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HomeMy WebLinkAboutO-169ORDINANCE NO. / v AN ORDINANCE TO REGULATE THE RETAIL SALE AND CONSUKPTIOW OF LI-�UORS, AS DEFIPIED IN TITLE 29, CHAPTER 1 OF THL 1940 CODE OF ALABAMA,WITHQ IN THE CORPORATE LI-YITS OF THE TOWN OF FAIRHOPE, ALAB.V'',IA, AND WITHIN THE POLICE JURISDICTION THEREOF; AND TO REQUIRE A PEP11,IT FROM THE TOWN OF FAIRHOPE BEFORE ENGAGING IN THE BUSINESS AS RETAILER OF LIQUORS WITHIN THE CORPORATE LII,rITS OF THE TO`OM AND WITHIN THE POLICE JURISDICTION THEREOF; AND TO PROVIDE A LICENSE TAX THEREON AND TO ENFORCE THE PROVISION OF THIS ORDINANCE AND TO PROVIDE FOR A PENALTY FOR ITS VIOLATION. BE IT ORDAINED BY THE TOWN COUNCIL OF THE T0'4N OF FAIRHOPE, ALABAIVIA: SECTION 1. DEFINITIONS. Words and phrases used in this ordi- nance, and not herein defined, and which are specifically defined in the Alcoholic Beverage Control statutes of the State of Alabama, unless the context plainly shows a different meaning, shall be given the meaning ascribed to them in th4 Alabama Alcoholic Beverage Control Statutes. The term "retailer" shall mean and be construed to include any and all persons authorized by law to sell liquors at retail in the Town of Fairhope and in the police jurisdiction thereof under the laws of the State of Alabama. The term "person" shall mean and include any and all stores, shops, hotels, clubs and all other persons, firms, corporations or associations authorized under the laws of the State of Alabama to sell liquors at retail in the Town of Fairhope and the police jurisdiction thereof. SECTION 2. PEP4IIT. No person shall engage in the business of retailer of liquors in the Town of Fairhope or in the police jurisdiction thereof without first obtaining a permit therefor from the Town of Fairhope. 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 of Fairhope shall prescribe the form of application for such permit and shall prescribe the form of such permit. Every person applying for and obtaining a permit to engage in such business shall pay to the Town Clerk for the benefit of the Town the sum of $10.00 for a permit to engage in such business within the corporate limits of the Town of Fairhope and 145.00 to engage in such business without the corporate limits, but within the police jurisdiction thereof. The fee for 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 lusiness on the first day of January, nor shall any reigate be allowed upon revocation, suspension, or surrender of such permit before the expiration thereof. SECTION 3. LICENSE TAX. (a) There is hereby levied on all persons engaged in the business of selling liquors at retail within the corporate limits of the Town of Fairhope, Alabama, a license tax equal in amount to -rW O per cent . . A -2- of the purchase price paid by such retailer for such liquors each calendar month, such amount to be paid on or before the 15th day of each month next following the last day of each month in which such person shall engage in such business; and if not paid on or before such date, there shall be added thereto a penalty of 15% of the amount of the tax due. Said tax shall be paid to the Town Clerk and a receipt issued therefor. (b) There is hereby levied on all persons engaged in the busi- ness of selling liquors at retail beyond the corporate limits of the Town of Fairhope but within the police jurisdiction thereof a license tax equal in amount to ON G-7 percent of the purchase price paid by such retailer for such liquors each calendar month, such amount to be paid bn or before the 15th day of each month next following the last day of each month in which such person shall engage in such business; and if not paid on or before such date, there shall be added thereto a penalty of 15% of the amount of tax due. Said tax shall be paid to the Town Clerk and a receipt issued therefor. SECTION 4. RECORDS AND REPORTS. It shall be the duty of every person engaging in the business of selling liquors within the Town of Fairhope and within the police jurisdiction thereof to keep a correct and intelligible record of all purchase of liquor for sale at retail within the Town and police jurisdiction thereof and of the price paid therefor and to render to the Town Clerk on or before the 15th day of each calendar month a sworn statement of the quanity of liquors purchased during the preceeding calendar month and of the price paid therefor, from whom and where purchased, and to pay the tax herein levied; the Alabama Alcoholic Control Board being willing to cooperate therein, such person shall also furnish to the Town Clerk a Certificate from such Control Board showing the quanity and price of all liquors so purchased for such purpose. All records required under this ordinance shall be kept at the place of business for which the liquors were purchased and shall at all times be opened to in- spection by the Town. SECTION 5. SEPARATE OFFENSES. It shall be unlawful for any person to engage in business as a retailer of liquors within the cor- porate limits of."' Fairhope or within the police jurisdiction there- of without first obtaining the permit herein provided or to continue in business after and while such permit is revoked or suspended or after default in the payment of the taxes herein levied; and each day's operation