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HomeMy Public PortalAbout19610419CCMeetingMr. Wilkerson's letter of March 20, 1961 mentioned the work "Betterment" and it was decided that this should be defined more clearly. The Mayor informed Council that he had made arrangements with several property owners to purchase surplus sand and that the Town had several locations from which surplus sand could he taken, a total of approximately 211,000 yards of sand.to be used for fill and if this was agreeable with Council he would want to be authorized to remove some sand from several portions of the beach, that by furnishing this amount the Town could accept the agreement of the State Highway Department for re- imbursement on constructi n cost in exchange for 211,000 yards of sand. It was moved, seconded and passed that the Mayor be authorized to enter into this agreement with the State Highway Department. Councilman Lovell moved that the Mayor be authorized to used the Town forces where necessary to relocate the water mains on Butler Avenue, which was seconded and passed. The Mayor asked if it was agreeable to start work now. Councilman Powers moved that the Mayor be authorized to start the work now which was seconded and passed. There being no further business, Council adjourned, subject to the dell of the Mayor. Mayor Savannah Beach, Tybee Island, Georgia April 19, 1961. The regular meeting of Town Council was held today at 3 P.M..in the Council Room in the Town Hall and was attended by Mayor Brown, Who presided, and Councilman Peters, Hosti, Waters, Lovell, Meddin, Town Attorney Solms, Jr.,Supt. Reed, Chief McCutchen, Michael Gannam, David Elmore, Mr. & Mrs. Harry Schleuning, Mr. & Mrs. Matthew Doyle, Gordon Miller, R. H. Thompson and Miss Rose Phillips. Mr. Thompson, speaking for the Chamber of Commerce, requested that Council appropriate the cost of erecting and maintaining two billboards advertising the beach, one to the north and one to the south of Savannah, the cost would be $45.00 per month for each billboard for a five months period as furnished by Turner Advertising Agency. Mr. Miller suggested that instead of having Turner do it that the Town erect and maintain them. Mr. Miller also stated that he was also requesting $500.00 for the current year for the Chamber of Commerce. They were excused. Councilman Hosti moved that the Town have two signs 14 x 80 feet erected by the Turner Advertising Agency which was seconded and passed. Mr. Gannam, representing Mr. & Mrs, Schleuning,was ehallenging what they .contend is an encroachment on the allowable space between property lines, that Mr. Doyle had a building permit issued in November, 1959 to enlarge two rooms . Mr. Schleuning stated that later on after the work was started that it was ascertained that the Dcyle'e were building.too close to the property line. Mr. Schleuning complained to the building inspector who assured them that it was all right as the job would be open landings which remained open through 1960. Later on when they came back to the island they found that the platforms had been closed in. They rotested again to the building inspector who informed them that the work would have to be taken down. The building inspector sent a letter dated March S, 1961 to Mrs. Sohleuning that he would not permit W. Doyle to enclose the parches and the work was dtopped. Mr. Gannem requested that the encroachment be removed and that the Ordinance be complied with. Mr. Garman presented several pictures showing the encroachment. Mr. Solms statedtthat he knew of no provision to make a person tear down property. Mr. Gannam stated that if a solution could be arrived at towards leaving it as a platform and open. Mr. Solms asked if Doyle plans to use it as a room — Garniam said definitely. Mr. Elmore asked Mr. Reed would he have issued a building permit, Mr. Reed stated that he would as the building permit simply authorizes the property owner to clothe work subject to the inspection of the building inspector and that the work could have been done in four or five hours. Mr. Elmore asked Mr. Reed if Mr. Doyle had created a fire hazard at this location, Mr. Reed stated he could not answer that correctly as to the fire hazard. Mr. Elmore also asked if Mr. Doyle was violating any Town. Ordinance and Mr. Reed stated not to screen in a porch. The Mayor informed the group that Council would take the matter under advisement, they were excused and the matter was referred to the Town Attorney. The Mayor called attention to the bad condition of the building owned by Edgar R. Morrison, located on Lot 12, Sec. A, Ward 3 and stated that it should be repaired or condemned. It was moved, seconded and passed that