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HomeMy WebLinkAbout04-12-1937 Regular MeetingSTATE OF ALABAMA BALDWIN COUNTY The Council of the TOWN OF FAIRHOPE met in regular session Monday April 12, 1937. The following members were present, Howard Ruge, Mayor, II. 0. Bergiln, C. A. Gaston, Sam Dyson, H. P. Kamper and J. 0. Stimpson: the same constituting the full membership of the Town Council. The minutes of the previous meeting were approved as read. The following Ordinance No. 141 and entitled AN ORDINANCE TO REGULATE THE SALE , DIS - !` T'RIBUTION AND CONSU' PTIDN OF MALT AND BREWEED BEVERAGES, AS D-MFINED IN THE ALABAMA. BEVERAGE CONTROL ACT, IN THE TOWN - OF FAIRHOPE AND WITHIN THE' POLICE JURISDICT- ION THRREOF; TO REQUIRE A PERMIT BEFORE EN- GAGING IN BUSINESS AS A WHOLESALER'; DISTRIB- UTOR AND/ORJOBBER OR RETAILER OF SUCH MALT OR BRET D BEVERAGES; TO PROVIDE A LICENSE TAX THEREON AND TO HNFORCE THE PROVISIONS OF - THIS ORDINANCE AND TO PROVIDE FOR A PENALTY FOR ITS VIOLATION. was introd�_iced by 111. 0. Bergiin, read in full by the Clerk and considered by the Council, said ordinance being as follows: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FAIRHOPE, ALABAMA: Sr,CTION 1. DEFINATIONS. Words and phrases used in t this ordinance and not herein-*spi�brf oally(ldefined, 4 and which are specifically defined in the Alabama Beverage Control Act passed February 2, 1937, shall, unless the context plainly shows a different -meaning, ti be given the meaning ascribed to theM in the said Alabama Beverage Control Act. The term " Malt or breived -beverages " as used in this ordinance shall be interperted to mean and include malt and brewed beverages of an alcoholic content not in excess of 4% by weight and 0% by volume. The term " Distributor" as used in this ordinance shall include such meaning.as is given to it in the Alabama Beverage Control Act, and in addition thereto, wheather or not such meaning appears in the Alabama Beverage Control Act, such term " distributor" shall also mean and include and be construed to cover any person, firm, corporation or association transporting alcoholic beverages as defined in this ordinance into the Town of Fairhope, or within the police jurisdiction thereof, for his own retail use or for delivery to a retailer, wheather or not the same be owned by him. SECTION 2. No. person, firm corporation or association shall engage in business as a wholesale distributor and/or jobber or retailer of malt or brewed beverages of an alcoholic cont6h;t: not in excess of 4% by weight and 5% by volume in the corporate limits of the Town of Fairhope or within the police jurisdiction thereof,without first having obtained from the Town of Fairhope a permit to do such business. Such permit shall be issued by the Town Clerk and must be approved by the Mayor before the same shall be valid. The Town Council of the Town :6* Fairhope shall perscribe the form of application for such permit and shall perscribe the form for such permit. Every person applying for a permit to engage in either of such businesses shall pay to the Town Clerk for the benefit of the Town the sum of $ 10.00 for a permit to engage in either of such businesses within the corporate limits of the Town of Fairhope and 1$ 5.00 to engage in either of such businesses without the corporate limits but within t the police jurisdiction thereof. The fee fole such permit shall accompany the application for the issuance of such permit. The permit shall be renewed on the first day of January of each year. No. reduction or proration of the fee for the permit shall be allowed on account of not commencing business on the first day of January, nor shall any rebate be allowed upon revocation, suspension, or surrender of such permit before the expiration thereof. SECTION 3. WHOLESALFRJ DISTRIBUTOR AND/OR JOBBER. (a) Thereiis'hereby levied on every person, firm, cor - poration or association who shall engage in business as a wholesaler, distributor and/or jobber of malt or brewed beverages of an alcoholic content not in excess of 40 by weight and 5% by volume, in the corporate limits of the Town of Fairhope, Alabama., a license or privelege tax to be measured and ascertained as follows: An amount equal: to one-half cent on each twelve fluid ounces or frac - tion 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 calender month next following such sales or distribution, and if not paid by said, cam' -'a - there shall be added to sadd amount a penalty of 15% thereof. (b) Every such wholesaler, distributbr and/or jobber shall before ebgaging in such business file with the Town Clerk of the Town of Fairhope a written statement under oath containing full data regarding the business he intends to carry on, including the location of his business, wheather or not such wholesaler, distributor cad/or jobber is a natural person, a corporation, a partnership or association, and their residences, and if a corporation, the officer and persons holding the capital stock of the corporation and their residences. SECTION 4. RETAILITRS. (a) There is hereby levied upon all persons, firms, cor- porations or associations who shall engage in the business of selling, within the corporate limits of the Town of Fairhope, Alabama, as a retailer, malt or brewed beverages 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 one-half cent on each twelve fluid ounces or fractional 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 adress o of the purchaser, said amount to be due and payable on or before the 15th day of the calender month next following such sales, and if not paid by Wd dote, there shall be added to said amount a penalty of 15% of such amount. Said tax shall be paid ,to the Town Clerk and a receipt issued therefor to the payer of such tax. V-0 (b) Any person, firm, corporation or association engaged as a retailer of such malt or '-)rewed beverages purchased in whole from -.)a wholesaler,odistributbr and/or..jobber-.on­,o which the tax,hetein levied has been paid, shall not be required to pay the additional amount of one-half cent on each twelve fluid ounces or fractional part thereof; provided, however, that on order to obtain this exempt - ion such retailer must, on or before the 15th day of each month file with the Town Clerk, of the Town of Fairhope, Alabama, a sworn written statement showing every purchase by such retailer durning the preceding calender month, and as well name the wholesaler, -distributor and/or jobber from whom the same was purchased, the amount of each purchase and the date of each purchase. SECTION 5. POLICE JURISDICTION. There is hereby levied upon every person firm, corporation or association engaging in business as a wholesaler, distributor and/or jobber or retailer of malt beverages of an alcoholic contaet not in excess of 4% by weight and 5 by volume, without the corporate limits Bf the Town of Fairhope but within the police jurisdiction thereof, a license or privilege tax in an amounttequal to one half the amount of the license tax levied for engaging in such business within the corporate limits of the Town of Fairhope, namely, one- fourth of one cent on each twelve fluid ounces or fraction thereof of such lMalt or brewed beverages, 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 Town -of Fairhope, and suchtp persons, firms, corporations or assiciations engaging in such businessishall be subject to all the other provisions of this ordinance applicable within the corporate limits of the Town of Fa.irhone. The tax levied in this section shall be paid to the Town Clerk and receipt therefor issued by said Clerk. Provided, a retailer purshasiAg in whole from a wholesaler, distributor, and/or jobber malt or brewed beverages on which the tax has been paid shall not be required to pay the tax levied in this section. SECTION 6. RECORDS. It shall be the duty of every person, firm, corporation or association engaging in the Town o f Fairhope, or within the police jurisdiction thereof, in business as wholesaler distributor and/or jobber or retailer of malt or brewed beverages of an alcoholic content not in excess of 4% by weight and 5% by volume , to keep correct and in(telligible records of all business transacted by him,%7" or ta them, and t*ender to the Town Clerk of the Town of Fairhope, on or before the date the license taxes become dte, a sworn statement showing the amount of business done, and if a wholesaler, distributorand/or jobber, all sales made within the corporate limits and within the rolice jurisdiction to whom and when made, the amount of sales by volume and value, and if a retailer, the amount of purchases made, the merchr-indise purchased, from whom purchased, the amount of sale, and the amount of stock carried, the amount of capital invested, and other factq as may be required for the ascertainment of the classification of such business and the correct amount of license to which such person, firm, corporation or association is subject. All records of such persons, firm, corporation or association shall be kept- f-Or a'per od-nf,,at.'leas't two,- years, and all records shall be kept in the Town of Fairhope or produced in the Town of Fairhope upon written demand by the Town Clerk, the Town Marshall or the Mayor, or