in violation of this ordinance shall constitute a separate offense. SUCTION 6. PLACE OF BUSINESS. Every person subject to any provision of this ordinance shall designate the place at which such business is to be carried on and the permit issued shall designate such place and such permit shall authorize the carrying on of such business only at such place. For each place at which such business is carried on, a separate permit shall be required. The permit issued hereunder shall at all times be posted in a conspicous place at or in the place for which the same is issued. SECTION 7. REVOCATION OF PERMITS. Any permit issued under this ordinance shall be subject to revocation -by the Town Council Qf the Town of Fairhope for violation by the person holding such permit of any provision of this ordinance or of any other ordinance of the Town of Fairhope relating to the business covered by the permit issued hereunder, and shall also be subject to revocation by the Town Council of the Town of Fairhope, it the person holding such permit, under color of such permit, violates or aids or abets in violating or know- ingly permits or suffers any other person to violate any penal ordi- nance or law of the Town of Fairhope or of the State of Alabama. I1 1 r In -3- Such permit shall also be subject to revocation, if the person holding such permit under color of such permit, violates or aids or abets in violating or knowingly permits or suffers any other person to violate in or at his place of business covered by such permit any provision of the Alabama Beverage Control Statutes or any amendment thereto here- after adopted or any law hereafter or heretofore passed by the State of Alabama regulating the manufacture, sale or consumption of alcoholic beverages. No refund of any part of the fee paid for such permit shall be made upon revocation of the permit. The Mayor or the Town may suspend any permit issued under this ordinance when, in his opinion, cause exists for the revocation of said permit by the Town Council, /and upon suspension he shall*give notice to the person holding such per- mit to appear before the Town Council at such time as he shall desig- nate, not later than the next regular meeting of such Town Council, and then and there show cause why the Town Council should not revoke such permit. No person whose permit has been suspended by the Mayor shall engage in the business for which such permit was issued, unless and until the Town Council shall pass upon such suspension and deter- mine that his permit ought not to be revoked. And any person who shall continue in business after the suspension or revocation of the permit by the Mayor or by the Town Council, as provided herein, shall be guilty of a misdemeanor and shall be punished as provided in this ordinance. Any person whose permit has been suspended or revoked by the Town Council as provided in this ordinance, may appeal from such suspension or revocation to the Circuit Court of Baldwin County, Alabama, in the manner provided for appeals from the Recorder's Court. Upon such appeal any person taking an appeal under this section, shall give security for costs in such amount as shall be fixed by the Clerk of the Circuit Court; provided, however, that if the suspension or revocation of the permit is because of the failure to pay the tax herein levied, before taking such appeal the person 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 the amount and sufficienby of sureties and conditioned as bonds for appeal from the assessment of taxes. Upon the suspension or revocation of a permit issued under this ordinance, the Mayor shall cause a placard to be posted at or within the place of business of such licensee bearing the following words and phrases; "WARNING. The permit issued to under which liquors have been sold from these premises has been revoked( or suspended as the case may be. This the day of 119 Signed; Mayor of the Town of Fairhope SECTION 8. If any person required to pay a license hereunder shall fail or refuse to make report thereof, the Town Council may make or cause to be made an assessment of the tax owing by such person from such evidence as it can obtain, and when such assessment is made, it shall give notice to the person owing such tax of the amount of such assessment, and such person may contest the same within five days, such contest to be before the Town Council of the Town of Fgirhope at which said contest, the tax payer may adduce such evidence before the Town Council as he shall see fit to show the amount of the tax owing by him or that none is owing, and the Town Council may likewise adduce or cause to be adduced before it evidence to sustain the assessment of such tax or to prove the amount owing by such tax payer; and on such hearing the said Council shall hear all the evidence and shall make a . Adr , final assessment of such tax. The tax payer may appeal to the Circuit Court from any assessment made against him, the same to be taken in the manner provided for appeals from the Recorder's Court, such appeal to be taken within the time provided for appeals from the Recorder's Court. If no appeal is taken within such time, the tax shall be due on demand. Provided that before taking an appeal under this Section, the tax payer must pay the amount of the tax ascertained and assessed by the Town Council or give gond in double the amount so ascertained and assessed with surety approved by the Clerk of the Circuit Court, such bond payable to the Towi�ofl airhope and conditioned that if he shall not perfect such appeal, .he shall prosecute said appeal and shall fail therein, he shall Pay such tax as shall be found due and assessed by the said Circuit Court of Baldwin County, Alabama; and in addition thereto such tax payer, on taking such appeal, shall also give securi- ty for costs in such amount 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 with the return made by any person of the license tax owing, the Town Council may proceed to investigate the same and make such assessment as it shall deem pro- per, and such tax payer shall have the right to contest and appeal from the assessment in the manner hereinabove provided for where no return is made. If rio appeal is taken, the tax ph,all be due on demand. If any person shall fail or refuse to pay the tax upon any return made by him, or upon any assessment made by the Town Council upon demand, collection thereof shall be enforced by %ttachment. The provisions of this ordinance for the assessment and collec- tion of a license tax levied hereunder are cumulative and shall not be construed to repeal any ordinance hereafter passed by the Town Council, relative to the assessment and collection of license taxes, nor to pre- vent the town from proceeding under any statute of the State of Alabama heretofore or hereafter adopted regulating and providing for the assess- ment and collection of license taxes by municipal corporations. SECTION 9. CRIMINAL REGULATIONS. (a) It shall be unlawful for any licensee to sell, furnish or give away liquors to any person visibly intoxicated, or to any insane person, or to aLy minor, or to habitual drunkards or persons of known intemperate habits. (bi It shall be unlawful for any licensee to fail to keep for a period of at least two years complete and truthful records covering his operation under his permit, and particularly showing the date of all purchases of liquors, the actual price paid therefor and the name of the vendor, or to refuse the duly constituted officer or agent of the Town 6f Fairhope access thereto, or the opportunity to make copies of the same when request is made during business hours. (c) It shall be unlawful for any licensee hereunder to refuse the duly authorized officer or employee of the Town of Fairhope the right to completely inspect the entire licensed premises at any time during which the premises are open for the transaction of business. (d) It shall be unlawful for any licensee under this ordinance to be directly or indirectly employed by any other licensee under this ordinance. (e) It shall be unlawful for any licensee under this ordinance to sell any liquors to any person engaged in illegally selling liquor, vinous and/or j*alt or brewed beverages. -5- (f) It shall be unlawful for any retailer of liquors licensed hereunder to purchase or reC eive any liquors, except from the Alabama Alcoholic Control Board or a person authorized by the State lad► to sell liquors to such licensee. (g) It shall be unlawful for any retailer to sell, furnish or give away liquors on the day of any Federal, State, County, or Munici- pal election, or on the date of any primary held for the nomination of any Federal, State, County or Municipal 6fficer, until after the time fixed by law for the closing of the polling places. (h) It shall be unlawful for any retailer of liquors to fur- nish, 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. (i) It shall be unlawful for any person to take down, destroy, mutilate, or conceal the wording of, any placard or other writing posted on the premises under authority of this ordinance. (j) It shall be unlawful for any person to whom a permit is issued hereunder not to keep such permit at all times displayedxin such manner that it can be seen by the public and by persons dealing with the licensee. SECTION 10. CONSTRUCTION. No provision of this ordinance shall be construed so as to tax interstate, commerce or any business of the United States Government, the State of Alabama or any branch or agency of either. SECTION 11. SEVERABILITY. Each and every provision of this ordinance is hereby declared to be an independent provision and the holding 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 provision which might be held invalid if sufficient remain to effect the purpose of this ordinance. $ECTIOld 12. PENALTY. Any person violating any of the provi- sions of this ordinance shall, upon conviction, be fined not less than twenty-five dollars("'25.00) nor more than one hundred dollars('100.00), and may also be sentenced to hard labor for.not exceeding ninety days, either one or both. SECTION 13. INTERPPd:TATION. This ordinance shall be deemed an exercise of the police power of the TI'vwn of Fairhope for the pro- tection of the public welfare, health, peace and morals of the people of the said town and all the provisions of this ordinance shall be liberally construed for the accomplishment of this purpose. SECTION 14. This ordinance shall be known and designated and it shall be sufficient to refer -to the same as the Fairhope Alcoholic Beverage Control Ordinance of i