the Town condemn it. The Mayor 3hformed Council that he had a letter from Mr. Wilkerson of the State Highway Department, dated April 12, 1961, regarding the relocation of mains on Butler Avenue and that the State Highway Department had agreed to allow an estimated $362533.00 and that it will be necessary to employ more labor and also a foreman. Councilman Meddin asked if the men could be gotten locally and Mr. Reed stated that he was not sure. The Mayor stated that he would ask the County Commissioners for some extra prisoners. Councilman Hosti called attention to ocean water coming over the seawall in the area of Tilton Avenue, that it had washed down part of the sand dike which was placed there and that nothing could be done until the dike is rebuilt. It would be necessary to condemn one piece of property and one vacant lot and he • would like for the work to start right away. Councilman Lovell suggested putting in a tide gate where the drain comes dutaof Fort Screven. Councilman Hosti stated that this would not do away with sea water coming over the seawall, what he wanted to do was to stop the high spring tides from coming over the seawall at that point. Mr. Reed stated that it had washed considerable sand back on to the street. Councilman Lovell stated that the First Street groin should be finished first as this would have a tendency to cause the beach to build up and this should be done instead of condemning property. The Mayor asked Mr. Reed when he could get on this groin and he stated that it would be-during May and the matter was referred to Councilmen Lovell, Hosti and Superintendent to handle. Chief McCutchen reported that the new 10 inch storm sewer which was placed in the park drains it off very well. The Mayor wanted to know if the soft ball point larity will hold up. Councilman Waters stated that it would and that a playoff is schaluled on July 4th if arrangements can be made, Chief McCutchen informed Council that the Police Department had received a safety award from the State Director of Public Safety and also that the parking meters were being installed. ��y 5 l Mayor Brown informed Council that the new fire alarm system phone calls will be at #2 and 85 and also in the homes of E.J. Fahey, Perry Solomon III and S. R. Bent. It was estimated the cost of same would be about $32.00 per month for service. The Mayor asked the Chief if he had anythng new on the various robberies and also what about the vandalism which had taken place in Memorial Park and the Chief stated that he had had no reports on this. A letter was read from Mr. John Sognier, County Attorney, complimenting Mr. Solms on the efficient way in the handling of obtaining rights -of -way and slope easements and other necessary work in connection with the State Highway Department. Mr. Solms asked what footage the highway required in connection with the property of Mrs. Vesta Welch, the Mayor stated it was a smell strip but he was not sure and re- ferred the matter to Mr. Solms to handle. The matter was discussed as to setting up a new system of operation in the clerks office. Councilman Lovell suggested that it be ascertained what the cost would be first. Mr. Solms suggested that another drive for collection of delinquent taxes be started. Mr. Solms wanted to know if a building could be erected on the ocean front on a let 40 x 200 feet'in size. The building code does not permit this. The Mayor suggested that a 60 foot wide drive be acquired along the ocean front from 11th to 14th Street; condemn necessary property to do this. Councilman Hosti requested that some of the employees salaries be increased as With conditions as they are today they should be given pay increases. He presented a lieu of employees whose salaries, were to be raised and the Mayor stated that he did not feel that the Town could pay the full amount of the increase and suggested that they be paid one -half of the proposed increase, effective May 1, 1961 and after May 1st then they could give a five per cent increase on the overall pay. Councilman Waters moved that this be done which was seconded and passed. Councilman Waters stated that recently at the bus station, cars were coming out of 16th Street and Atlantic Avenue which were one way streets, going east and that the parking in front of the Post Office on Inlet Avenue was creating a traffic situation. The Mayor asked what about parking at Seay's. It was pointed out that a portion of the Seay property went to a point at the intersection of Inlet Avenue and Butler Avenue. The matter was referred to Councilmen Hosti, Waters and Chef McCutchen to handle. Councilman Waters stated that he was thinking of putting on a foot patrolman in the commercial