any memEbar of the Town Council, and shall be opennto inspection by them, or ei the#of them, and such persons as they may deputize for such purpose. M `' 'C"ION 7. S EP-,- -1S n', T�",S. it shall e u:�l _ t?1 or any 1� a7,` r rson, firm, corporation or association to enr-��•e in ',usiness as a 1-h.olesaler, i stributor � nVo-^ jobber or retailer - ithin 'he ^or- orate ,_units of the Toun of Fairhope, or rithin the - blice j,?rir''ict`on thereof, - it1lout first '._^vi.nF r,rocured n -,er-nit therefor from the T01-7n of F-irho-ce, nd it s'1all be lso unlawful for �,ny nerson, firm, nor,oration or association, subject to any of the provisions of this ordinance, for comet?nc.nF� usiness -�aithout a. rermit from the Toy7n of Fnirhore to continue in such business after defr).ult in the -Payment - : -iny License '-ue .-nder this ordinance, or -�ftar r=vocation o' +he permit issued here - ?.finder: and each day (Iurni.n• -hi ch such business is so enr-amed in a -'ter '_efnaa-lt in the payment of ?ny 17it', out suc`^ -hermit, or license :due he,. -,-under I er =under, or after the r- -voc-, ti on of such rermit, �71-:�7,11 constitute -, seperate offense. f-TION- S. PL.l-C7 0_' `1,USI77:SS. ',very ?)erson, -'i rm, co_ -,,oration o,­ associa inn subject to any -ar.ovisinn o:" 'his ordinance shall lesi rna.te the-1_-ce .r t --hich such business is to --)e carried on and the permit issued shill desif-n^te such -place and such permit shall authorize the carryinE,- on of such ',usiness only ct such -Place, -For each -place ^ t v?hich such )usiness is c�._.�ried on a seper^ to rermit shy l 1 be re-luired. The permit issued her?un:?er shn.11 at ?11 times be -osted in a consnicuou .,lace at or in the glace for -hick the same is issued. "!_'CTION 9 � _VOG `TIOhr 0 P-:t--,ITS. Any permit issued under this npdinace sh 11 be subject to revocation by the Town Council of tbb. To-<-n of i`+airhope for violation '-)y the -��:-;roon y_olainF, such of any provision of this or-? nance or of any other ordi—nce of the To--n of F-.irhone relating to the ',usiness covered 'hy the rermit issued 1^ereunder: and shall b so be subject to revocation.`' -)y the 'form Council of the Torn of F--irhope if the person l oldin such ermit a?nd�r color of such-;ermit violates or rids or abets in violating or k_novrinr,2.y nerr^its or. su =e_ s to oe violated any pen-1 ordinance of the law of the Tovin of Fp irhope or of the St, -,to of Al­b�ma. Such -Permit shall also be-uoject to revoc-.tion if the personholding such ne_rmit under cnlor of such permit violates or ^ i s or _bets in i ol-, tin.- or 1rno-,- i n - 1z.- nermi is or �u ,f e rs l o be violated n coz ision of the Al ibama Bev-r• f e Control Act nassed February 2, 1.037, or any a.mendr_nent thereto her,�inafter adopted or any law ��ereafter or heretofore passed b;r th e Sta.te of l.ebpma regulating the manufacture, sale or consumption of t alcol,nlic beber-.-es. Igo reftnd of ?n,:T a.prt of the fee -na,id for such permit sha11 'De made upon revoc.^ Lion of the nermi t. The ER77-or of the Torts may suspend any hermit issued and er this ordiYl- ^nce r-hen, in his o-oini on, cn-use exists fo the revocl- tion of said rermit b;- the To?an Council, and u-n,on such .F7uspension he shall 'ive notice to the person holain7 such permit to ap_,�ear before the Toi,,n Council n t such time as he shall desi� •nate, not later than the next reguler - eetinM of such Tovm Council, ^nd then and there shove cause ?--hy the Toi°rn Council sh.w?ld not revoi.e "ucil hermit. o person, firm, co!,.-- or, t.'_On 0�- ' ssociation ''hose nermit has been suspended ')y the 7.,Tayor shall engage in the busing ss for v;hich such permit i^rags issued, unless ^-nd untill the Town Col_�.ncil srir,11 pass uron such suspension ,nag determine that his permit -ur•ht not to be revoked. And any neroon, firm, co -^-)oration or association ?-,ho shall continue in business after she suspension of the permit by the I`-ayor, .-s -,-ovid_ed herein, --h,�'1 be ,-.0 lty of ^--lisdemeanor and shall be punished as provided in Section lz' 1'e­eof. Any •rerson firm,cor-ora.tion or .soci^tion ,,,hose nerT,!it has been sus1)ended b�, the Tov.,n Colancil as rrovided in this or`nNnce, may nag}-,eal from such sus-nension to +he Circuit Court of Ba-ldvrin County, Alabama, in 'he m-?.nner provided for a,,r,eals from the Recorders Court, Unon =such appoai any rerson, firm, corporation or a.ssocaition ta.kiw_- n•appeal under this section, shall puive security for costs in such amount as shall be fi-:ed by the Clerk of the Circuit Court; z�S E provided, however, that if the suspension of the permit is be - cause of the failure to pay the tax herein levied, before taking such appeal the person, firm, corporation or association appealing must also pay the amount of the tax owing or ascertained by the Town Council, or give bond as security therefor in double the amount of the tax, such bond to be approved by the Clerk of the Circuit Court as to amount and sufficiency of sureties and con - itioned as bonds for appeal from the assessment of the tax. Upon the suspension or revocation of a permit issued under this ordinance. the I,iayor shall cause a plac,rd to be posted at or within the place of 7,usiness of such license 'bearing the following words and phrases: to WARNING The permit issued to Under which malt or bret7red beverages have been sold from these premises has been revoked ( or suspended as the case may be.) This the day of _ i, 19 Signed; I„'Iayor of the Town of _`�a.irho_ e." S"fCTION 10. If any person, firm, corporation or association required to pay a license hereunder of one-half cent per twelve fluid ounces of malt or brewed beverages shall fail or refuse to :Hake report thereof, the Town Council ma.y make or cause to be made an assessment of the tax owing by such person, .firm, corporatim or association from such evidences as it can obtain, when such assessment is made, it shall give notice to the person owing such tax of the am- nt of such assessment, and such person may contest the same —ithin five days, such contest to be before the Town Council of the Town of ''airhone, at which said contest the tax payer may adduce such evidence before the Town Council as he shall see fit to show the amont of the tax owing by him or that none is m-ing, and the Town Council may likewise adduce or cause to be adduced before it evidence to sustain the assessment of such tax or to provethe amount owing by such tqx payer; and on such hearing the saidCounuil shall hear all the evidence and shall make final assessmentof sucl: tax. The tax payer may appeal to the Circuit Court {'ron ,.ny assess ent made against him, the same to 'be taken in the manne+rovided for such appeals from the Recorder's Court, such appeal to be tkken within the time provided for appeals b from the Recorder's Court. If no appeal is taken within such time , the tax shall be due on demand, Provided that before taring an appeal under this sec tion, the ta.V payer must pay the amount of the tax ascertained the Town Council or give bond in double the amount so ascertained and assessed, viith sueety approved by the Clerk of the Circuit Court, such bond payable to the Town of Fairhope, and conditioned that if he shall not perfect such appeal, he shall pay the amount of " the tax assessed by the s.d Town Coungi�l, or if shall prosecute said appeal and shall f it therein, heS ay such tax as be found due and assessed ',y the said Cl.rcuit Court oR Baldwin County, Alaba.ma;and in addition thereof such tax payer, on taking such anneal, shall also give 8@00ity forcosts in such amo unt and with such Sureties as shall be approved by the Clerk of the Circuit Court of Baldwin County, Alabama.. If the Town Council shall not be satisfied v<ith the return made by any person, firm, cor-oration or association of such part of. the license tax, the Town Council may proceed to investigate the same and make such assessment as it shall deem proper, and such tax payer shall have the right to contest and anneal from the assessment in the manner hereinabove -provided for where no return is made. If no appeal is taken, the tax shall be due on demand. 2�`� p- n. If any person farm, corproation or association shall" fail or refuse to pay the tax upon anj, -turn made by him, or upon any assessment made by the Town Council upon demand, coil - ection thereof shall. be enforced by n tta.chment, The nr.ovisions of this ordinance for the assessment and collection of a license tax levied hereunder are cumulative and shell not ')e construed -to repeal any ordinance heretofore passed, or to be in conflict ith any ordinance hereafter passed by the Town Council, relative to the assessment and collection of license taxes, nor to prevent the town from r)roceedint� under statute of the State of Alabama heretofore or hereafter a.topted regulating and provided for the assessment and collection of license taxes to munci-Pal corpora ti _-ins. S CTIOT 11. T ? r? r.I, RT+'GULATIn?'TS. 7^Ti'r% ATIiS. The word -- licensee" " licensees" as used in this section or elsewhere i_n this ordinance, mnless it shall otherwise appear from the test, shall be construed to mean -n;d include any person, firm, c-r-oration, or assocaition holding a permit issued