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Home My WebLink About03-11-1957 Regular MeetingSTATE oc ALABAMA County of Baldwin T,he City Council of the City of Fairhope met in re5ular session at the City Hall, Monday, March l'I, 1957 with the following members present: Mayor E. B. Overton, City Manager C . B. I\ i emeyc-r,eCo.jnc i 1 men: Charles F . gel ew, John 7d". Fleming, Johnnie F. %%cDaniels, V.m. R. Ruffles, Jr. and Barney L. Shull. The minutes of the previous regular meetino :vere read and ammended to read' as follows: That theCity hold a referendum on March 18, 1957 on City Park and Recreation Procram for the City to be financcsd by Beer and Tabacco Trxx,, Sales Tape or other tax as deli gnatcd by the voters. `lotion b/ Councilman Shull seconded by Councilman Fleming that the application of Mr. L. E. Blatchford to remodel building on N. Church Street be approved' as submitted. Motion carried. Motion by Councilman Delew,seconded by Councilman McDaniels that Mr. Jzck Kirk, Electric Superintendent, be authorized to purchase breaker and Transformer as per bids submitted. Motion carried. Motion by Councilman Belewr seconded by Councilman McOan i el s that ono one Police Off'ic er answer any trouble call in creas to be designated' by the Chief of 3UM Police. Motion carried. Motiorrn by Councilman Selcaw seconded by Councilman Ruffles that the American Leg i orr request that license be suspended for carnival for one week be granted'. Motion carried. Motion by CounciIman Fleming seconded by Councilman NcDaniels tKat the applicaticn of T',r. Lee Parker to move sign be approved. Motion carried. Motion by Councilman McDaniel' seconded by Councilman Fleming that the follow— ing be appointed to the Park and Recreation Board: Motion carried. Mr. Romeo Simpson — 5 years Mr. Ernest Ba i I ey — 4 years Mr. E. P. Nakef ield — 3 year Mr. George Page - Z years. Mr. Via I ter Poser - I year. Motion by Councilman Belem seconded by Councilman Shull that the application of l'.. R. Todd to repair bldg. on S. Section Street and to block sidewalk during construction be approved. Motion carried. Mot ton by Counci Iman Mc Dan 1e1's bills be approved for payment: General Fund. John S. Huffman Agency Riviera Utilities Southern Tire dnd Patch Co. 4testern Auto Store Burford—Toothaker Tractor Co. ',:estern Lumber and Supply .`.c'�ean Paint and Hdwe. Fairhope Hdwe. & Supply Gaston Motor Co. K I umpp %lot or Co. Jansen Mfg. Co. Bay Supply Co. seconded' by C-ouncilman Ruffles that the following Fairhope Stationery and Printing Fairhope ach i ne Works Satterwhite Service Radcliff Gravel Co. \1 i rg 1 1- Hccrst on Central Restaurant The Fairhope Courier- M & S Service, Station t."e I ton' s Garage �% S. Darley a Co. Poser Printing Co.. Moore —Handley Hdwe. Busy B,Garage 20,00 4.66 60.00 32.41 13.6o 67.6o 6.96 4.21 21.50 6.50 6.25 26.41 1.58 1.25 15.6.: 37.50 20.00 18.50 1o.63 12.05 80.17 52•55 43.95 13.24 1.95 T. R. Ya,kum Simmons Feed and Seed' Gulf, Oil Corp. V7 . A. Dea I y Electric« Riviera Utilities !Vestc-rn Auto McKean Faint and Hdwe. Gaston i%lotor Co. Alabama Vlood Preserving Matthews Elect`. Supply Co. Vesco Co. Standard - Equipment Co. Sout'hwi re Co. Anchor Mfg. Co. ;d. E. Duncan Joslyn .Mfg. & Supply Co. Curo-Test Moore -Handley Hdwe. (Lighting Fixture and Elect. Gulf- Oil Corp. Modern 5 i gn Co. Gas Cepartment: Ruffles Co. Fa i rhope Service Center McKean Faint & Hdwe. Fa i r ope Hdwe.. a. Suppl y American Gas Assoc. Gaston Motor Co. M & 5 Services Station '.1e I ton Garage Hand' s Wb I d i ng Standard Equip. Co. Dr`sser Mfg. Co. American Metter Co. Vermeer Mfg. Co. O'ron i to Chemical Co. ,Mar i net Spec i a I ty Co. Chas. Ayres Co. Modern Sign Co. United Gas Pipe Line Co. Gulf- Oil Corp. supply 6.00- 7.62 232.67 67.5 0 5 ,809.35 1.54 4.05 1.25 3,93.26 26.00 13.60 16.75 182.41 61.69 371.80 291.24 13.20 44-1 1 174.84 61.25 10.00 716.85 3.75 8.56 2.50 1.00: ZI 12 7.50 35.00 455.49 4.58 12.13 63.20 I06.70 27.75 23.05 10.00 4.4t2.55 25.65 Councilman Ruff"les introduced'the following Ordinance which motion eras ORDINANCE NO. -2 �161 AN ORDINANCE TO DEFINE TRADING STAI.TS; TO REGULATE THE I;ARI ,-TING OF TRADING STAI-TS; TO LEVY A PRIVILEGE LICENSE TAX UPON PERSONS, FIRN;S, ASSOCIATIOI.S, PARTI1,RSHIPS AND COIHPORATIOP,S