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HomeMy WebLinkAboutORDINANCE 136-530 ORDINANCE NO./ AN ORDINANCE CONCERNING REVENUE AND IMPOSING AN OCCUPATIONAL TAX UPON THOSE ENGAGED IN THE SALE OF MA.LT,VINOUS AND SPIRITUOUS LIQUORS AT RETAIL AND TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXATION. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1.Definitions:As used words and phrases shall have the following meanings,respectively: (a)“Malt Liquors”shall include beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt,hops or any other similar products or any combination thereof in water,containing more than 3.2 per cent of alcohol by weight. (b)“Vinous Liquors”shall include wine and fortified wines not exceeding 21 per cent of alcohol by volume and shall be construed to mean alcoholic beverage obtained by the fermentation of the natural sugar contents of fruits or other agricultural produce containing sugar. Cc)“Spirituous Liquors”shall be construed to mean any alcoholic beverage obtained by distillation,mixed with water and other substances in solution,and includes among other things brandy,rum,whiskey,gin and every liquid or solid patented or not,containing alcohol and which are fit for use for beverage purposes.Any liquid or solid containing beer or wine in combination with any other liquor except as above provided shall not be construed to be malt or vinous liquors,but shall be construed to be spirituous liquor. Cd)“3.2 Beer”Malt Liquor as herein defined containing not more than 3.2 per cent of alcohol by weight. Ce)“Medicinal Liquors.”Any liquor sold by a duly licensed pharmacist or drug store solely on a bona fide doctor’s prescription. (f)The Word “person”used in this ordinance shall include persons,partnerships,associations,organizations, or corporations. (g)“Operator”means a person licensed by law to sell malt,vinous,or spirituous liquors,other than medicinal liquors,for beverage purposes at retail and who is engaged at any time during the calendar year in such operation in the Town of Estes Park,Colorado. Section 2.Classification:The business of selling at retail, any 3.2 per cent beer,malt,vinous or spirituous liquor other than -1— C. medicinal liquors,for beverage purposes is hereby defined and separately classifed as such occupation for the purpose of this ordinance as follows: Class “A”Operators:All operators who are licensed to sell beer,wine and spirituous liquors for consumption on the premises as hotels or restaurants shall be Class “A”Operators. Class “B”Operators:All operators licensed to sell malt,or vinous liquors only by the drink for con sumption on the premises shall be Class “B”Operators. Class “C”Operators:All operators licensed as retail stores to sell in original containers,malt vinous or spirituous liquors for consumption off the premises shall be Class “C”Operators. Class “D”Operators:All operators licensed as Drug Stores to sell malt,vinous,or spirituous liquors in original containers for consumption off the premises shall be Class “ID”Operators. Class “E”Operators:All operators licensed to sell malt,vinous,or spirituous liquors as clubs are Class “E”operators. Class “F”Operators:All operators licensed to sell only 3.2 per cent beer either by the drink for consumption on the premises or in the original containers shall be Class “F”Operators. Section 3.Declaration of Policy and Purpose:The Board of Trustees hereby finds,determines and declares that considering the nature of the business of selling at retail 3.2 per cent beer,malt, vinous,or spirituous for beverage purposes,and the relation of such business to the welfare,as well as the relation thereof to the expenditures required by the Town and a proper,just and equitable distribution of tax burdens within the Town,and all other matters properto be considered in relation thereto,that the classification of said business as a separate occupation is reasonable,proper,uniform, and nondiscriminatory and that the amount of tax imposed by this ordinance be reasonable,proper,uniform,and nondiscriminatory and necessary for a just and proper distribution of tax burdens with the -2— C> Town of Estes Park,Colorado. Section f,There is hereby levied and assessed for the year 1951f and for each year thereafter an annu.a].occupation tax upon the business of selling 3.2 per cent beer,malt,vinous or spirituous liquors,except medicinal liquors,in the Town of Estes Park, Colorado,as said occupations have been herein classified as follows: For all Class “A”Operators the sum of For all Class “B”Operators the sum of For all Class “C”Operators the sum of ./c14 --°-.$ For all Class “D”Operators the sum of .Ja P.$ For all Class “E”Operators the sum of .5’.ôc ?•$ For all Class “F”Operators the sum of •/.OQ ä,$ Section 5.Such tax shall be due and payable to the Treasurer of the Town of Estes Park,Colorado,on January 1st of each year and shall be delinquent on February 1st of the same year. Prepayment of said tax may be made in the month of December preceding the due date. Upon receipt of such tax it shall be the duty of the Town Clerk of the Town to execute and deliver to the operator paying the tax,Revenue Receipt showing the name of the operator paying the tax,the date of payment,the annual period for which the tax is paid,and the place at which the operator conducts business. The operator shall,at all times,during said year,keep the said receipt posted in a conspicuous place in his place of business. The tax is assessed for the calendar year,or any portion thereof,and no pro—ration shall be made where the license is obtained or used for only a portion of a year;and no refund shall be made to any person who discontinues said business during the year.Interest shall accrue on all delinquent taxes herein provided for from the day of delinquency until paid or collected,at the rate of one per cent per month. —3— 0 Section 6.No delinquency in payment of the tax herein provided for shall be grounds for suspension or revocation of any license granted to any such operator by any licensing authority pursuant to the statutes enacted by the General Assembly of Colorado, and in the performance of any duties imposed upon the Board of Trustee of the Town as a licensing authority by said statutes,the Board of Trustees shall exclude from consideration any delinquency in payment of the tax herein provided for. Section 7.The Town of Estes Park,Colorado,shall have the right to recover all sums due by the terms of this ordinance, by judgment and execution thereon in a civil action,in any Court of competent jurisdiction;such remedy shall be cumulative with all other remedies provided herein for the enforcement of this ordinance. Section 8.Failure to comply with the terms of this ordinance by payment of taxes,securing and posting a receipt there— for,and to otherwise comply with the terms of this ordinance,shall constitute an offense and violation of this ordinance.Every person violating this ordinance shall be fined not more than 43OO.OO for each offense,and delinquency for each calendar month shall constitute a separate offense,but no conviction for such a violation shall work as a revocation of the licenses of the defendant issued under the laws of the State of Colorado. section 9.Safety Clause.The Board of Trustees of the Town hereby finds,determines and declares that this ordinance is necessary for the immediate preservation of the public peace,health, safety and general welfare of the Town and its inhabitants. Section 10.Emergency:In the opinion of the Board of Trustees of the Town an emergency exists;therefore,this ordinance -If- Q shall take effect and be in force from and after its passage and publication as required by law. Approved,passed and adopted this __________ day of ___________, 1953. pprove : Attest:4 -5—