hereunder. (a) It shall be unlawful for any licensee to Fell; furnish or Five away malt or brewed leverages to any person vi sibly intoxicat- ed, or to any insane person, or to any minor, or to habitual drunkards or persons of known intern-Qerate habits. (b) It shall be unlawful for any licensee to fail to keep for a. period of at least two Nears complete and truthful records covering t-is onerAtion under his permit, --nd narticularl ly shourin- the Ante o ' all sales or nur.cheses of malt or hawed beverages, the actual price paid therefor, the name of the vendor and of the vendee, -r to refuse t'­ -luly constituted officer of the Town of Fairhone access thereto, or the opportunity to make conies of the same ,hen request is made dunning business hours. (c) It s h 11 be unlawful for any license hereunder to refuse the duly at. t' ori7ed officer or emnlovee of the or,n of Fa.irhope the right to completely inspect the entire licensed ,remises at any time durninc, which the premises are open `or the transaction of business. (d) It shall be unlawful for. any licensee .ender this ordinance to be iirectly or indirectly employed b,, a.�y other licensee under t7 is ordinance. (e) It shall be unlawful for any licensee under this ordinance to sell any malt or brered Bever:ges to any person engaged in the business of illepally sellin liquor, vinous and/or ialt or bre,T:ed beverages. f) It shall be unlaw-"ul for any v.holesaler, distrtor and/or jobber to sell or other-%-1ise distribute oat deliver -!alt or brewed- 'o- ges -'or which a hermit or license is eauired under this ordinance to an individual or � o any person, 7irm corporation or association not holding a n_ermit as a tetailer under this ordinance. (g) It shall be unlawful for malt or ')rl,gyred beverages sold by wholes-ler, .istr. ibutor ^.nd/o.r j obl)er to '^e consumed on the premises of sl.ch holesaler, distri''-utor and/or , oboer. (i) It shall be inlawful for any wholesaler, distributors c.nd/or Jobbers or the servants, agents or e>n-oloyees of the same to sell trade or barter malt or ')re-ed '')evera.. es ,,etiT,=een the %lours of 9 o'clock P. on Satur_d •.v ^n�- 9 C ' clock in the _Forenoon of t.__e follo,.-ing ."onday. ( j ) it shall be unla-.�,,ful for n � retailer of malt or ,rewed overages licensed hereunder to -purchase or -receive any ;nalt or .r .wed beverages, excerpt from P. :holesa) er, distributor cznd;'or ily l ? t n p-�rmi t under this ordinance. (9 d :{ (k) It shall be unlawful -for any retailer of -ma.l t or 'brewed beveral=.es licensed under this or,aina.nce to receive malt or brer,red beverages, except in the original containers as prepared for market b.- the manufacturer. After such ­ialt or ')r�-,-ed beverages have been received by the rn<tailer in such original-: ackages, the retailer may thereafter ')reak the bulk ilpon his licensed premises only and sell or disnense the same for Conbumption on or off the premises so licensed. (1) It shall be unlawful to sell malt or brP ed beverarores -,y the retailer, except Jn '�ottles an9_ c^.ns. There shall be no. draught or keg beer or m^lt beverags es ol l or l i enensed 77iithin the. Town of rairho-,e. (m) It shall be un1:-�.wful for -:ny �t :.filer to sell an*ri It or brevied bever.a�-es for comsu_n�-�tion on the licensed nremis-s, except in a .room or rooms or places on the licensed premises at all times accessi'hle to ',-he use and. a ccommo(iP ti - n of the general public, but this shaz 1 not be interp��rted to prohibit a hotel or cttlb licensee from selling malt or --rev:-ed beverages in any room or of any such =;otel or club house •occupied by bona .'ide regi-tered guests or members entitled to purchase the same. (n) It shall be inlawful for any retailer to sell, furnish or give az-.way any l salt or brewed 'leverages on the day of any 'eder-al, State, County or Muncipal election, or on the date of #My primary held for the nomination of any _Yedera.l, State, Jounty or unci-oll of "ices >>ntill after the time filled lav or the closing of_ the polling places. v (o) It shall be unlawful for any retailer of malt or brewed beverages to furnish, give or sell below fair cost any lunch to any consumer, except such articles of food as the Alabama Alcoholic Beverage Control Board may authorize and approve. ' po( ) It shall be unlawful for any wholeeal:er.,' dittributor and r jobber to sell or deliver any malt or brewed beverages as defined in this ordinance to any retailer whose permit has been suspended while such suspension is in force, or to sell or de- liver to any such licensee whose permit has been revoked. (q) It shall be unlzvJful for ny retailer to