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Last Updated Wednesday, March 5, 2014
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ORDINANCE NO. 2014-04
AN ORDINANCE AMENDING §3A-73 OF DIVISION 2, LICENSE, OF ARTICLE I,
ALCOHOLIC BEVERAGE CONTROL OF CHAPTER 3A, ALCOHOLIC
BEVERAGESOF THE CODE OF ORDINANCES OF THE CITY OF FAYETTE
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF FAYETTE, ALABAMA, as follows:
SECTION 1. That Section 3A-73 of Division 2, License, of Article I, Alcoholic Beverage Control of Chapter 3A,
Alcoholic Beverages of the Code of Ordinances of the City of Fayette, be and the same is hereby stricken in its entirety
and the following substituted therefor, viz:
“§ 3A-73. Application for lounge, club, restaurant, etc., license; deposit.
Each applicant seeking the consent and approval of the City Council for lounge
retail liquor license, a club retail liquor
license, a restaurant retail liquor license or other license issued by the state alcoholic beverage control board shall make
application to the City Council as required in this article. Said application shall be upon an appropriate form supplied by
the City Clerk, or duly authorized representative, and shall be signed and verified by oath or affirmation by the licensee, if
a natural person, or in the case of a partnership, association or unincorporated enterprise, by a partner, limited liability
company (LLC) or managing member thereof, or in the case of a corporation, by an executive officer thereof. The
applicant shall deposit with the City Clerk the required application fee that includes the background check with the
Alabama Bureau of Investigation and the amount of publication costs to be incurred hereunder upon filing the application.
Each application must be accompanied by a copy of all forms and required documents previously submitted to the
Alabama Alcoholic Beverage Control Board requesting approval by said board for the license being sought including the
background checks conducted by the Alabama Bureau of Investigation (ABI) and the Federal Bureau of Investigation
(FBI). In no case will the City of Fayette accept and/or consider any application without all required documentation of
such prior application with the Alabama Alcoholic Beverage Control Board except that the City Council may consider an
application and grant an alcohol license without the said FBI background check to an applicant who: (1) possesses a
current alcohol license in the State of Alabama; or, (2) to an applicant whose ABI background check provides sufficient
information about the applicant and the ABI background check does not contain items or raise questions about his or her
character, reputation or criminal record that would be addressed by the FBI background check.
The City Council, in its discretion, may wait until receipt of the FBI
background check before considering whether to
grant an alcohol license to an applicant.
If an alcohol license is granted to an applicant without the FBI background
check, the City Council reserves the right to
revoke the said license upon receipt of the FBI background check should the Council determine in its discretion that the
license should be revoked due to matters revealed in the said background check. An alcohol license granted to an applicant
without the FBI background check shall be made subject to the Council's right to revoke. Also, the applicant must present
the FBI background to the City within twelve months of the grant of the license. If the applicant does not present the said
FBI background check to the City within twelve months then the applicant's alcohol license may be revoked.
SECTION 2. This Ordinance shall become effective upon its publication.
ADOPTED on this 25th day of February, 2014.
s/Ray Nelson, Mayor
Attest: s/Dawn Clapp, City Clerk
ORDINANCE NO. 2014-03
AN ORDINANCE AMENDING §8-23 - COLLECTION CHARGES OFARTICLE II, GARBAGE AND
GARBAGE COLLECTION OF CHAPTER 8,GARBAGE, WEEDS AND LITTER; AND,
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF FAYETTE, ALABAMA, as follows:
SECTION 1. That Section 8-23 - Collection Charges, of Article II, Garbage and Garbage
Collection of Chapter 8,
Garbage, Weeds and Litter of the Code of Ordinances for the City of Fayette be, and the same is hereby amended by
adding the following paragraph:
"§ 8-23. Collection Charges:
e. A residential unit may request an additional container for residential refuse
and the charge for the additional
container shall be Ten and no/100 Dollars ($10.00) per month."
SECTION 2. This ordinance shall be effective upon publication.
Adopted this the 25th day of February, 2014.
/s/Ray Nelson, Mayor
ATTEST: /s/ Dawn Clapp, City Clerk
STATE OF ALABAMA FAYETTE COUNTY
BEFORE THE CITY COUNCIL OF THE CITY OF FAYETTE, ALABAMA
NOTICE OF PUBLIC HEARING
WHEREAS Missy's Taste of Home, LLC, has filed an application requesting that the City
Council of the City of Fayette
grant it a license to sell alcoholic beverages at the following location:
Missy's Taste of Home - 135 Temple Avenue N - Fayette, Alabama 35555
The type of license requested is: Restaurant - Retail Liquor
The application shall be considered by the City Council at its meeting on the
11th day of March, 2014, at 5:00 o'clock
p.m., at Fayette City Hall, at same time and place all persons have the right and are invited to be present and to be heard
either for or against the application.
This the 5th day of March, 2014.
Dawn Clapp - City Clerk of the City of Fayette
A bill to be entitled an act
Relating to Fayette County; to authorize the county commission to levy a one
percent sales and use tax; to provide for
collection of the tax and the distribution of the proceeds; and to provide that the tax shall automatically terminate unless
continued by the electors of Fayette County at a referendum on the subject.
Be it enacted by the legislature of alabama:
Section 1. This act shall only apply to Fayette County.
