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HomeMy WebLinkAboutORD 58-KAN ORDINANCE. ,.AN�,-ORDINANCE -PRESCRIBING AND LEVYING CERTAIN. TAXES OR. LICENSE FEES; PROVIDING FOR. THE ISSUANCE OF PERMITS AND LICENSES FOR. PERSONS ENGAGED IN THE VARIOUS PHASES OF THE LIQUOR, TRAFFIC,; PRO-: HIBITIr1G .THE SALE .OF INTOXICATING LIQUOR 'WITHIN THREE ,HUNDRED (300) FEET OF ANY CHURCH; SCHOOL .OR EDUCATIONAL INSTITUTION; MAKING A VIOLATION .THEREOF -A MISDEMEANOR AND ,PRESCRIBING PENALTIES AND DECLAR- ING .AN EMERGENCY. BE IT ORDAINED BY THE .CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1. .That. under andby virtue. of authority granted .in. House.. Bill No.-- 77; -designated'as. 1Texa,s`Liq`uor-,:Control Act-," adopted by.,the forty-fourth legislature of the,State 'of -Te.xa's at' its second called session, there be and there are hereby 'prescribed and levied annual occupation taxes' or.:license, fee's upon. and there shall be collected from persons, .firms and ,corporations carrying on' business within the limits .of the City, of Beaumont as follows: (a) -From the' holder.-ol each Brewers-permit -as'de- fined and required by the 'terms• of the -above mentioned act of .thee, legislature domiciled 'in the City of'-Beaurn'ont and c.'arrying. on bus ness therein undersuch permit•, an annual tax or :fee 'of. five hundred_ and no/100 ($500._.O0)1,. dollars 'for 'e'a'ch'.such permit.- '(b) Frorn the' holder ' of ,each, ��Distillers Permit" as defined and required, by -the terms of. such act.,domiciled,ift­.the City. of Beaumont:and, carrying.-on •business:therein under such permit,' an annual tax or fee .-of five" hundred• and' no/100. ($500.00) dollars for ..each such. permit. (c). -From the holder of each ."Winery -Permit" as. de- fined and. required" by the- terms .,of such act. domiciled in the -City of Beaumont and carrying. on business therein under such' permit an annual tax or fee of twenty-five and no/100 ($25.00) dollars for each such .permit. Provided, however; -there is not included. herein nor covered hereby the holder. of •'a C lass B. -Winery Permit as defined in such act. (For Class B. Vllinery Permit the sum .of five and no/100 ($5.00)•, dollars per annum for 'each'•.such.permit.) . rL-4-1' (d) From the holder of each "Rectifiers Permit" as defined and required by the terms of such act,domiciled in the City of Beaumont,, and carrying on business therein under such permit an annual tax or fee of five hundred and no/100 (��500. 00) dollars for each such permit. (e) From the holder of each "INholesalers t Permit" as defined and required_ by the terms of such act, domiciled in the Cit;T of Beaumont and carrying on business therein under such permit, an annual tax or fee of six hundred and. twenty-five (-P625.00) dollars for each such permit. (f) From the holder of each `Beer and ,-.ine ;Vholesalers f Permit" as defined and required by the terms of such act, domiciled in the City of Beaumont and carrying on business therein under such permit an annual tax or fee of fifty and. no/100 (,50.00) dollars for each such permit. (g) Fror�ri the holder of each "Package Store Permit" as defined• and required by the terms of such act, domiciled in the City of Beauizont and carrying on business therein under such permit, an annual tax or fee of eighty-seven and 50100 (~'87.50) dollars. Pro- vided that the annual tax or fee from the holder of a. Package Store Permit to sell eine only shall be six and 25100 (;,?6.25) dollars for each permit. (h) From the holder of each "Iagentsl Per-liiit", as de- fined and required by the terms of such act, domiciled in the City of Beaumont, and acting as agent or salesman for the sale of or solicit- ing orders, ac defined in said act, an annual tax or fee of two and 50/100 (y'-2.50) dollars for- eaci2 such �Derrait. (i) From the holder of each "Ind.ustrial 0ermit" , as de- fined and required by the terms of the above mentioned act S the legislature, domiciled in the City of Beaumont, and carrying on busi- ness t ierein under such p errnit, an annual ta7 or fee of five and no/100 (,,5. 00) dollars for each such permit. (j) Froin the holder of eacii "Carriersi Permit, as de- fined and required. by the terns of such act, domiciled in the City of Beaumont, and carryinf; on business therein under such 1:)ermit, an annual tax or fee of two and 50/100 (5;2.50) dollars for each such permit. .4 (k) From the holder of each "Private Carriers' Permit", as defined and required by the terms of such act, domiciled. in the City of Beaumont, and carrying on business therein under such permit, an annual tax or fee of two and 50/100 ($2.50) dollars for each such permit. (1) From the holder of each ."Local Cartage Permit", as defined and required by the terms of such act, domiciled in the City of Beaumont, and carrying on business therein under such -permit, an annual tax of two and 50/100 (,;x2.50) dollars for each such permit. (m) From the holder .of each "Storage Permit", as de- fined. and required by the terms of such act, domiciled in the City of Beaumont, and corrying on business therein under such permit, an annual tax of twenty-five and no/100 (,,,.P25:00) dollars for each such permit. (n) From the holder of each 'Druggists' or Pharmacistsi Permit", as defined and required by the terms of such act, d.omicile'a in the City of Beau -Mont, and carrying on business therein, under such permit, an annual tax or fee of eighty,:= -seven and 50100 ( $87.50) ' dollars for each such permit. (o) From the holder of each "Wine and Beer Retailers' Permit",, as defined_ and required by the terms of such act, domiciled in the City of Bea.uiriont, and_ .carrying on business therein under 'such permit, an annual tax or fee of fifteen and no/100 (('15.0,0) dollars for each such -oermi.t. Section 2. All taxes or fee prescribed_ by Section 1 hereof shall be paid in advance for one (1) year, unless such tax or fee be collected for only a portion of the year. In such event, the fee required shall cover the period of time from the date of the permit to midnight of August 31st next .succeeding and only the proportionate part of the fee or tax levied for such permit shall be collected. The fractional part of any month remaining shall be counted as one month in calculating the fee that shall 'be due.' Section 3. Upon the payment of the applicable tax or fee herein -prescribed to the Tax Assessor and Collector and exhibition to him of a permit .-.duly ' is sued by the S tate of .Texas to the applicant .or person ,,.paying such tax or fee, 'the :Tax Assessor and Collector shall in -'the name of the City 'of Beaumont issue, and. deliver to such applicant or' person a permit to engage in business in t11_e'C.ity--of Beaumont of the -'character,,d.escr•ibe-d in a"nd' authorized by the permit from the State of Texas held by such, applicant or person and the permit so issued in the name of the City. of Beaumont, shall authorize the conduct of such busi- ness usi-ness upon the. premises, described inthe the permit from the State of Texas and shall remain in force only so long as such permit from, the State of Texas remains in force. Section 4. It shall be , unlawful for any person to' sell, offer for sale or possess liquor for the purpose. of -sal'e in any establishment or pi ce" of business within, three hundred (3001 feet of any church, school or, -other educationinstitution within.'the corporate. limits of the City -of Beaumont, the measurement to be along the property lines � of -the street fronts and.from front door to, front door and in a direct, line across -intersections where they _occu.r. -Section -5: - Any .p.er son, ..fi-rm, 'or, corporation who shall fai 1 • to pay any tax or fee prescribed -'.in Section 1' hereof and secure a permit as - pre scribed s-prescribed 'in Section_. 2 hereof before engaging in any business for .which the payment of any such :fee and securing of any such permit is ,required by the terms of this ordinance, or who shall engage, in any such business without hol.ding.an..unrevoked 'or unexpired permit from the City of Beaumont authorizing the same shall be -deemed guilty of a misdemeanor and, I -upon -.convict ion shall be puniibhed'by fine in any amount not' exceeding two hundred. ($200.00),.dollars. Section 6. ,Any person. who shall violate any of the: -provisions of --Secti.on No.. 4 of -this ordinance -shall be .deemed guilty of. a misdemean- or and upon c onvic.tion shall be punished. by a ,fine' in any amount not to exceed two hundred (200.00) dollars. -The fact that the State of- Texas has. issued numerous, licenses authorizing'certain persons, firms and corporations to carry on liquor business. within the' City.. of Beaumont, and the further fact No Text UOYLVIAI 0626T �CI'v `TT.-adV go lup uq:i auk. `sTuq -uo quoumuag To SgT0 au4 go uoTssTM -Ta00 AqTD auq JO 9400 9nTquMaTjj-6 u -s lq CI3SSjTci ejoaaeq aSus"sud au4 aegje pae uzoaj lla4uTpauuuT. GAT409JJa auzooag TTBLIs aouauTpao sTu4 pua papuadsus lgaaeq sT 9Tna plus pue 9 joaaGLjq aSussud TuuT,I eq4 aaojoq slap IaaaAas agaiq uo puaa eq saauauTp -ao 4auq aTna au4 go uoTsuedsns eil4 -0utaTnb9a lauaSaauza oTTgnd queaS B saquaao "joaaau $ uoT0.092 UT pegTaosap squaucgsTTqu4s9 aeau saao4s aonbTT DuTquaedo suosaad o4 aoueuTpao plus aapun sasuaoTT jo aouunssT au4 o4 goadsea .ggTM pasnJuoo eau _qaaTO &qTD puu a0400TTo0 xu,Z auk. JoaaaTTq uosaaa lg qutlq gouj GLIq pua egriqu4s a4ugS acjq go suiaaq au4 oq mao juo o q ou scop aonb T T SuT 4a o Txo qu T go alas auk. BuT.Iloaquoo aouuuTpao quasoad auq qug4 go-ej eus N ° ano o o lai4 aaailla suoT409saaquT ssoaou OUT -E- qoaaTp UT pua aoop gUOaj o4 aoop quoaj moaj puB squoaj 49aa4s auq jO sauTT &4aadoad ailq SuoTu aq oq squeivaansuauz auk. `TaqTdsou oTTgnd ao Toouos oTTgnd -6iloanuo Su -e go qGe j (OOS) peap -unu aaau4 uTu4T sT aeluap luu go sseuTsnq go aoBTd ao quemilsTIqu4sa auk. eaaum `aonbTT BuT4uoTxo4uT luu aTBs go asodand atjq aoj ssassod ao `aTps aoj aojjo 9ITas oq uosaad luu aoj InjiAuTun eq a-4juaaau TT -ails 4I : s.&oTTOJ su puaa 04 su os papuemu ST lgoaau amus auk. pun `eq `g26'T •Q' a `aagmeoaj go lup ugLT auq uo quouznuag JO lgTD eT q go uoTssT=o0 AgTD auq lq passad joaaeu ojqusaad au4 uT pagTaosep aouuuTpao uv go :i uoTqoaS quill : S r10Us Vag g0 7 -IID ais do Noissimoo IIID aHZ A.S CcaxIVCE210 II aa NST ONIu'IDaCI amv SaISZi maj ONISIHDS -HHcT CINV I30KTVaH51CISIUd V JOH-JEEHI NOIZFTZOIA V ORDIVIi f.90IIIISI199I gVH0ISVDl1CIH UO. gOOHDS `HDai1HD 7,JIV dO . mad (OOg) CIaICIN.nH as alli NIHSI,NI aofi is ONIZvD -IXOZNI do 5IIVS HHS ONIII9IH08d : DIdavus HolibIZ HHZ J0 SHMd 9110I11VA HHS NI ClaDVONH SNOSURa UOd SHSNUI7 C[XV SSIIkUHJ 90 HONT1SSI 'HHZ UOJ ONICIIAOUa sada RSNaoiq Ho SMS NIvlaao ONI_UTI CINV OKI -9I11DSHHd RoxvNICIHO Niiu CIRTSISN9 926T 'CI' V `11H9 NHDHCI d0 7LVCI -HILT HHZ ATO QRSSVCI a0KVNICL110 Nil do v ' NOISD9-S ONICIN3TN HOMICIuo xv claglIZNa R0NV9ICI,IO Uv - PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 4 OF AN OR - COUNTY OF JEFFERSON DINANCE PASSED ON THE 17TH DAY OF DECEMBER, A. D. 1935 ENTITLED "AN ORDINANCE PRE- SCRIBING AND LEVYING• CER- TAIN TAXES OR LICENSE FEES; PROVIDING FOR -THE ISSUANCE _ 0P PERMITS -AND- LICENSES FOR _ -- - — -_ - ----- `.