Page 1 - veo VA DAEPEATSO EY GADINANCE NO. 1799 ORDINANCE NO. __//577 _ AM ORDINANCE LEVYING AN ADDITIONAL TAX ~ z° ON BREWED OR MALT LIQUGR ___ BE IT ORDAINED BY THE CITY COUNCIL oF THE CITY OF PRICHARD, ALABAMA, ag follows: SECTION 1: This Ordinance shall not have the effect of altering or repealing in any vise any ordinance of the City of Prichard now in effect, but shall be in addition to and cumulative of all such ordinances. SECTION 2: When used in this ordinance the term pergon' 4 1 7 1 2 0 209 677 1332 57 -1 5 1 7 1 2 1 209 680 100 20 92.914848 means 5 1 7 1 2 2 329 677 61 25 95.826172 and 5 1 7 1 2 3 410 678 157 29 95.806694 includes 5 1 7 1 2 4 590 688 98 26 96.675560 every 5 1 7 1 2 5 707 685 139 26 96.415009 natural 5 1 7 1 2 6 869 693 133 28 96.480232 person, 5 1 7 1 2 7 1027 691 95 34 42.608814 firm, 5 1 7 1 2 8 1146 696 236 37 39.353600 association, 5 1 7 1 2 9 1404 706 137 28 36.103310 corpor- 4 1 7 1 3 0 210 706 1427 64 -1 5 1 7 1 3 1 210 706 114 36 96.456558 ation, 5 1 7 1 3 2 350 709 96 35 96.696419 club, 5 1 7 1 3 3 469 714 234 35 5.390511 partnership, 5 1 7 1 3 4 728 723 154 30 96.376205 company, 5 1 7 1 3 5 909 720 153 37 95.373749 trustee, 5 1 7 1 3 6 1086 732 135 29 96.225891 agency, 5 1 7 1 3 7 1246 730 58 25 96.912659 and 5 1 7 1 3 8 1325 737 59 27 96.239891 any 5 1 7 1 3 9 1403 735 101 26 96.239647 other 5 1 7 1 3 10 1521 738 116 32 95.389442 agent, 4 1 7 1 4 0 211 742 1312 56 -1 5 1 7 1 4 1 211 742 154 33 95.953362 servant, 5 1 7 1 4 2 389 744 157 32 96.688591 employee 5 1 7 1 4 3 568 754 39 19 96.355072 or 5 1 7 1 4 4 628 749 139 27 96.440926 officer 5 1 7 1 4 5 788 752 153 35 96.050545 thereof, 5 1 7 1 4 6 968 756 157 31 96.082436 singular 5 1 7 1 4 7 1145 766 40 20 96.452232 or 5 1 7 1 4 8 1205 761 134 37 86.740707 plurals 5 1 7 1 4 9 1365 763 57 30 95.724075 the 5 1 7 1 4 10 1443 769 80 27 95.229225 term 4 1 7 1 5 0 210 773 1351 56 -1 5 1 7 1 5 1 210 773 256 30 43.395432 distributor"® and seller shall mean and include any person, as the term person is herein defined who is regularly engaged -in. the . business of selling, distributing, delivering, storing or out of storage, malt or brewed beverages, as the vords brewed 5 1 7 1 8 12 1523 905 8 7 26.452148 * 4 1 7 1 9 0 204 908 1275 61 -1 5 1 7 1 9 1 204 908 80 26 96.135635 malt 5 1 7 1 9 2 307 908 196 35 95.621353 beverages are herein defined, within the County of Nobile; malt 5 1 7 1 10 2 324 949 40 20 95.619278 or 5 1 7 1 10 3 385 944 117 28 96.390465 brewed 5 1 7 1 10 4 525 947 196 34 72.829269 beverages means and includes any beer, lager beer, ale, porter, or similar fermented malt liquor containing one- half of one per centum or more of alcohol by volume, by whatever name the same may be Called; licensed 5 1 7 1 13 8 980 1059 177 26 79.061241 retailer shall mean and include every person, as the term person is defined herein, who has purchased and retains a retail license to sell brawed or malt beverages, as the term brewed 5 1 7 1 16 6 819 1159 39 20 95.877686 or 5 1 7 1 16 7 878 1155 80 26 95.534164 malt 5 1 7 1 16 8 978 1156 197 34 93.576065 beverages is defined herein, from the City of Prichard. SECTION 3: In addition to all other license and taxes now levied, collected or assessed by the City of Prichard, there is hereby levied and assessed against every person having in his possession (or control or upon premises in his possession or under his control) in the City of Prichard, Alabama, more than 288 fluid ounces of brewed or malt beverages a license tax in the amount equal to two cents (£00.02) on each twelve (12) fluid ounces or fractional part thereof. ‘ SECTION 4: Every person who has in his possession or control ‘ or hes upon premises in his possession or under his control more ' than 288 fluid ounces of brewed or malt beverages shall, immediately 4 upon entering the City of Prichard with sane, or immediately upon its delivery to him in the City of Prichard, or iumediately upon his discovery of the same in his possession or under his control or upon premises in his possession or under his control, declare the same before the City Clerk of the City of Prichard and pay the tax due hereunder t3 her, and her absence, declare the same with the Police Deaprtment of the City of Prichard and obtain from said Department a statement in writing acknowledging such detlaration, after which the tax due hereunder shall be paid during ‘the first day upon which the City Clerk's office shall be open for business, SECTION 5: This Ordinance shall not apply to acts or transactions which constitute interstate commerce, nor Shall any provision hereof apply to the United States of America or to its agencies or instrumentalities. SECTION 63 Possession by any person of legible, itemized, properly dated invoices from a distributor or seller of brewed or malt beverages, which such invoices reflect the address and name clearly of such distributor or seller, the address and name of the person, the quantity of brewed or malt beverages sold or delivered, the brand thered£, the quantity of each brand, the size and kind Tae maa menpmmer re Page 2 =2e, see MEN I ae of container of each brand, the date of purchase, the price, the brewery case nuxber and the fact that such distributor or 3 seller has added to the sale price thereof and paid to the City i of Prichard or is liable toe the City of Prichard in an amount equal t to two ($00.02) cents on seach twelve (12) fluid ounces or fraction ; thereof, shall be prima facie evidence of the fact that such person is not quilty of a violation of this Ordinances it being the intent of this Ordinance that a license tax of two ($00.02) cents on each twelve (12) fluid ounces of brewed or malt beverages in the possession or under the control of any ‘person-in the City of Prichard shall be paid or shall have been paid to the City of Prichard, and SECTION 7: Any person convicted of violating any of the rovisions of this Ordinance shall be quilty.of an offense against the City of Prichard, and shall be fined not more than Ohe Hundred Dollars ($100.00) and ‘¢ in the discretion of the Recorder of + the City of Prichard or Jidge trying the cause, in addition be sentenced to jail or hard“labor for the City’ of Prichard for a term of not to exceed six (6) months. are . SECTION 8: This ordinance shail become’ effective upon its adoption by the City Council. ADOPTED this the 7th day of April, 1969. _ : , APPROVED: . MAYOR ‘