Section 2. As used in this act, “state sales tax” means the tax imposed by the state sales and use tax statutes, including,
but not limited to, Sections 40-23-1, 40-23-2, 40-23-3 and 40-23-4, Code of Alabama 1975.
Section 3. (a) In addition to all other authorized taxes, the Fayette County Commission
is authorized to levy a one
percent sales and use tax in the county on the gross receipts of each business.
(b) The gross receipts of any business and the gross proceeds of all sales which
are presently exempt under the state sales
and use tax statutes are exempt from the tax authorized by this act. Notwithstanding the foregoing, the amount authorized
to be levied pursuant to this act shall not be levied against the sale of automobiles, farm machinery, boats, and machinery
used for manufacturing, which are exempt from the provisions of this act.
( c ) The tax herein authorized, if levied, shall automatically terminate on
October 31, 2017, unless continued pursuant to a
majority vote of the electors voting at a referendum on the first Tuesday in October 2017, for that purpose.
Section 4. The tax shall be collected by the State Department of Revenue or the county
commission or other entity
which the county commission has contracted with to collect the taxes at the same time and in the same manner as state
sales taxes are collected. On or prior to the date the tax is due, each persons subject to the tax shall file with the department
or other entity a report in the form prescribed by the department. The report shall set forth, with respect to all sales and
business transactions that are required to be used as a measure of the tax levied, items of information pertinent to the tax as
the department may require. Any persons subject to the tax authorized by this act may defer reporting credit sales until
after their collection, and in the event the persons defers reporting them, the person shall thereafter include in each
monthly report all credit collections made during the preceding month, and shall pay the tax due at the time of filing the
report. All reports filed with the department or other entity under this section shall be available for inspection by the
county commission, or its designee.
Section 5. Each person engaging or continuing in a business subject to the tax authorized
by this act shall add to the
sales price or admission fee and collect from the purchaser or the persons paying the admission fee the amount due by the
taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to
the sales price or admission fee and to collect from the purchaser or person paying the admission fee the amount required
to be added to the sale or admission price. It shall be unlawful for any persons subject to the tax levied by this act to refund
or offer to refund all or any part of any amount collected or to absorb or advertise directly or indirectly the absorption or
refund of any portion of the tax.
Section 6. The tax authorized by this act shall constitute a debt due Fayette County. The
tax, together with any interest
and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is
required to collect the tax. The department or other entity shall collect the tax, enforce this act, and have and exercise all
rights and remedies that the state or the department has for collection of the state sales tax. The department or other entity
may employ special counsel as is necessary to enforce collection of the tax authorized by this act and to enforce this act.
Section 7. All provisions of the state sales tax statutes with respect to the payment,
assessment, and collection of the
state sales tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules
and regulations with respect to the state sales tax, and the administration and enforcement of the state sales tax statutes
which are not inconsistent with this act shall apply to the tax authorized under this act. The State Commissioner of
Revenue and the department or other entity shall have and exercise the same powers, duties, and obligations with respect
to this tax that are imposed on the commissioner and department by the state sales tax statutes. All provisions of the state
sales tax statutes that are made applicable by this act, and to the administration and enforcement of this act, are
incorporated by reference and made a part of this act as if fully set forth herein.
Section 8. The department or other entity shall charge Fayette County for collecting any
tax authorized under this act in
an amount or percentage of total collections as may be agreed upon by the commissioner or the entity and the Fayette
County Commission. The charge shall not exceed five percent of the total amount of the tax collected in the county or an
amount as otherwise provided in the contract. The charge may be deducted each month from the gross revenues from the
tax before certification of the amount of the proceeds due for that month. The Commissioner of Revenue or other entity
shall pay into the State Treasury all amounts collected under the authority of this act, as received by the department or
entity on or before the first day of each successive month. The commissioner or entity shall certify to the state Comptroller
the amount collected and paid into the State Treasury or otherwise for the benefit of Fayette County during the month
immediately preceding the certification. The state Comptroller shall issue a warrant each month payable or the entity shall
remit monthly or as otherwise agreed upon to the County Treasurer of Fayette County in an amount equal to the certified
amount which shall be paid into the county general fund to be used as follows:
(1) Forty percent (40%) to the Fayette County Hospital Board, Inc.
(2) Forty percent (40%) to the Fayette County Board of Education.
(3) Twenty percent (20%) to the county commission to be used only for debt
reduction or matching of state and federal
Section 9. This act shall remain operative only through October 31, 2017, after which date
the act is repealed unless its
continuation is approved by a majority of the qualified electors of the county at a referendum held on the first Tuesday in
October 2017. The following language shall be included on the ballot: “Do you authorize the continuation of the one
percent sales and use tax authorized by Act 2014-____?
Yes ( ) No ( ).”
The Fayette County Hospital Board, Inc., shall pay 40 percent of the costs of
the election, the Fayette County Board of
Education shall pay 40 percent of the costs of the election, and the Fayette County Commission shall pay 20 percent of the
costs of the election. If a majority of the votes cast in the election are “Yes,” the act shall remain operative. If the majority
of the votes are “No,” Act 2014-____ shall be repealed and shall have no further effect. The Judge of Probate of Fayette
County shall certify the results of the election to the Secretary of State.
Section 10. This act shall become effective immediately following its passage and approval
by the Governor, or its
otherwise becoming law.