MARKETING TRADING STAI:PS IN THE CORPORATE LIMITS OF THE CITY OF FAIRHOPE AND ITS POLICE JURISDICTION; TO i`,AKE IT UNLAWFUL TO I.ARKET TRAD- ING STAI.PS TO OR THROUGH 1,2RCHANTS IN THE CORPORATE LIMITS OF THE CITY OF FAIRHOPE OR IN THE POLICE JURISDICTIOI: ThER�,OF WITHOUT FIRST PROCURING A LICENSE FROM TIE CITY OF FAIRHOPE, AUD TO PROVIDE PENALTIES FOR SUCH VIOLATION; TO MAKE IT UNLALTUL FOR AI4Y I•I;RCHANT IN THE CITY OF FAIRHOPE OR IN ITS POLICE JURISDICTION TO GIVE OR KARKET 11ITH THE SALE OF I•I;RCHAI.DISE OR SZRVICES THE TRADIIIG STARS OF A11Y PERSO11j. FIRK, ASSOCIATION, PARTNERSHIP OR CORPORATION WHO OR WHICH HAS NOT FIRST PROCURED A LICEiISE FROI•: THE CITY OF FAIR - HOPE TO iiARKET SAID TRADING STALPS AND TO PROVIDE PEidALTIES FOR SUCH VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE! ALABAMA, AS FOLLU:IS : SECTION 1. This ordinance shall be known and may be cited as Trading Stamp Ordinance IIo. �_ of the City of Fairhope, Alabama, of , 19_. SECTION 2. It is not intended by this ordinance to repeal, abro-ate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by this ordinance. SECTION 3. Definitions. For the purpose of this ordinance the following terms, phrases, and words shall have the meaning here- in given. 11hen not inconsistent with the context words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. (a) For the purpose of this ordinance the term "trading stamps" shall also include and mean stamps, coupons, certificates and other similar devises or substitutes therefor which are re- deemable in commodities or cash, or to be used for things of value or cash. (b) For the purpose of this ordinance the term "person'? shall include firm, associations, partnership and corporation. (c) For the purpose of this ordinance the term "marketing" shall also include and mean selling for cash or anything of value. (d) For the purpose of this ordinance the term "merchants" shall include persons, firms, associations and corporations who sell services or property, both real and personal, or the use thereof. (e) The words "sale price" shall mean and include the cost of the trading stamps to the merchants, whether paid for at the time of the purchase thereof or at the time of their redemption. SECTION 4. For the purpose of this ordinance trading stamps are and shall be presumed to have been marketed to the merchant by the person responsible for their redemption when the merchant gives or markets the trading stamps of such person in connection with the sale of property (both real and personal) or services by the merchant. SECTION 5. There is hereby levied on every person who en- ga;;es in the marketing of trading stamps to merchants within the corporate limits of the City of Fairhope, and every such persor4A- shall pay to the City of Fairhope an annual license of � is o Y at the time of commencing to engage in the marketing of trading stamps and on January 1st of each year thereafter, and in addition thereto a stun equal to o7o pet cent of the sale price of all trading stamps so marketed, for the privilege of engaging in the marketing thereof within the corporate limits of the municipality, which shall be due and payable on the 15th day of each calendar month for all stamps marketed during the preceding calendar month. SECTION 6. There is hereby levied on every person who en- gages in the marketing of trading stamps to merchants within the police jurisdiction of the City of Fairhope, but without the corporate limits of the City of Fairhope and every such person shall pay to the City of Fairhope an annual license of fib °X_ at the time of commencing to engage in the marketing of trading stamps and on January 1st of each year thereafter, and in addition thereto a sum equal to /o per cent of the sale price of all trading stamps so marketed, for the privilege of engaging in the marketing thereof within the police jurisdiction of the City of Fairhope, which shall be due and payable on the 15th day of each calendar month for all stamps marketed during the preceding calendar month. SECTION 7,. Before engaging in the marketing of trading stamps in the corporate limits _or the police jurisdiction of the City of Fairhope every person shall make application for license from the City of Fairhope through its clerk, who shall