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HomeMy WebLinkAbout1933-08-24 MinutesNd•e Fayetteville City Council met in regular session Monday August 21, 1933. Present: City Clerk Otoe Phillips, City Attorney Virgil Ramsey, Chief of Police Neal Cruse, Aldermen Bynum, Carter, Gregory, Harding, Peal, Sanders, Stanford, and l'Jages. Alderman J. F. Stanford vias seated as Mayor I'ro Tem. Minutes of the regular meeting held August 14th, 1933, were read and approved. Bills: The following bills were presented after their approval by Alderman Peal, Chairman of the Auditing Committee; Fayetteville Drug Co. 933.95, Joe Baker 9;5.80, Ben Porter 9c6.n A. F. Shumate 9$18.00, Barnes Shop 60.50. Alderman Herding made a motion which was sec ended by Alderman Carter that the bills be allowed as approved and the Clerk he in- structed to draw warrants for sake upon the proper funds. This motion received the unanimous vote of the Council and the Mayor so declared. ssi.gnati.'n Jas. Dinwiddie tendered his resignation as City Building Inspector: Alderman Sanders of moved that the resignation be accented. The motion was seconded by Alderman Gregory inwiddie: and received the entire vote of the Council. The matter of appointing, a successor was deferred till next meeting. The Proposed ordinance relative to taxation of sale and distribution of beer was carried over. The Mayor called the attention of the Council to the fact that the Veterans Hospital authorities requested the use of the City street sweeper on the 24th or 25th of this month. Alderman Harding made a motion seconded by Alderman Peal that this request be ,granted and that the Mayor be authorized to make the proper arrangements with the Hospital authorities. The motion was duly passed by the Council. , Alderman Bynum moved that the Council recess subject to call. Alderman Peal seconded the motion which received the entire vote of the Council and the Mayor declared the Council ascesk u�bject to call. o Attest: 1 e Approved: City L er;. may�P Pro Tem. Recessed meeting of the City Council of the City of Fayetteville, Arkansas, held Thursday, August. 24, 1933. Thi Council was called together at 1.30 P Te by Mayor Pro Tem J. F. Stanford for the purpose of further consideration of the proposed ordinance relative to taxation of sale and distribution of beer. Present:I Citv Clerk Otoo Phillips, City Attorney Virgil Ramsey, Aldermen Bynum, Carter, Greg- ory, Harding, Peal, Sanders, Stanford and Wages. Absent: Mayor T. S. Tribble. Alderman J. F. Stanford was seated as Mayor Pro Tem, City Attorney Ramsey,in his explanation of the Act passed by the State Legislature, XKKU01 lepelizing the sale of beer containing 3.2% alcoholic content, stated that the Act repealed all local and special laws in so far as 3.2% alcoholic contents is concerned. Alderman Gregory made a motion, which was seconded by Alderman Harding„ that the ordinance be amended as follows: The term Retail Dealer to mean any Person selling to the consumer light wines or beer in quantities of 16 gallons or less; The term Wholesale Dealer and Distributor to mean any person selling beer or light wines to retail dealers in quantities of 16 gallons or more. The motion received the entire vote of the Council and the Mayor so declared. Alderman Gregory the made a motion, which was seconded by Alderman Wages, that item "C" in Section Three of the ordinance be amended to conform to the State Law as follows; Fach Retail Dealer doing business within the corporate limits of the City of Fayetteville, Arkansas, shall pay a special privilege tax of XN 9$10.00 per annum for a beer business of less than x$1000.00, y$15.00 per annum for a beer business XX between x$1000.00 and $2000.00, over 9$2000.00 per annum $20.00. This motion received the entire vote of the Council and the Mayor so declared. Alderman Sanders moved that the ordinance be placed on its third and. final reading. Alderman Bynum seconded the motion which received the unanimous vote of the Council. The Clerk then read the ordinance the third and final time. The Mavor put the ques- tion "Shall the ordinance pass". On the Clerks calling the roll the following vote resulted: Ayes; Carter, Gregory, Harding, Stanford, and Wages. Nays: Bynum, Peal, and Sanders. Absent and not voting: none. The Mayor declared the Ordinance passed as there were 5 Ayes and 3 Nays, The Ordinance as amended and Passed follows; Ordinance No. 760. An Ordinance to be entitled "An Ordinance to Permit the manufacture, sale and dis- tribution within the corporate limits of the City of Fayetteville, Arkansas, of light wines and beer, and to provide for the sale and distribution of such products, and for other nurnoses". Be it ordained by the City Council of the City of Fayetteville, Arkansas: Section One: The business of manufacturing, handling, receiving, distributing or selling the products hereinafter defined in tYlis Ordinance is hereby declared under the Constitution and Laws of this State and the City of Fayetteville, Arkansas, to he a Privilege, and the purpose of this Ordinance is to impose