MINUTES 1951 - Laserfiche WebLink

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�.A Q)2S MR. HAMM, MR. HILL AND MR. TEBELL. NOES: NONE. a THE FOLLOWING OPINION FROM THE CITY ATTORNEY WAS PRESENTED: JUNE 29, 1951 MR. JAMES BOWEN, CITY MANAGER CITY HALL CHARLOTTESV 1 LLE, V 1 RG IN I A DEAR MR. BOWEN: IN A LETTER FROM MR. MAUPIN PENCE UNDER DATE OF JUNE 15, 19519 I NOTE THAT THE COUNCIL DESIRES AN OPINION AS TO „WHETHER RETAIL LICENSE TAX LOCAL; ON SALE OF ALCOHOLIC BEVERAGES CAN BE TRANSFERRED N NAME AT THE DISCRETION OF THE COUNCIL". AS I UNDERSTAND THE VIRGINIA ALCOHOL BEVERAGE CONTROL REGULATIONS A RETAILER IS NOT PERMITTED TO TRANSFER HIS LICENSE TO A SUCCESSOR IN BUSINESS. ALSO, ACCORDING TO THE PRESENT LICENSE TAX REGULATION OF THE CITY ON ALCOHOLIC BEVERAGES THE LICENSE IS NOT OPINION OF CITY ATTY. RE: TRANSFERRABLE. AS I UNDERSTAND THE PROBLEM, THE COUNCIL WISHES TO KNOW WHETHER OR NOT IT WOULD BE REFUND LICENSE TAX ON LEGALLY POSSIBLE TO ENACT A VALID ORDINANCE PER— SALE OF ALCOHOLIC BEVERAGES. TAINING TO LICENSE TAXES FOR THE SALE OF ALCOHOLIC BEVERAGES AND PERMIT SUCH LICENSES TO BE TRANSFERRED TO A SUCCESSOR IN BUSINESS. . PROVIDED THE SUCCESSOR IN BUSINESS IS ABLE TO QUALIFY HIMSELF FOR A LICENSE UNDER THE A. B. C. ACT, I CAN SEE NO VALID LEGAL REASON WHY THE CITY ORDINANCE COULD NOT BE WORDED IN SUCH A WAY AS TO ALLOW A TRANSFER OF THE CITY LICENSE OR A REBATE TO THE NAMED LICENSEE OF THE PRO—RATA PORTION OF THE UNEXPIRED TERM UNDER THE LICENSE. SUCH AN ORDINANCE SHOULD PERMIT THIS PROCEDURE AS A MATTER OF COMMON PRAC_T10E, PROVIDED THE PERSPECTIVE LICENSEE CAN QUALIFY IN ALL LEGAL RESPECTS. IT SHOULD NOT BE LEFT AS A MATTER OF DISCRETION WITH ANY REPRESENT— ATIVE OF THE CITY. VERY TRULY YOURS, JOHN S. BATTLE, JR. (SIGNED) JOHN S. BATTLE, JR. JSBJR:FH CITY ATTORNEY AFTER CONSIDERABLE DISCUSSION, IT WAS MOVED AND SECONDED THAT PETITIONER REFUSED THE PETITIONER REQUESTING REFUND OF LICENSE TAX FOR SALE OF REFUND — LAW DOES NOT ALCOHOLIC BEVERAGES, WHOSE PETITION WAS PRESENTED AT -TH E MEETING PROVIDE FOR SUCH REFUND OF JUNE 181, 19519 BE ADVISED THAT UNDER THE PRESENT LAIN THE COUNCIL HAS NO AUTHORITY TO MAKE ANY SUCH REBATE, WAS UNANIMOUSLY ADOPTED• A MOTION BY MR. HADEN, SECONDED BY MR. BARR, THAT THE DIRECTOR OF FINANCE BE AUTHORIZED TO PREPARE COST FIGURES FOR THE INSTALLATION DIR. OF FIN. AUTHORIZED TO PREPARE COST FIGURES OF A NEW SYSTEM OF ACCOUNTS IN THE WATER AND GAS DEPARTMENT AND TO FOR NEW SYSTEM IN WATER SUBMIT THE SAME TO THE COUNCIL AT THE EARLIEST POSSIBLE DATE, WAS $c GAS DEeARTMENT. UNANIMOUSLY ADOPTED. A COMMUNICATION FROM THE STATE HIGHWAY DEPARTMENT WITH RESPECT TO A RESOLUTION PASSED AT THE LAST REGULAR MEETING RELATIVE TO COMlvIUN 1 CAT 1 ON RE: ROUTE X250 DISTRIBUTION RD. THE ROUTE X250 DISTRIBUTION ROAD, WAS PRESENTED. THE COMMUNICATION STATED THAT FUNDS WERE NOT AVAILABLE AT THE PRESENT TIME FOR THE INITIAL CONSTRUCTION TO BE 401 IN WIDTH AND THAT PLANS WERE BEING PROCESSED FOR A 281 ROAD IN THE HOPE THAT FUNDS WOULD BE ON HAND TO WIDEN THE SAME TO THE REQUESTED 40' BY THE TIME ACTUAL CONSTRUCTION BEGAN. THE STATE HIGHWAY DEPARTMENT REQUESTED THAT THE COUNCIL ACT FAVORABLY ON THE PLANS WHEN SUBMITTED FOR APPROVAL* ON MOTION T E MEETING ADJOURNED. CLERK PRESIDENT