area. The Mayor stated that what is needed is one good detective in civilian clothes to patrol the bars. Councilman Lovell stated that the bars should patrol their own places. Chief MoCutchen asked when he would be permitted to put on a night man for the radio at police headquarters. The Mayor stated that he should be put on. Chief MoCutchen stated that the police cars were putting in about 1500 miles per week, his men feel that the Town is trying to drop a man so they stay on the road in the car. Bills for General Government for the month of March amounting to $4043.86 and for the Water Department amounting to $958.90 were on motion made, seconded and passed for payment. " Councilman Hosti requested that at least $400.00 be authorized to purchase tires and tubes for several departments in connection with some of the new work coming up it will he nedessary to purchase a "Mud Hog" for $545.70 and also parts for one of the grass 58 x cutters as needed amounting to $445.00 and moved that these be purchased, which was seconded and passed. Councilman Hosti moved that one -half of the cost of the assessment on the improve- ments for 1960 on property of Homer L & Louise Collins be refunded and that the petition of Mr. & Mrs. Marion C. Lain for a reduction °in the assessment on their improvements be denied. The motion was seconded and passed. The Mayor requested that 1961 taxes on property of Don Oliver, that the improvements be reduced by $1000.00, It was moved, seconded and passed that the request be granted. The Mayor requested that the electrical and plumbing codes be amended to eliminate r requirements that these contractors of 8hatham County could do work in the Town by presenting the efficiency card which they had received from the City of Savannah or Chatham:County. Councilman Hosti stated that he would not agree to this now until the City of Savannah, Chatham County and the Town are in agreement. The Mayor stated that it should be amended now. Councilman Hosti stated that the matter should be under a central board. The Mayor informed Council that he had granted -Mrs. E.W. Lozey permission to operate the stand in Memorial Park provided she would pay the license to do so. A petition was presented by E.C. Bobo of the Waves Motel and one from E.C. Bodo and Bessie Morgan, ope ating the Beach Realty Company, requesting permission to place two 3448 billboard signs on Lot 21,.Fort Ward on property owned by them. E.C.Bobo of the Waves Motel also presented a petition requesting permission to erect a ]1x28 foot bilboard sign on property owned by J. W. Rentiers & A.P.Solomon III on First Street. It was moved, seconded and passed that permission be granted to place the two signs on Lot 21, Fort Ward for a period of a year beginning April 19, 1961 and that these signs must be fifty (50) feet or more from the highway. Also that as to the sign on the property of Rentiers & Solomon III on First Street that petition be denied. It was moved, seconded and passed that a license fee of $25.00 be charged to rent cabannas on the beach. A letter was read from Mr. Chas L. Stewart whose home is located North of First Street between Butler Avenue and First'Avenue, requesting that something be done to eliminate the large body of water that settles in this section after heavy rains and during northeasters *tth spring tides. He wanted to do some painting and re- novating to his cottage but at the present time during these periods of large'bodies of water being in this area it was impossible for him to get to his cottage and re- quested that the Town make an effort to relieve this condition. 1 1 AN ORDINANCE AN ORDINANCE TO PROVIDE FOR THE RATE OF LICENSE TAXES FOR DOING BUSINESS AND SELLING IN THE TOWN OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, FOR THE FISCAL YEAR BEGINNING MAY 1, 1961, AND ENDING APRIL 30, 1962; FIXING PENALTIES FOR THE VIOLATION THEREOF; AND FOR OTHER PURPOSES. SECTION I: Be it ordained by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, in Council assembled, and it is hereby ordained by the authority of the same, that license taxes for doing business and selling in the Town of Savannah Beach, Tybee Island, for the fiscal year beginning on May 1, 1961, and ending on April 30, 1962, shall be payable by each person, firm or corporation transacting or offering to transact any of the kinds of businesses hereinafter specified and scheduled, or practising or offering to practise any of the professions or callings hereinafter specified or scheduled, whether in connection with any other business, profession or calling or not, and shall pay the license tax hereinafter prescribed on or before engaging in or practising such profession or calling: "A" (1) Amusement arcade of 40 machines - Each machine over 40, per machine - $ 500.00" 10.00 (2) Candy apples, bananas, cotton candy, and similar confections - 25.OG- (3) Repair and /or sale of antiques - 10.O0,, (4) Sale, installation or manufacture of awnings (wood, metal or cloth); boat sails - 25.00 (5) Apartments, rooming houses, hotels, tourist courts, motels in which 4 or more units are rented to transient guests, $3.00 per rental, unit, with minimum license for 4 to 8 units - nB n (6) Rental of boats or bateaus - (7) Bath house, 50 per room for rent, minimum - (8) Pitch ball game - (9) Bowling alley or shuffle -board machine, license per unit (10) Bingo game, minimum license for seating 50 or less additional license over 50 seats, $2.00 per seat (11) Bicycle rental - 25.00 15.00 50.00 25.00 25.00 150.00 5.00 -2- (12) Balloons or novelties on street - (13) Sale of beach and sportswear - (14) Beer (wholesale only) (15) Beer (retail) or giving away - (16) Bakery shop (retail) - (17) Bakery products (wholesale only) (18) Building supplies, paint & /or hardware (retail) - (19) Barber Shop & /or Beauty Shop - (20) Laying bricks & /or concrete blocks - (21) Billiard parlor or poolroom, per table, $15.00; minimum (22) Professional Bondsman - Rent Cabanas on Beach Rent Chairs, umbrellas on beach (25) Confectionery, including right to sell ice cream, sherbet and similar products, sandwiches, crackers and novelties - (26) General building contractor (not including electrical work or plumbing) - 25.00 25.00 25.00 125.00 25.00 25.00 50.00 25.00 25.00 50.00 100.00 $25000 $25.00 40.00 50.00 (27) Manufacture of concrete blocks, slabs or similar products - 50.00 110 D 11 (28) Operating a dragline for hire - 25.00 (29) Public dance hall, employing an orchestra - 100.00 (30) Dancing on premises of public place, without an orchestra - 50.00 (31) Soft drinks, exclusively or in connection with other business - 15.00 (32) Sale and delivery of soft drinks, etc - 25.00 Wholesale or retail delivery to unlicensed dealers, add'1 $25.00 (33) Dairy products - 25.00 i -3- (34) Drug Store - (35) Dry goods & /or notions in conjunction with grocery (36) Department Store - (37) Children's individual riding devices indoors , each - nE (38) Delivery of eggs from milk truck - (39) Electric Light and Power Company - (40) Electrical equipment, parts & supplies (41) Electrical contractor - 25.00 10.00 250.00 10.00 10.00 500.00 25.00 50.00 (42) Ice cream & /or iced sweets under the trade name "Frozen Cus- tard" or similar trade names - 25.00 . (43) Soda Fountain, including sandwiches, crackers, novelties Additional $25.00 for patent medicines (44) Sale and delivery of vegetables & /or fruit from vehicles , as 50.00 c from a truck or stand - 50.00 (45) Floor sanding and floor finishing - 25.00 G« (46) Electric bingo game, per table - (47) Grocery or provision store - (48) Sale of Groceries from trucks (see classification It si) 5.00 75.00 (49) Sale and delivery of gasoline, oil - 50.00 If trucks sell retail except fuel oil, additional $25.00 (50) Automobile repair and storage garage -. 50.00 (51) Car lubrication and greasing, tire change & /or repair, auto washing - 15.00 (52) Gasoline, each pump - 10.00 (53) Miniature Golf Course - 25.00 -4- uH ee (54) Hotel or rooming house (see Classification "Af1) (55) Hardware & /or paint with other business - 25.00 (56) Sale and delivery of Ice Cream or similar products to stands or stores - 25.00 (57) Handling insecticides or engaged in the business of spraying - or termiting - (58) Insulating business - (59) Ice delivery or sale - "Jet 25.00 25.00 25.00 (60) Purchasing, acquiring or otherwise trading for salvage and junk within the municipal limits - 100.00 ttL tt Lean Movers, Small motorized egn4pment, repairing & selling $25.00 -1-atzu vliirii Ln7C5 CIL Z ±VQLLiLJ for use in the waters along the beaches, provided all requirements are met in compliance with provisions of license ordinances per- taining thereto enacted for the fiscal year 1954- 1955, which provi- sions are hereby enacted by reference thereto - 25.00 (63) Laundry soliciting and delivery by truck, each - 15.00 (64) Transfer from one person to another or from one location to another of any license for the sale of intoxicating liquors and beer, provided no transfer is authorized without approval of Council - (65) Operation of a Tifa spray machine for insecticides, for which a charge is made, per machine - (66) Each automatic music machine - (67) Soliciting, selling and delivering meats and groceries, except regular licensed merchants of Savannah Beach - 50.00 5.00 35.00 15.00 (68) Sale of meats for consumption off the premises 40.00 1 1 -5- (69) Bulldozer or similar machine for hire or use to haul, grade, or for other purposes; (issuance of license shall not prevent making charges for use of the equipment) - (70) 16 mm moving picture machine as additional entertainment for guests or patrons - (71) Cigarette vending machine which dispenses packages of cigarettes upon deposit of coins, each - (72) Novelty pinball machine costing 1 per play, winners getting free games only - (73) Novelty pinball machine costing 5 per play, winners getting free games only - (74) Each 1c gum- vending machine - (75) Each 5 vending machine (candy, gum, peanuts, etc.) (76) Novelties (see classification "B ") (77) Sale, installation & /or repair of Neon signs otp" 50.00 10.00 5.00 15.00 50.00 2.50 5.00 25.00 (78) Photograph gallery, each machine or camera - 25.00 (79) Commercial photographer taking pictures in night clubs or hotels, each location - (80) Sale and processing of film - (81) Soliciting and delivery of peanuts, peanut butter sandwiches & /or potato chips, to stands and stores (wholesale) - (82) Sale of peanuts or popcorn from truck or stand, each item - (83) Operation of moving picture theatre (84) Painting contractor - (85) Sign painting - (86) Plumbing contractor - (87) Distributor of liquid gas or petroleum gas (88) Miniature pool table for use of which a charge is made, per table - 25.00 15.00 15.00 25.00 25.00 25.00 10.00 75.00 75.00 15.00 -6- (89) Automobile parking space for hire - 100.00 "R tt (90) Rooming house (see classification "A ") (91) Rifle Range or Shooting Gallery - (92) Operation of riding devices, each device - (93) Restaurant - (94) Phonograph Records - (95) Repair of radios and television, parts for same (96) Manufacture & /or sale of rubber mats (97) Roofing contractor - "S« (98) Sandwiches (wholesale distribution of) - (99) Skating rink - (100) "Skee Ball" or similar game - (101) Souvenir or gift stand - (102) "Snowballs" (see classification "A ") (103) Repair of shoes and other footwear - (104) Fish and other seafood, wholesale & /or retail (105) Siding business (106) Coin- operated scales , each scale - «T« (107) Sale of Tea from trucks (see classification (108) Telegraph Company - (109) Telephone Company - (110) Tailor Shop, Laundry, Pressing Club (111) Taxicab business - C u) 50.00 50.00 75.00 5.00 15.00 25.00 25.00 25.00 50.00 25.00 25.00 10.00 25.00 25.00 2.50 10.00 500.00 25.00 -r, 1 -7- (112) Laying ceramic tile, asphalt tile & /or inlaid tile or any other floor covering materials - 25.00 (113) Possession of coin- operated telescope for use of which a charge is made - 10.00 Upholsterer, repairing furniture, etc 111. :c/ VV QLLLGD CA VL uv gay aaaa 16.a (115) Wrecker and towing service for any purpose 25.00 (116) Wrecker and towing service in conjunction with garage,, within city limits - 10.00 (117) Manufacture of food products (wholesale only) - 50.00 SECTION II: Any person, firm or corporation engaged in doing business under such license shall also be required to report to the Clerk of Council of Savannah Beach, the name and address of each and every person from whom salvage or junk is purchased, and said report shall further indentify the article purchased as junk or salvage. The said report to the Clerk of Council of this municipality shall be made within twenty -four (24) hours after the completion of said trade, purchase or acquisition of said junk or salvage. SECTION III: In the event any business or calling not specifically mentioned in the above list set forth shall be established in the Town of Savannah Beach, Tybee Island, Georgia, the Mayor and Councilmen reserve the right to establish a license fee for same by ordinance, which fee is to be of equal dignity as the license specifically mentioned in the above section, . provided, however, that such license shall not be more than the sum of Seven Hundred Fifty ($750.00) Dollars SECTION IV: This ordinance shall be subject to alteration or repeal in whole or in part at any time during the fiscal year beginning May 1, 1961, should it be deemed advisable, and no such amendment or repeal shall be construed to impair the right of Council to assess or levy tax for the whole of such year whenever made. SECTION V: Any person, firm or corporation owning or operating any riding devices, or passenger vehicles for hire, before being issued a license therefor, shall deposit with the Clerk of Council a policy of insurance against personal injury and property damage, with a receipt showing that the premium thereon has been paid for the length of time covered by the license, in such company and in such amount as may be approved by the Mayor and Councilmen for the benefit of any person or persons who may be killed or injured or sustain damage to property by reason of operation thereof. SECTION V -a: In lieu of such policy of insurance, any person, firm or corporation owning or operating passenger vehicles for hire, before being issued a license therefor, shall deposit with the Clerk of Council- a Surety Bond in the amount -8- of Five Thousand ($5,000.00) Dollars for each vehicle operated by said person, firm or corporation, signed by surety company acceptable to the Mayor and Councilmen of Savannah Beach, said Bond guaranteeing the payment of any loss or damage sustained by any person or persons by reason of the operation of such vehicle, the exact form of such bond to be approved by the Mayor and Councilmen of Savannah Beach. SECTION V -b: In lieu of such policy of insurance and /or such Surety Bond, any person, firm or corporation owning or operating a passenger vehicle for hire, before being issued a license therefor, shall deposit with the Clerk of Council a Real Estate Bond in the amount of Five Thousand ($5,000.00) Dollars for each vehicle operated by said person, firm or corporation, signed by an owner of real estate who holds merchantable fee simple title, to the same and acceptable to the Mayor and Councilmen of Savannah Beach, . said Bond guaranteeing the payment of any loss or damage sustained by any person or persons by reason of the operation of such vehicle, the exact form of such Bond to be approved by the Mayor and Councilmen of Savannah Beach. If said Real Estate Bond is approved by the Mayor and Councilmen, the appli- cant for license shall pay the fee for recording of said Bond in the. Clerk's office of the Superior Court of Chatham County, Georgia. SECTION VI: The Mayor and Councilmen reserve the right to refuse to issue to anyone any licenses for any purposes for reasons sufficient to them. SECTION VII: Any person procuring a license on or after November 1, 1961, shall pay one -half of the fee therefor set forth in this ardinance. SECTION VIII: Any person, firm or corporation violating any of the provisions of Section I of this ordinance shall, upon conviction before the Mayor's Court of said Town, be sub.ject to be, fined in the sum of not more than One Hundred ($100.00) Dollars or be imprisoned not more than thirty (30) days, either or both, or any portion of either or both, in the discretion of the Court. SECTION ]X: All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed. 1 1 -9- AN ORDINANCE TO PROVIDE FOR THE TAXATION OF REAL AND PERSONAL PROPERTY IN T': E TOWN OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, FOR THE FISCAL YEAR COMMENCING MAY 1, 1961, AND ENDING APRIL 30, 1962 AND FROM YEAR TO YEAR UNTIL REPEALED; AND FOR OTHER PURPOSES. SECTION I: Be it ordained by the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, Georgia, in council assembled, and it is hereby ordained by the authority of the same, that the rate of taxation upon real estate and personal property within the limits of said Town of Savannah Beach, Tybee Island, Georgia, for the fiscal year commencing May 1, 1961, shall be TWO AND TWENTY -TWO HUNDREDTHS (2.22A/) percent upon the assessed or returned value of same, the value of real estate improvements to be ascertained from the returns of the Committee on Assessments of said Mayor and Councilmen, and the valuation of personal property to be ascertained from the returns of the owners thereof, in pursuance of the scheme and plan contained in Section I, II, III and W of the Ordinance to provide for the assessment of taxable property in the Town of Savannah Beach, Tybee Island', Georgia, and the mode of valuing such property for taxation and to carry into effect the provisions of the Act of the General Assembly of the State of Georgia, approved August 19; 1922, Section 21, passed by Council assembled October 13., 1922; and it is further ordained that if any person or persons shall refuse to pay the taxes hereinaboVe set forth,' within thirty (30). days after same shall become due', the Clerk of 'Council; as Ex- Officio Treasurer of the Town, shall issue execution therefor, and the further sum of One ($1.00) Dollar for costs, and the Chief of Police" and Ex- Officio Tax Collector shall proceed with such execution in the same manner as now provided by law in such cases of execution lodged with the Sheriff of Chatham County. SECTION II: Any tax upon real property assessed and due shall be payable in semi - annual payments; the first half being due and payable on or before May 1st of each year; the second half . shall be due and payable on or before November 1st of each year In the event that any tax is not paid when the same' is payable, the outstanding amount shall be immediately executed,' the fee for execution being $1.00, and in addition thereto an interest charge, of one -half of one percent per . month shall be assessed.` The provisions of this Section shall not apply to licenses for doing business in said Town, said licenses being covered under separate ordinance. The provisions of this Section shall apply, however, to those persons or companies required by the provisions of Section 92 -5902 of the Code of Georgia to make returns to the Comptroller General of Georgia . . SECTION III: This ordinance shall continue in effect for each and every fiscal year hereafter unless and until repealed or changed= by ordinance. SECTION IV: All ordinances or parts of ordinances conflicting with the pro- visions of this ordinance are hereby repealed; provided, however, that so much and such parts of ordinances passed, as provide for the execution of tax assess- ments, or part thereof, shall continue and remain in force so as to authorize the Clerk of Council and Ex- Officio Treasurer to issue executions, and the Chief of Police and Ex- Officio Tax Collector to collect same until said taxes or assess- ments shall be fully paid. -10- AN ORDINANCE AN ORDINANCE TO ASSESS AND LEVY A LICENSE TAX, UPON RETAIL DEALERS ENGAGED IN THE BUSINESS OF SELLING MALT BEVERAGES, WINE OR SPIRITUOUS LIQUORS; TO PROVIDE FOR THE COLLECTION OF SAID LICENSE TAX; TO PROVIDE FOR THE INSPECTION OF RECORDS AND BOOKS, BOTH WHOLESALE AND RETAIL DEALERS ENGAGED IN THE BUSI- NESS OF SELLING MALT BEVERAGES, WINE AND SPIRITUOUS LIQUORS; TO FIX PENALTIES FOR THE VIOLATION; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of Savannah Beach, Tybee Island, in Council assembled, and it is hereby enacted by the authority aforesaid, as follows: SECTION In addition to all other tax or license fees heretofore or hereafter ,imposed upon retail dealers engaged in Savannah Beach, Tybee Island, Georgia, in the business of selling malt beverages, wine or _spirituous liquors as defined under the laws of Georgia,, there is imposed and levied upon all such retail dealers within the town of Savannah Beach, Tybee Island, a license tax for the privilege of doing such business in the town of Savannah Beach, Tybee Island, to be computed and collected as hereinafter set forth. The term. "retail dealers" shall include clubs and similar organizations. SECTION I1.: The amount of the license tax imposed by this ordinance on such dealers shall be computed on the following - basis: (a) 20 per case on bottled malt beverages where containers exceed 7 ounces, and 12 per case where containers contain 7 ounces or less. (b) $1.25 per 1/2 barrel of 15 -1/2 gallons on draught _beer, proportionately in larger and smaller quantities. (c) 15 per quart on 1/5 gallon; 8 per pint or 1.10 gallon; and 4 per 1/2 pint or smaller, on spirituous liquors. (d) 60 per case on wine. (e) The aforesaid quantity license taxes shall be 50% of the amounts stated on all such legal alcoholic beverages manufactured or produced in Georgia using all Georgia products in the production or manufacture of such beverages. The term "case" as applied to wine shall mean a carton or other container containing 24 'bottles of pint size or smaller, or 12 bottles of quart size, or 1/5 size. Fractional parts of cases or barrels, kegs , or drums, or any other size or type containers, shall be computed proportionately. 1 1 1 SECTION III: (a) The license' tax imposed herein on malt beverages and wines shall be computable and payable monthly; - (b) Each wholesale dealer or distributor selling, shipping or delivering- - malt beverages or wines to any retail .dealer in the town of Savannah Beach, Tybee Island, whether delivered to the retail dealer's place of business in Savannah Beach, or elsewhere for re-sale in Savannah .Beach, shall as a condition to the privilege of carrying on said business in Savannah Beach: 1. Keep true and correct records of all sales, - shipments or deliveries of such malt beverages or wines to each retail dealer in Savannah Beach, such records to be preserved for a period of one year and to be made .available on request for the-inspection of any duly authorized representative of the town of Savannah Beach; 2. Collect from• each such retail dealer in Savannah Beach and add on each invoice at the time of delivery of the malt beverages and wines the amount of license tax due under the terms of this ordinance and hold the same in trust for the town of Savannah Beach, Tybee Island, until such amount is remitted to the town of Savannah Beach as next provided; 3.- On or before the tenth day of each calendar month wake a verified return to the town of Savannah Beach, Tybee Island, for the :monies . collected from retail dealers for the month immediately preceding said report. Said return shall be accompanied by remittance to Savannah Beach, Tybee Island, for all license taxes collected. SECTION IV: If any wholesale dealer or distributor fails or _refuses to, make the returns herein provided for, the town of Savannah Beach, ,Tybee Island, shall notify said party in writing, and if the returns are not made- and the license taxes remitted within five (5) days from date of said notice, the town. of Savannah Beach, Tybee Island, may withdraw from said wholesale dealer or distributor the privilege of doing business in Savannah Beach by revoking his license. On such failure to make returns the pay the license taxes accrued, the .town of . Savannah Beach shall proceed to assess the amount of taxes due under this ordinance from retail dealers who have purchased from such wholesale dealer or. distributor, from the best information available and proceed to collect 'said license taxes as provided by ordinance for the collection of delinquent license taxes. SECTION V: Each wholesale dealer in spirituous liquor (which shall include all alcoholic beverages excepting beer and wined shall keep 51 -A and 51 -B records available for inspection at all times by duly: authorized .agents and /or representatives of the town of Savannah Beach, Tybee Island., Such records shall show the amount and quantity of each , item sold by:. each wholesaler, to each retailer and said wholesaler shall collect at the time of the delivery to said retailer the license tax imposed under this ordinance. SECTION VI: It shall be a violation of this ordinance for any person, firm or corporation to sell at retail within the town of Savannah Beach, Tybee Island, any malt beverages, wines or spirituous liquors on which the license :.,.taxes_ ._ herein provided for have not been paid to the wholesale dealer or distributor for the town of Savannah Beach. -12- SECTION VII: It shall be unlawful and a violation of this ordinance for any wholesale dealer or distributor, person, firm or corporation, to deliver any malt beverages, wines or spirituous . liquors . to any ret all dealer in the town of Savannah Beach without first collecting the license taxes. SECTION VIII: It shall be unlawful for any person, firm, or corporation engaged in the sale as a retail dealer of alcoholic, vinous or malt beverages to have in his possession any of such beverages unless the tax required by the town of Savannah Beach shall first have been paid to the wholesaler, distributor or other source delivering or causing said beverages to be deli- vered to said retail dealer and whenever any such beverages -are found in possession of a retail dealer where records of the payment of said tax shall not appear upon the records of the wholesale liquor dealer to the town of Savannah Beach, it will be presumed that said tax has not been paid and the burden' shall be upon the'retailer- to prove said fact. SECTION IX: Any person, firm or corpor ation engaged in the distribu- tion by wholesale- of any of the beverages-mentioned in said ordinance which shall willfully violate the . same shall be subject to revocation of their license to do business within the .corporate- limits of the town of Savannah Beach, and all liquor found in the possession_' of any retail establishment in the town of Savannah Beach which has not paid said tax or reported same under said ordinance shall be subject to confiscation by the municipal autho- rities of the town of Savannah Beach .in addition to the other penalties set forth in said ordinance and sold by the Chief of .. Police - and Ex- Officio Tax Collector, and the receipts thereof paid to the Clerk of Council and Ex- Officio Treasurer SECTION X: Any retailer violating the provisions of this ordinance shall in addition to the penalties hereinabove set forth be : subject to revocation of this license to do business in said town as provided in other ordinances of the town-of Savannah Beach, Tybee Island. SECTION XI: The effective date of this ordinance is May 1, 1961. . SECTION XII: Any person, firm or corporation- violating any of the provisions of this ordinance, or who shall assist any retail dealer in malt beverages, wines or spirituous liquors in the town of Savannah Beach to evade or avoid the payment of the license taxes herein provided for shall be guilty of a violation of this ordinance and, on conviction thereof in the Mayor's Court of said town shall be fine note more than One Hundred ($100.00) Dol- lars or sentenced to imprisonment for not more than thirty (30) days, or both punishments to be inflicted in the discretion of the Recorder. SECTION XIII: -All ordinances or parts of ordinances in conflict' with this ordinance are hereby repealed.