HomeMy WebLinkAbout04-11-1955 Regular MeetingSTATE OF ALABAMA
County of Baldwin
The City Council of the City of Fairhope.met in regular session
at the City Hall, Monday, April 11, 1955 with the following
members present: Mayor E. B. Overton, Councilmen: M. 0. Berglin,
R.H. Brown, R. C. Macon and J. D. Mason, Councilman L. E.
Blatchford being absent.
The minutes of the previous regular meeting were read and approved
as read.
Motion by Councilman Berglin seconded by Councilman Mason that Mr.
Joe Schneider be appointed as third member of Board of Managers
of the School of Organic Education to May 1, 1957. Motion carried.
Motion by Councilman Brown seconded by Councilman Macon that the
Mayor be authorized and directed to appoint a.five man Park and
Recreation Committee. Motion carried. The Mayor then appointed
Mr. Wm. Ruffles, Jr., Chairman, J. E. Gaston, Sr., L.-T. Boone,
Ernest Bailey and Buddy Cummings to serve as Park and Recreation
Committee.
Motion by Councilman Mason seconded by Councilman Berglin that
the following bills be approved for payment:
General:
Standard Equip. Co.
29.26
Mobile Steel Co.
15•99
T. J. Fallow
18.00
Fairhope Courier
26.26
Davis Blue Print Co.
24.20
Wm. A. Dealy
49.42
Gaston Motor Co.
96.75
Central Restaurant
3.55
G. E. Appliance Center
5.20
M & S Service Station
11.99
Fairhope Upholstery Co.
10.00
Burford-Toothaker Tractor Co.
15.76
Ray -Brooks Machinery Co.
5.66
Mobile Electric Garage
20.91
State Planning Board
57.87
Radcliff gravel Co., Inc.
37.50
Western Lumber and Supply
332.65
Western Auto
99.89
Poser Printing Co.
19.80
Hebbard Lock Store
1.25
Fairhope Feed, Seed and Hatchery
8.20
Simmons Feed and Seed
4.37
Ruffles Co.
Fairhope Hardware
65.19
Standard Service Station
7.10
Wilmer Paint and Hardware
16.81
McKean Paint &LHdwe.
16.81
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W. R. Stuart, Probate Judge
1.50
Fairhope Service Center
11.70
Britton's Machine Repair
23.45
Melton's Garage
18.91
Gulf States Sales
19.70
9.86
W. S. Darley & Co.
Graham Oil Co.
339.3 5
. 0
May 6, 1955
Honorable John Patterson
Attorney General, Stato of AleCbam
M1cnt,,v!,,,ior7, Alab�Lna
Dear Sir:
T'Lle City Council 01:, the City of Fairhopc ha3 dirocted
we to write you with reference to point number 2 of your
letter of opinion to the; Bono.rable NeIvAIx-, "a-alkLao',
istxv ton of Alabama Alcoholic BeveraCo Control Board, (21'ated
March 23t 1955.
have examined the statute netting tip. t1he kloohol
Control Board and w4ila wo rez-,adlay recognize the sowvidnoos of
points one end threw, we do not il-nd anythirr, in th-- Alcohol
Control, Law Or in pert-inezit of the Supreme Court
that would support point numbev 12, nexiely.,
"The coverriine authoritics of a nunicipLl eorporatian
may not refuse to isaue & permit or lioonno to a licennee of
the "I'labania Alcoholic Beverage Control Board (!oing bv.siness
within the police Jurisdiction of zueh ramlcipalit7."
Our examination of the statute and of tho dec!3ions
Force us to the conclusion that even though a license has
been issued by the State Control Board, the v=lcipalit:7 has
the right also tolicense, and that, if the licensee does
not qualify under the jaunicipality the ^triiciralit7
has the right to refu4o to issue a licen3e, and upon faett=
warrantlne_, the mur1aipalit7 ean revoke its license. Tbis,
of co- urse, would not ravoke license issued
ssued by tho Alabam
Control Boar_. But the holder of lt;� license would be subject
to vrh,�tevor enforcorriont provisions the :-iunicipal ordinanco
sets up for enforcoment a;ainst those operating without a
runic .pal license.
illustration: It Is otw o;.:_nion that, Luider the cs"tatull.013
mid decisions$ if a mu�-&_,IpLpa'lity should find the a-p�ltoant for
a municipal., license did not meat tho qualifications of its
local ordinance f ov tha s6,*1e ol.` also oiic beverakto .0
b-4 your
Pa W n. John latterson, Attorney General 4D
licensee, it could refuse to issue a license, or it might revoke
the municipal license. Whereupon the municipality could pros-
ecute for operating without its license. Conversely, even
thouLh the municipality should issue a license, the municipal
licensee could be prosecuted by the state board for operating
without its license.
The City of Fairhope considers that this right to license
and to res-ulate the sale of alcoholic beverages is vital to Its
maintenance of law and order within its Jurisdiction and the
City feels that the double check, that state and municipal
control, both havinE-, to conclu; will more nearly assure decent
operation by licensees. The City Council hopes that you see
fit to withdraw the holding in your letter insofar as point two
is concerned.
Yours truly,
Beebe & SwearinSen
W. C. Beebe
Attorney for the City of
Fairhope
WCB. mb
ELECTRIC:
Moore -Handley Hdwe.
256.21
Betbeze
27.40
M & S Service Station
1.00
Matthews Elect. Supply
255.00
Fairhope Upholstery Shop
18.00
Prichard's Pan -Am
7.40
Huffman Ins. Agency
18.39
Western Auto
14.23
Ruffles Co.
1.18
McKean Paint & Hdwe.
1.96
Riviera Itilities
47657.93
South -East Joslyn Co.
409.52
Lighting Fixture and Elect. Supply
159.00
Graham Oil Co.
42.48
Burrough's Corp.
112.50
Turner Supply Co.
20.13
GAS:
Standard Equipment Co.
108.50
Marine Specialty Co.
19.00
American Meter Co.
627.22
Fairhope Hardware
4.00
Ruffles Co.
209.11
Ruge's Service Station
3.55
Melton Garage
27.31
Moffatt Bearings Co.
16•53
United Gas Pipe Line Co.
3,244.06
Graham Oil Company
14.28
Burrough's Corp.
112.50
Motion by Councilman Mason seconded by Councilman Macon that
the following Resolution be adopted: