the remaining parts shall be valid. Section 10. This Ordinance shall become effective upon its due adoption and publication as required by law. Attest: DONE this the .3 day of 1979.