require from the applicant to supply certified statement of the last audit report of the company responsible for'redeeming the trading stamps sought to be marketed. Such application shall also state the name of the merchant or merchants to whom the stamps are to be sold and the cost thereof to the merchant. The clerk shall not issue license until he has received the foregoing statement and submitted it to the City Council for its approval and authorization. The City Council shall approve such application unless it determines that the applicant fails to provide a reserve sufficient to insure the redemption of all outstanding un-redeemed stamps. The city council may require such statement and affidavits of the applicant as are necessary to determine this requirement for the protection of the public in- terest. On or before the 15th day of each calendar month each person marketing trading stamps within the corporate limits of the City of Fairhope or within the police jurisdiction thereof shall file with the City Clerk on forms prescribed by the City Council a statement of the number of trading stamps sold, to whom sold, and the cost thereof to the merchant. SECTION 8. Each merchant to whom trading stamps are sold to be issued in connection with his sales shall also make report to the City Clerk on or before the loth day of each calendar month of the number of trading stamps purchased by him for issuance, from whom purchased, how redeemable, or to be used, and the cost thereof. SECTION 9. If any person required to pay the license here- under shall fail to pay the same and shall fail to pay any amount thereof when and as the same shall become due, the City Council may revoke the license issued hereunder. And it shall be unlawful for any person whose license has been revoked to market trading stamps to merchants in the City of Fairhope or its police jurisdiction. Igo revoked license shall be reinstated, but a new license shall be re- quired and may be issued with the approval of the City Council upon filing a new application and upon meeting any and all requirements of this ordinance and the payment of any and all taxes due. SECTION 10. The agents or representatives of persons who en- gage in the business of marketing trading stamps to merchants in this city shall be personally responsible for the compliance of their principals and of the business they represent with this ordinance. SECTION 11. It shall be unlawful for any merchant to give or issue trading stamps sold to it by any person who has not procured license hereunder. And in the event the license is revoked, it shall be unlawful for any such merchant to issue trading stamps bought from a person whose license has been revoked. The issuance by any merchant in the City of Fairhope or in its police jurisdiction of the trading stamps purchased by it from a person unlicensed, or from one whose license taxes have not been paid hereunder, after notice that such person has not paid such license, or that such license has been re- voked, shall render the merchant so issuing such trading stamps liable for the taxes levied by this ordinance for the marketing of trading stamps. SECTION 12. There is hereby levied upon any and all merchants issuing trading stamps not purchased from a person licensed hereunder, a privilege license tax in the same amounts, with the same pains and penalties herein prescribed for the marketing of trading stamps. Be- fore en-aZing in the issuance of trading stamps not purchased from a licensee hereunder the merchant or person so issuing the same shall apply to the City Council and make application in the manner and form prescribed for the marketing of trading stamps to merchants and shall comply with all requirements hereunder for the marketing of trading stamps. SECTION 13. Any person violating any of the provisions of this ordinance shall, on conviction, be fined not more than 9100.00 to which may be added, in the discretion of the judge of the court trying the case, confinement to jail and to hard labor for the city, for a period not to exceed six months. SECTION 14. If any section of this ordinance is for any reason held invalid or unconstitutional, such section shall be deemed a separate provision and shall not affect the validity of the