certain license, fees and taxes on such business and to regulate the sale of the same. , Section Two; The following Words and Phrases where ever they appear in this Ordinance shall be construed to mean the things set; out below respectively, to -wit; The word "Person" means one or more persons, a company, a corporation, a part- nership, a syndicate, or an association. The term "Beer" means any fermented liquor made from malt or any substitute therefor, and having, an alcoholic content of not in excess of 3.2 percent by weight. The term "Light Wines" means the fermented ,juice of grares or other small frui.ts including berries and having an alcoholic content not in excess of 3.2 percent by weight. . The term "Wholesale Dealer and Distributor" means any person who sells beer/or light wines to retail dealers in quantities of sixteen gallons or more.• The term "Retail Dealer" means any person who sells to the cmnsumer light wines or beer in quantities of sixteen gallons or less. All other words and phrases not herein defined shall be defined and held to mean the same as defined by the Act of the Extra Ordinary Session of the General Assembly of the State of Arkansas of. 1933 levalizing the. sale of Light Wines and Beer in the State of Arkansas. Section Three: For the privilege of doing business within the corporate limits of the City of Fayetteville, Arkansas, .respectively as herein-t-elow indicated there shall be assessed,••levied and collected an annual License tax: All. of said License shall. ex- pire on the 30th day of June, 1934, and on the same date each ,year thereafter: A: From each Wholesale Dealer or Broker, or Distributor in light wines and/ or beer a special Tax of One Hundred Dollars ($S1n0.00) shall he levied and collected, B: From each Manufacturer of Beer or Light !!pines located within the corporate limits of the City of Fayetteville, Arkansas, a special Tax shall he levied and coll- ected annually of One Hundred Dollars (0,100.00). C: Each Retail Dealer doing business within the corporate limits of said City, shall pay a special privilege Tax of Ten Dollars (411n.0n) per annum for a beer busi- ness of less than $51000.00, Fifteen Dollars (yP15.On) nor annum for a beer business between $1000.00 and $;42000.00, over $2000.00 per annum Twenty Dollars ($20.n0), D: From each Retail Dealer doing a curb service, serving Beer or Light: Vines outside the walls of their establishment shall pay an extra privilege Tax of $15.0n per annum for the privilege of serving... Beer or Light 1'lines to customers on the streets or outside their walls. Section Four: It shall he a violation of this Ordinance for any person to have in his nossession any liquors, or in his stock any Deer or Fine on which the Tax has not been paid, or which contains more than 3.2 percent by welwht of alcohol. Section Five: It shall he the duty of each person before he shall begin the sale or distribution as provided by t�Nis Ordinance, to make application to the City Clerk, and .receive his License, which shall he granted to him by the Clerk on presentation of his State License Permit, and pay the annual License fee as above provided: said License shall not be transferrable: if any person shall he convicted for a violation of this Ordinance his license permit shall he.cancelled and held nul and void, and shall not thereafter for a period of one year be granted another permit or license for any pur- pose authorized by this Ordinance. Section Six: No permit to engage in such business shall be granted by the City Clerk to any person not a resident of the State of Arkansas for at least two years, nor to any person who was not a qualified elector in the last preceding election. Section Seven: No sale of Beer or V-!ine shall be. made to minors, Section Eight: Any person violating any of the provisions of this Ordinance shall up- on conviction thereof before the Police Judpe be deemed guilty of a misdemeanor, and shall be fined in any sum not less than Ten Dollars nor more than One ifundred Dollars for each violation. Section Nine. I.t is not the purpose of this Ordinance to repeal any Ordinance. now in force and effect prohibiting the manufacture or sale of any liquor except as in this Ordinance defined, and each clause and Section is declared to he separate and inde- nendont within its self. Section Ten; Whereas, on account of depressed conditions, collection of revenues for the support of the general revenue fund of the City of Favettevi.11e, Arkansas, being wholly insufficient to meet the needs of said City, an emergency is hereby declared to exist, and this Ordinance shall take effect and be in force from and after its passage, approval and publication. Apnrovad this 24th day of August, 1933. J. F. Stanford, Mayor Pro Tem. Attest This 24th day of August, 1933. Otoe Phillips, City Clerk. Published in Fayetteville Daily Democrat August25th, 1933. By motion of Alderman SR-•dPrs, seconded by Alderman Carter, and duly passed by the Council, the Mayor declared the Council adjourned. � z i Attest: ulty ugevrk. Approved: _ mayger Fro TlaFr