buy or receive r ny malt or brev7ed beverage as defined in this ordinance from any wholesaler, distributor and/or jobber tahose p _mit has been ^uspended durning the time of such suspension, or from such licensee T,!hose hermit has been revoked. (r) It shall be unlawful for any person, firm, core -)oration or asso- ciation to take down , destroy, mutilate, or conceal the Y,,ording of any placard or other writing posted on the premises under a_ut7 ority of this ordinance. (s) It shall be unlawful for any person, firm. cor-ooration or associr:tion to „,-hom a permit is issued hereunder not to keen such permit at all times displayed in such manner that it can be seen by the public and by persons dealing with the licensee. S'1CTIMIT J .9TRU(,TI0N. 'No provision of this ordinance shall be construed:so as to tax interstate commerce or any business of the United States Government, or any branch thereof. S7CTION 13. STJIVMR433?:LITY. Each and every pro -vision of this ordinance is hereb:T declared to be an in-lei-)endent-rovision and the bolding of any provision thereof to be void or invalid shall not affect the other provisions thereof, and it is hereby declared that the other provisions of this ordinance would have been enacted regardless of any other ��rovision -which might be held invalid. M. SECTION 14. PENA-LTY. ':ny person viola ting any of the -provisions of this ordinance small, uT.�on conviction, be Tined not less thy, n five dollars ( 5.00 ) nor more than one hund-ed dolly rs ( x; 100.00 ), and may Plso be sentQnced to hard labor for not e-rceed'ng ninety days, either one or both. 37 TIOi1 15. I 7T^RPR7T-TI011. This or-'.i.n-nce shall be deemed the e-rercise of the 11jolice loz:er of the Toun of Fairhooe for t''e -rotection of t e public zvlelfare, health, .)ease and morals of the y,eo�ole o-r t_Y�e sa.in, to,7,n a.ncd all the -provisions of t'iis ord - inance shall be liberall;, construed -'o-^ the accom?_;lishment of this pur­)ose. S-'0"'IC11 16. '--iis ordinance shell be knovrn and designated and shall be sufficient to refer to the same as the " '+AIRH^P °aL1CCOLIC I,7117�.:_�GF CO='�l'=tiOL 0R1)I,Tl-NC7,11 of kr)ril 12, 1937 -t t;aas moved by C. A. Gaston a.nd seconded by � . 0. Stimpson that all rules of. the `i'ov,,n. Council of the To7?n of ._�airhope, '1, bama, which r.�tight nrevent, unless suspended, the final nassa,�-e �7,.nd ado -ration of s-lid ordin^.nce a.t this meeting , be and t'�,e same -are hereby suspended for tJae ?our--ose of -;ermitinr the final nassa.(-e and adootion of said or_din,-nce ^t this meeting. The question being u-;on the adoption of s-)id motion and the susrension of such dales, tl�e roll ,,-s c,,-lled ,,,ith "'-le follo,:rirg resi,lts: ^1 'S: Hov.rnrd Rur-e r^Vnr. O. RP.rrrI in_ ca-n I - en-n _ ( _ Caatnn_ P. �aTT0er, J . 0. Stinpson Councilmen, 1dAYS : one l e ayour declgr,,�d said motion c rried and such rules suspended. Councilman 0. Be.rgl in teen !roved t?-.,at sn. id ord inn nce no7T be nla.ced u-aon its "ina.l massage. Councilman J. 0. Stmr_r.Dson seconded the -ioti on. T'�Ie question beinEr nut ,ar)on the - lasing of said ordinance u--)on its "ina.l passggre, the roll vas called with the following results: A'2 S: _orard Huge ,. Tor., i'Ia. 0. Berg?.in, Sam Dyson, i=;. ... Gaston, P. I�-mper nd 0. Stimpson %o lncilmen. done she 1ayor declared t,!e motion carried. Coi_zr_ci.linan P. i amner thereon gloved that the orrl lnence be finally nassed end adopted as introduced as read. Councilman S= 3yson seconded the motion. The question ')einF, Y)ut u ;on the "inal passage and ado-iti.on of s^.id ordinance, the roll wa-s called-7,ith the follow - ing results: ' I Hoi,,ard "'uge "`avor, 0. Berr-lin, Sam _' ' on. 1%. Gaston, H. P. Yampe_r and J. 0. Stimnson Councilmen. 'i' le 'HPyor thereii-on ,d-ecl_-red spid motion carried and the ordinance fin -ally adopted. The I,Zavor thereii-on si;-ned the or? nance in anYprov,?l the eof. " 6r-tin, nce N 1. � .a ins ^. o. 4_ nd entitled A?1 TO PROH I ',IT T=H I_7G OR FL_'�_GRA11T lIS?'L.'I <G OF l�I 'IJO-S, "'I OR ' ? TT D 793,VE_1 AGES I1 PTI31IC PL''CT:S 7 ITH - r=; " Y r� rrn r: V F IN THE CORPOR�'�T j .: -I l .: O� 1h�: 10� rT� OL F"_IRHOPE OR "'ITHIN TH7,j POLIC'C JUIRIS7)ICTIOII Tr R ,OF: TO 77"FI E A PIMLIC PLACE NT) TO PRO�.TID7 =FOR T=-i P71\1�',LTY OT' VIOLATING 1TriI1J # _ O R , I .TANCE . ` was introduced by J. 0. Stimpson, read in full by the C2,er4 and considered by the Council, said ordinance "heing as follows: BE IT ORDAIN7D BY THE TOWN CAUNCIL OF THE TOWN OF FAIRHOPE, ALABAMA , AS FOLLOWS: ST'CTfON 1. It shall be unlawful for any person to drink malt or brewed beverages