remain- ing portions hereof. SECTION 15. The license imposed by this ordinance shall not apply to persons issuing coupons or certificates furnished by a manu- facturer or compounder as a part of an original package or item of merchandise and distributed in connection with that one commodity only, nor to persons issuing coupons or certificates exclusively on one private brand product only. SECTION 16. This ordinance shall be and become effective thirty days after its adoption. If any person shall be engaging in the marketing of tradin stamps or any merchant shall be giving or issuing the same in coAction with his sales, such person shall make application for license and pay the taxes herein provided and fully comply with this ordinance within ten days after this ordinance shall become effective. SECTION 17; This ordinance shall go into effect on the day of __ , 1957, and remain in effect until repealed. Councilman Shull moved that Secti-n 5 and Section 6 of Ordinance J/946 be emm3nded to read as follows-: Motion seconded by Councilman Belew SECTION 5• There is hereby/@,vied on every person who engages im, the marketing of trading stamps to merchants within the corporate, limits of the City of Fairhope, and every such person shall pay to the City of Fairhope an annual license of $ 100.00 at the t i me of commencing to engage in the marketing of trading stamps and on January Ist of each year thereafter, and in addition thereto a sum equal to 10 per cent of the sale price of all trading stamps so marketed, for the privilege of engaging in the marketing thereof within the corporate limits of the municipality, which shall be due and payable on the 15th day of each calendar month for all stamps marketed during the preceding calendar month. SECTION 6. There is hereby levied on every person who engages in the marketing of trading ste-nps to merchants within the police jurisdiction of the City of Fairhope, but without the corporate limits of the City of Fairhope an annual license of $50.00 at the time of commencing to engage in the marketing of trading stamps and on January Ist of each year thereafter, and in addition thereto a sum equal to 5 per cent of the sale price of all trading stamps so marketed,, for the privilege of engaging in the marketing i'it-xwJtr thereof within the police jurisdiction of the City of Fairhope, which shall be due and payable on the 15th day of each calendar month for all stamps marketed during the preceding calen- dar month. Upon being put to vote the following vote was recorded= Voting Yes: Council- men Bef inv ant!' Shu 6 t, Voting No: Councilmen.- Fleming, McDaniels and Ruffles. Ammendment defeated. Motion by Councilman McDaniels seconded by Councilman Ruffles that the rules be suspended and unanimous consent be liven for immediate consideration of and; action on said Ordinance. Upon the motion -,being put to vote the following vote was recorded: V oting,Yes, Mayor Overton, Councilmen: Fleming, Ruffles, and MCDanibls, Voting No; Councilmen Belew and Shull. The Ordinance not obtain- ing unanimous consent for adoption was carried over. Motion by Councilman Ruffles seconded!by Councilman McDaniels that the follow- ing be appointed to the Election Boards for Monday, March 18, 1957: Box # I -City Hall Lee Masters Returning Officer Mrs. Helen Robinson) Inspector Mr. Ted Page Inspector Mrs. Lois McCarthy Inspector Mrs. Marjorie Nahrgang Clerk Mrs. Del I& Stapleton Clerk Box # 4 -- School Bldg. Mr. T. E. Malone Returning Officer F. G. Smith Inspector J. H. Gri ff in, Srr. Inspector Mrs. Johnnie McDaniels Inspector Dick Dryer Clerk A. J. Martin Clerk Box 7Y5 -- Red Cross Bldg. Art Stenzel Returning Officer Ed Sheldon Inspector Mrs. Margaret Gaston Imspector Mrs. Joe Schneider- Inspector Mrs,. At Conrow Clerk< Mrs. Chester Bi I I ie Clerk Motion by Councilman McDaniels seconded by Councilman Fleming that Mr. C. B. Niemeyer be reeppoirrted' as C i ty Manager to October t and that the Council meet with Mr. Niemeyer and do--termine policies for Administrative City Business. Voting Yes: Counc i I!men Fleming, McDaniel s and Ruffles. Voting No. Councilmen Delew.•and Shull. Motion carried. It was duly moved and seconded that the meeting adjourn. Approved At•tlest: L 64 — . I n -�- city lork Motion carried. Mayor