HomeMy WebLinkAboutO-248ORDINANCE #248
AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO
AMEND SECTIONS THREE, FOUR, AND FIVE OF FAIR -
HOPE ALCOHOLIC BEVERAGE CONTROL ORDINANCE OF
APRIL 12, 1937, AS AMENDED BY ORDINANCE NO.
180.
BE IT `RDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOFE, ALABAMAt
FIRST: That sections three, four and five of the Fairhope Alcoholic
Beverage Control ordinance of April 12, 1937, as amended by Ordinance No.
180 be amended to read as followst
SECTION 3. WHOLESALER, DISTRIBUTOR AND JOBBER.
(a) There is hereby levied on every person, firm, corporation or
association who shall engage in business as a whole saler, distributor
or jobber of malt or brewed beverages of an alcoholic content not in
excess of Leo by weight and 5% by volume, in the corporate limits of the
City;of Fairhope, Alabama, a license or privilege tax to be measured
and ascertained as follows: An amount equal to two and one-half cents
on each twelve fluid ounces or fraction thereof of such matt or brewed
beverages sold or distributed, said amount to be due and payable on or
before the 15th day of the calendar month next following such sales or
distribution, and if not paid by said date, there shall be added to
said amount a penalty of 15/o thereof.
(b) Every such wholesaler, distributor and jobber shall before
engaging in such business file with the Town Clerk�of the City of
Fairhope a written statement under oath containing full data regarding
the business he intends to carry on, including the location of his
business, whether or not such wholesaler, distributor or jobber is
a natural person, a corporation, a partnership or association, and if
not a natural person, the names of the persons composing the partnership
or association, and their residences, and if a corporation, the officers
and persons holding the capital stock of the corporation and their
residences.
(c) Three -fifths of the proceeds of the tart levied hereunder shall
be covered into the City Treasury and may be used for any municipal
purpose. Two -fifths of the proceeds of such tax shall be covered into
a fund designated at the "Fairhope Recreational Fund" and shall be used
for the acquisition of lands, buildings and equipment and facilities for
recreational and park purposes and for maintenance, development and
operation of recreational facilities and public parks, for the City of
Fairhope and its people.
SECTION 4. RETAILERS.
(a) There is hereby levied upon all persons, firms, corporations
or associations who shall engage in the business of sell, within the
corporate limits of the City of Fairhope, Alabama, as a retailer, malt
or brewed beverages of an alcoholic content not in excess of Wo 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 two and
one-half cents 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 address of the
purchaser, said amount to be due and payable on or before the 15th day
of the calendar month next following suchsales, and if not paid by said
date there shall be added to said amount a penalty of 15% of such amount.
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(b) Any person, firm, corporation or association engaged as a
retailer of such malt or brewed beverages purchased in whole from a
wholesaler, distributor or jobber on which the tax herein levied has
been paid, shall not be required to pay the additional amount of two
and one-half cents on each twelve fluid ounces or fractional part
thereof; provided, however, that in order to obtain this exemption such
retailer must, bn or before the 15th day of each month, file with the
City Clerk of the City of Fairhope, Alabama, a sworn written statement
showing every purchase by such retailer during the preceding calendar
month, and as well the name of the wholesaler, distributor or jobber
from whom the same was purchased, the amount of each purchase and the
date of each purchase.
(c) Three -fifths of the proceeds of the tax levied hereunder shall
be coverned into the City Treasury and may be used for any municipal
purpose. Two -fifths of the proceeds of such tax shall be covered into
a fund designaged as the "Fairhope Recreational Fund" and shall be used
for the acquisition of lands, building and equipment and facilities for
recreational and park purposes and for maintenance, development and
operation of recreational facilities and public parks, for the City of
Fairhope and its people.
SECTION 5. POLICE JURISDICTION. There is hereby levied upon every
person, firm, corporation or association engaging in business as a
wholesaler, distributor, jobber or retailer of malt beverages of an
alcoholic content not in excess of LJ by weiggtst and 5% by volume,
without the corporate limits of the City of Fairhope but within the
police jurisdiction thereof, a license or privilege tax in an amount
equal to one-half the amount of the license tax levied for engaging in
such business within the corporate limits of the City of Fairhope, namely:
one and one-fourth cent on each twelve fluid ounces or fraction thereof
of such malt 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 City of Fairhope, and such
persons, firms, corporations or associations engaging in such business
shall be subject to all of the other provisions of this ordinance
applicable within the corporate limits of the city of Fairhope.
Three -fifth of the proceeds of the tax levied hereunder shall be
covered into the City Treasury and may be used for any municipal purpose.
Two -fifths of the proceeds of such tax shall be covered into a fund
designaged as the "Fairhope Recreational, Fund" and and shall be used for
the acquisitions of land, buildings, equipment, and facilities for
recreational and park purposes and for maintenance, development, and
operation of recreational facilities and public parks, for the City of
Fairhope and its people.
SECOND: This ordinance shall become effective on the Ist day of
May,1957•
Adopted on the nth day of March, 1957.
C Ierk
Approved this day of