as defined by the Alabama Beverage Control Act as passed Feb. 2, 19370 or to flagrantly display the same at or in any public place within the corporate limits of the Town of Fairhope:, or within the police jurisdiction thereof, except at or in places for which a permit has been issued by the Town for sale at retail of malt or brewed beverages. ..._. S Q TION 2. It shall be unlawful for any person to drink liquor or wine as defined in the Alabama Beverage Control Act raseed 7eb. 2, 1_977 or to flagrantly display the same at or in any public place within the corporate.limits:.of the Town of Fairhope or within the police jurisdiction thereof. SECTION 3. The words and phrase;" Public Place" or " Public Places" as used in this ordinance shall be constructed to mean and include any chruch, school, library, park, wharf, steeet, alley, sidewalk, dance hall, dance pavillion, and any public place of business open for service of the public or its customers, ,�-nd any public congregation Of pevple. SECTION 4. Any person violating any provision of this ordinance E� shall be guilty of a misdemeanor and shall be fined not more than Y` 100.00 and may also be sentenced to ward la -)or for the Town. of Fa.i-c .ope for not more than ninety da -s. SECTION 5. The several sections and provisions of this ordinance are severable and if any section or provision shall be declared v61d, the sections and provis-ions not so declared, shall be and remain as the law of the Town of Fairhope. It was moved by C. A. Gaston and seconded by J. 0. Stimpson that all rules of the Town Council of the Town of Fairhope, Alabama, which might prevent, unless suspended, the "final passage and adoption of said ordinance at this meeting, be and is hereby suspended for the pur-nose of permitting the final passage and adoption of said ordinance at this meeting. The question being put upon the adoption of said motion and the sus -pension of such rules, the roll was called 1!;ith the following results: AYES: Howard Ruge 'mayor, -. 0. Berglin, Sam D,. son, C. A. Gaston H..P. Kamper and J. 0. Stimpson Councilmen. NAYS: None. The ,'Aayor declared said motion carried and such rules suspended. Councilman M. 0. Berglin then moved that said ordinance be now placed upon its final passage. Councilman J. 0. Stimpson seconded the motion. The question being put upon the placing of said ordinance unon its final passage, the roll was called with the following results: AY^S: Howard. Ruge Mayor, M. 0. Berglin, Siam Dyson, C. A. Gaston K. P. Kamr-r and J. 0. Stimpson Councilman. NAYS: None. The 21ayor declared the motion carried, Councilman H. P. Hamper thereupon moved thRt the ordinance be finally massed and adopted as introduced and read. Council -n S- m -)yson seco---?ed t_be motion. The question being put upoA the finel passage and adoption of said ordinance, the roll was called vrith the followi_--ig results; Ai7S: Howard Ruge :Mayor, - . 0. Ber�71in, Sam Dyson, C. A. Gaston, H. P. Kamer and J. 0. Stimpson Councilmen. NAYS. None. The Mayor thereupon declared said motion and the or,lina,nce finally pass- ed and adopted. The Mayor thereupon signed said ordinance in approval thereof. 8 10 The following Ordinance No. 143 and entitled TO Tf A.k F IT UNLAWFUL FOR UNAUTHOR I7ED COMNIECTIONS TO BF MADE TITH TH7, T''UNCIPAL FLHCTRIC LIGHT AND PO'JFR LINTS, TO ITLA-ER IT UNLA7 UL TO 77 T,4,RTT, FI;:=RIC CURRT,NT AROUITD OR THROUGH 171171M IN SUCH ANT>TFR kS TO CAUSE T.7,TTRS NOT TO RPGISTFR OR f TO INCORRECTLY R7GISTFR TH7, CURR7,NT, TO 'TnKE IT UNf,Ar-77 -'(-)n SON TO DA 1A.GE OR DESTROY T.1TNC I PAL LIGHT AND POWERE QUIP- .., MENT AND MATERIAL, AND TO PROVIDE A PENALTY was introduced by C. A. Gaston, rea:, in full by the Clerk considered by the Council, said ordinance being as follows: BF IT ORDAINED BY THE T077N COUNCIL OF THE TOn.`N OF FAIRHOPE, ALABAMA. s EFCTION 1.. It shall be unlawful for any person to make or cause to be made any connection with or to the 11uncipal electric light and power lines without first obtaining permiss - ion therefor from the TLuncipal authorities, or to make or cause to be made any such connection or reconnection in any manner or means except in full compliance with the muncipal regulations and requirements. SECTION P. It shall be unlawful for -any person whose electric light or power service has been disconnected by the Town for nonpayment of charges thereof or for other cause, to reconnect the same or eause the same to be reconnected without first havJng obtained permission to do so from the proper authorities of the Town. MCTION 3. It shall be unlawful for any person to break any electric light