HomeMy WebLinkAboutO-1430ORDINANCE NO. 1430
AN ORDINANCE AMENDING ORDINANCE NO. 1414,
AN ORDINANCE TO AMEND CHAPTER 4, ARTICLE II
BEER, SECTIONS 4-27 AND 4-28,
FAIRHOPE CODE OF ORDINANCES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. The Code of Ordinances, City of Fairhope, Alabama, Chapter 4,
Article II, Beer, Sections 4-27 and 4-28, are hereby amended and
adopted so that such section shall read as follows:
AMEND THE FOLLOWING:
Section 4-27. License tax --Within corporate limits; written statements required in
certain instances; disposition of proceeds.
There is hereby levied on every person who shall engage in business as a
wholesaler, distributor or jobber of beer in the corporate limits of the city, a license or
privilege tax to be measured and ascertained as follows: An amount equal to 1.625 cents
($0.01625) cents per four (4) fluid ounces, or fraction thereof, of such beer sold or
distributed, said amount to be due and payable on or before the fifteenth day of the
calendar month next following such sales or distribution, and if paid by said date or
within ten (10) days thereafter there shall be allowed a discount of two and one-half (2
1/2) per cent.
Every such wholesaler, distributor and jobber shall, before engaging in such
business, file with the city license clerk a written statement under oath, containing full
data regarding the business such person intends to carry on, including the location of
such person's business, whether or not such wholesaler, distributor or jobber is a natural
person, a corporation, a partnership or association, and if not a natural person, the
names of their residences, and if a corporation, the officers and persons holding the
capital stock of the corporation, and their residences.
That the Treasurer for the City of Fairhope is hereby instructed and empowered to
receive and deposit all proceeds from the tax levied by this article into the General
Fund.
Sec. 4-28. Same --within police jurisdiction; disposition of proceeds.
There is hereby levied upon every person engaging in business as a wholesaler,
distributor, jobber or retailer of beer without the corporate limits of the city but within
the police jurisdiction thereof, a license or privilege tax in an amount equal to one-half (
1/2) the amount of the license tax levied for engaging in such business within the
corporate limits of the city, namely:.8125 cents ($0.008125) per four (4) fluid ounces
or fraction thereof of such beer, such license to be paid for in the manner and at the time
and place herein specified, for engaging in such business within the corporate limits of
the city, and such persons engaging in such business shall be subject to all of the other
provisions of this article applicable within the corporate limits of the city.
Ordinance No. 1430
Page-2—
That the Treasurer for the City of Fairhope is hereby instructed and empowered to
receive and deposit all proceeds from the tax levied by this article into the General
Fund.
Section 2. The sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared unconstitutional by a court of
competent jurisdiction, then such ruling shall not affect any other
paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section 3. This ordinance shall become effective on and after October 1, 2010, and
shall be published as required by law.
ADOPTED THIS THE 23RD DAY OF AUGUST, 2010
Attest:
s
Lisa A. Hanks, City Clerk