`--- --��. - -- -' I'PERSON9 ENGAGEDINTHE VA_ !RIOUS PHASES OF THE LIQUOR Before me, the � undersigned authority, personally appeared TRAFFIC; PROHIBITING THE I (SALE OF INTOXICATING LIQUOR WITHIN THREE HUNDRED (300) lar h. Petru FEET OF ANY CHURCH, SCHOOL Y OR EDUCATIONAL INSTITUTION; MAKING A VIOLATION THEREOF A MISDEMEANOR AND PRESCRIB- ING PENALTIES AND DECLARING :AN EMERGENCY." who, being by. me duly sworn, says that the f o re g o 1 n g and BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Ordinance amending ordinance regulating That Section 4 of an ordinance described in the preamble hereof attached liquor dealers passed by the City Commission of the. City of Beaumont on the 17th- day 7thday of December, A. D. 1935, be, and the same hereby is amended so as was published oi:l the following dates: to read as follows:SECTION 4. It'shall'h'ereafter be unlawful for any person to sell, offer for sale, or possess for the purpose of sale any intoxicating liquor, where the es - April 12th, 13th, and 14th -A.D., 193 9 Ftablishment or place of business of any dealer is within three hundred (300) feet of any church, public school or -public hospital, the measurements_to be along the prop - in the BEAUMONT Journalerty lines of the street fronts and a daily newspaper from front door to front door and in direct line across intersections where they occur. The fact that the present ordi- printed and published at Beaumont, Jefferson County Texas. nance controlling the sale of in- toxicating liquor does not conform TEv A c to the terms of - the State statute A�NT�I1t�.7 and the fact that by reason thereof CY - cl of C1T`I CLERS resp the Tax 'Collector City Clerk are confused with res tthe issuance of licenses under :said or- dinance to persons 'operating liquor s'tares near ostalilishments:.desc`ribed in Section .4 hereof, creates a great 3Advertising j lanager public emergency requiring the sus - PR 19asse pension of the rule that ordinances be read on three several days be - P• More the final passage thereof, and l said rule is hereby suspended and 7 j $��OI�,�3 14 1 da this ordinance shall become effec- 9 LD , I and sworn to before me, this the 14th tive immediately from and after y the passage hereof. PASSED by an affirmative vote of the City Commission of -,the City of April of Beaumont,on this, the 4th day A. D. 193 _ 9 of April, A. D. 1939. R. A. Coale Mayor 1_62, = e NOTARY PUBLIC in and for Jefferson County Texas The State of Texas, County of Jefferson Before nae, the undersigned anthority, "on "this cLa� ic�;fie7ay;&?...-.F�: •'• .�2 ...........known to ane, who being by nae duly sworn, on his oath., de- Roses and says that he is the. ....�" .�? '4:�-'�.. o f tlae BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and foregoing was published in said newspaper, such publication being on the following dates:.....�t.- ............ .....�;..2l ........... fl D. 19 �'�� ,211W a newspaper copy of which is hereto attached. Sworn to and svIscribed before ane, dais.: �..:�: lay of..�I:......W. D. 19. Notaxy--�Parblic, Jefferson C01111"tv,: Texas.