or power meter seal, or to tamper with any such meter or in any-^anner devert the electric current around or through the meter so that the current is not registered or is incorrectly registered by such meter. Sr�CTION 4. Any person found guilty of an-,,, act; declared in this ordinance to be unlawful shall be fined not less than y 1.00 nor more than 100.00 and may also be sentenced to hard labor for the %Iuncipa.lity for not more than 90 days. It was moved by C. A. Gaston and seconded by J. 0. Stimpson that all rules of the Town Council of the Town of Fairhope, which might ?prevent, unless suspended, the final passage and adoption of said ordinance at this meeting, be and the same are hereby suspended for the purpose of permitting the final passage and adoption of said ordinance at this meeting. The question being upon the adoption of said motion and the suspension of such rules, the roll was called with the following results, AYES Howard Ruge JIalror, 31J. 0. Berglin, Sam Dyson, C. A. gaston, H. P. Kemper, and J. 0. Stimpson. NAYS: None The Mayor declared said motion carried and such rules suspended. Councilman MI. 0. Berglin then Moved that '-paid ordinance be now placed upon its final passage. Councilman J. 0. Stimpson seconded the motion, The question being put unon the placing of said ordinance upon its Final pass^ge, the roll was called with the following results. /4 11 AYES: Howard Ruge Mayor, 14. 0. Berglin, Sam .Dyson, C. A. Gaston H. P. Kamper and J. 0. Stimpson Councilmen. NAYS: None. The Mayor declared the motion carried, Councilman H. P. Kamper thereupon moved that the daid ordinance be finally passed and adopted as.introduced and read. Councilman Sam Dyson seconded the motion. The question being put upon the final passage and ado-otion --- - ,of said ordinance, the roll was called with the following results. AYES: Howard Ruge Mayor, M. 0. Berglin, Sam Dyson. C. A. Gaston H. P. Kamper, and J. O..Stimpson, Councilmen. NXYS: None. The Mayor thereupon declared said motion carried and the ordinance finally passed and adopted. The Mayor thereupon signed said ordinance in approtal thereof. It was moved by C. A. Gaston and seconded by H. P. Kamper that the Mayor and Chairman of the 7-harf Committe be authorized to proceed with arrangements to complete the V"dharf on the best possible terms at theitidisct6tion. Motion carried. It was moved by C. A. Gaston and•seconded,by:J._O. Stimpson that*peimissionlbeegiven the schools, to place Caution signs in the streets in front o* schools, during the opening and closing and recess periods and to remove same after these hours.. The signs to be approved by the Mayor. Motion carried. It was moved by J. 0. Stimpson seconded by IJs. 0. Berglin that the committees report on R. H. Young adjustment be accepted. Motion carried. It was moved by 0. A. Gaston seconded by 111. 0. Berglin that the:insueance on the electric -light plant be renewed on experation of present policies in the Hartford Fire Insueence Company and the Aetna Insurence Company. Motion carried. The following bills were allowed Council Sam Dyson not voting. Union Express Freight Co. 0. Foster The Electric Service Co. The Texes Co. Neptune :Dieter Co. ufiatthews Electric Supply Tuveson Bros. Garage Republic Creosoting Co. Mobile Steele Co. Gaston Motor Co. Sangamo Electric Company The Fairhope Courier Electric shop, Phil Brady Bidgood Stationary Co. West Disinfecting Co. Mobile, Electric Garage Southern Carbon Brush Co. Marine Srecialty Co. Buford- Toothaker Tractor Klumpp Motor Co. Ruffles & Son Busy Bee Gq ra ge Co. Co. the Linde Air Products Company Motor Jewel G. & 7! Norville Bros. 30.94 484.43 161.50 3.38 116.36 .90 23.71 297. 25 45,30 101.39 52.01 31.49 .40 5.66 3.83 9.02 5.17 11.56 35.11 7.00 3.44 10.50 4.10 7.84 17.76 50.00 12 The Mathieson Alkali Works $ 9.45 Bay Fish Co. 2.00 Fairbanks, Morse & Co. 9059 Fairhope Coal & Supply Co. �18.59 Moore - Handley Hardware Co. 1,323.04 A. Youngquist 6.45 Turner Supply C o . -39%» 14 Pay Roll For March Howard Ruge Mayor 50..00 Geo. W. Morgan. Clerk 75.00 J. H. Titus Marshall 75.00 IT. 0. Berglin Councilman 2.00 Sam Dyson. it 4.00 C. A. Gaston If 4.00 H. P. Kamper it 4.00 J. 0. Stimpson If 4.00 E. D. Swift Watchman 47.00 Geo. C. Dyson Inspector 80.00 G. R. Wood: Engineer 140;00 J. P. Bailey If 95.00 Raymond Stapleton If 95.00 Frank McKensie It 85.00 H. C. Gender to 65.00 J. L. Keller Road Department 85.00 Beebe & Hall Legal Service 30.00 Labor Electric Dept. 68.45 Labor Roads 124.50 Labor '7ater & Sewer 17.40 Labor Vharf 14.40 Labor New Plant 35.40 Meeting adjourned. APPROVED: ,ti ,� �owa.rd Ruge, �day4o/ ATTEST: