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Home My WebLink AboutO-194STATE OF ALABAMA County of Baldwin The .Town Council of the Town of Fairhope met in regular session at the Town Hall July 25, 1949 with.the following members present: Mayor T.J.Klumpp, City Superintendent C. B. Niemeyer, Councilmen: M.O. Berglih, J. T. Bradford, R: H. Brown, E. B.,Overton and I. Steele. The minutes of the previous regular meeting were read and approved. Motion by Councilman Berglin seconded by Councilman Steele ` that the Town purchase three molds for making concrete street Markers. Motion carried. The following Ordinance was introduced by Councilman Steele it being read in till the same being as follows: ORDINANCE # ;i BE IT ORDAIN?ED BY THE TOWN COUNCIL OF THE TOWN OF FAI RHOPE, ALABAMA: SECTION le TAX LEVY IN CITY. In addition to all other taxes now imposed by law or ordinance every person] except as herein otherwise provided, who conducts or operates a place of amusement within the corporate limits of the City shall pay a license tax to the City and a license tax is here. by fixed and levied, which license tax shall be an amount equal to one cent for each forty cents or fraction thereof of admission to any such place of amusement, including admission by season tickets, or subscriptions. SECTION 2, TAX LEVY IN POLICE JURISDICTION In addition a to all other taxes now imposed by lacy or ordinance, every person, except as herein otherwise provided, who conducts or operates a place of amusement without the corporate 11r•its of the City but within its police jurisdicition shall pay a license tax herein fixed and levied for operating a like place of amusement within the corporate limits of the City. SECTION 3. DATE FOR FILING: S-ATER7..NT AND PAYING TAX. Each person who shall conduct or operate a pl-ice of amusement within the City or within its police jurisdiction shall, on r or before the lst day of September, 1949; and on or before the the first day of each month thereafter., file with the City Clerk of the. -City a sworn written statement which shall be a full, true, 4 ccurate and correct statement of the number of admissions to such place of amusement sold by such person during the then, next preceeding calendar month together with the amount for each admission. The license tax herein fixed on or before the dpte of the filing of each such statement, based on the charges made for admission to such place of amusement ` during the then next preceeding calendar month. Provided, that in the case of a place of amusement operated by� a transient person, the statement in this section required to be made shall be made, and the amount of license tax due shall be paid, by such transient person, daily before the bnd of the performance$ entertainment exhibition or amusement of that day. Provided, further, that no place of amusement operated by a transient person shall open for business on any day until such teansient person XN Mn operating; or conducting such place of amusement shall have given security as herein provided' for the payment of all license taxes due hereunder`. Such security shall consist of a bond to be approved by the City Clerk with a surety company doing business in the City, as surety, in an ano nt of approximately twice the probable amount of such license tax as may be determined by the City Clerk or a cash deposit of a like amount may be made with the City Clerk. SECTION 4. R1;CORDS. Every person Who shall conduct or operate a place of amusement within the City or within its police jurisdiction shall keep a record of all admission sold to such place of amusement, which record shall show full and complete details pertaining to the number of such admissions and the charges made therefor. All such records shall be retained for a period of three years and shall be sub,'ect to inspection by the City Clerk or his duly authorized deputy, or other representative, who shall have the power and authority to enter upon the premises of any such person at all masonnble times for the purpose Of examining such records. SECTIOr; 5, EXEYPTION. This ordinance shall not apply to any i;place of amusement where the entire net proceeds are devoted exLlusively to some well recognized religious, charitable or educational organization, and where no person receives any pay or other renumeration for taking part in any performance, entertainment, game or other amusement, or as director or manager thereof, or in getting* up or putting on any entertairmert or amusement, nor to dances which we purely social functions and not for profit to any person, firm or cause and where no person receives any pay or other renumeration nor to admission of children under twelve years of age when the admission charged is ten cents or less. I8LCTION 6, ILLEGAL ACTS. Among others, the following acts and ommissicns shill be unlawful: (a) It shall be unlawful for any person, who is in this ordinance required to keep records, to fail or omit to keep the some in the manner heroin provided, or to refuse to permit the City Clerk or his duly authorized deputy, or other representative to inspect the same at any reasonable hour, or to interfere with or obstruct the City Clerk or his duly authorized deputy or other representative in the making of any such inspection. (b) It shall be unlawful for an person fo is herein required' to file statements with the City Clerk to fail or omit to make or file any statement herein provided within the time herein specified or to male any false statement therein, and such offense shall be a continuing offense against the City and each dhy during which said person shall conduct or operate a place of amusement during such default shall constitute a separate offense. (c) It shall be unlawful for any person who is required to pay the license tax herein provided for to fail or omit to pay the same within the time hereinipecified, and such offense shall be a continuing offense against City and each day during sucl`` default shall constitute a separate offense. SECTION 7. COT7STRUCTION. (a) This ordinance shall not be construed to tax inter- state comr-erce or any busines of the United States Government or any branch or agency thereof. (b) This ordinance shall not be construed to repeal any of the provisions of any other ordinan ce or of the general license code of the City, but shall be held to be cumulative. SECTION 8. Any person Who fails to pay the tax herein levied within the time required by this ordinance shall pay in ,t addition to the tax, a penalty of ten per cent of the amount of the tax due, such penalty to be assessed and collected as part of the tax. SECTION 10e PENALTY. Any person violating any of the provisions of this ordinance shall, upon conviction, be punished within the limits of and as provided by Title 37, Section 586, of the Code of Alabama, 1940 provided, that upon conviction for a first offense there shall be imposed a minimum fine of Ten Dollars ($10e00) and upon conviction for a second or subsequent offense the minimum fine imposed shall be Twenty- five Dollars ($25.00)0 SECTION lle EFFECTIVE DATE. This ordinance shall become effective at mJdnight of August 1, 1949, following; its publication in a newspaper published in Fairhope, Alabama, Adopted July 25, 1949. �---t---- Approved -�L:2 7 Mayo Attest: Clerk It was moved by Councilman Brown seconded by Councilman Bradford that all rules and tegulation of the statutes of the Town Council of the Town of Fa1rhope which might prevent, unless suspended, the immediate consideration and final passage and adoption of said Ordinance at this meeting. The question being put upon the adoption of said motion and the suspension of the said rules and regulations, the roll was called with the following results: Voting Aye, Mayor T.J.Klumpp, Councilmen M.O.Berglin, R.H. Brown, J.T.Bradeord, E.B.Overton and Ira Steele, Voting Nay, None, The Mayor declared the motion carried. Councilman Berglin therefor moved *hat the said Ordinance be finally passed and adopted as introduced. Councilman Steele seconded the motion. The question being put upon the final passage and adoption of the said Ordinance the roll was called witY the following results: Voting Aye: Mayor T.JKlumpp, Councilmen Y'.0. Berglin, R.H. Brown, J.T.Bradford, E.B.Overton and Ira Steele, Voting. Nay, None. T!7,ereupon the Mayor declared said motion carried and the Ordinance finally passed and adopted and signed said Ordinance in the approval of the smee A/1 Approved Mayor Attest Clerk