Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1895-03-08
CHURCH ENTERTAINMENTS TAXABLE.

WHERE FOOD is SOLD, IF HELD IN A
CITY, TOWN OR VILLAGE, OR WITHIN
FIVE MILES OF ONE.
For some moths the ladies OF the church
of United Brethren in Christ, have been
giving on each court day, at No. 1O7 South
Augusta street, a dinner, the proceeds OF
which were for the benefit of their church.
On last court day, Monday, Feb. 18th.
they gave one as usual, whereupon the fol-
lowing correspondence took place:
Feb 18th, 1895.
THOMAS j. CRowDER, ESQ.,,
Commissioner of the Revenue,
| ~. STAUNToN, VA.
| Dear Sir Il desire to call your attention to
the fact that certain persons propose to give
what is termed "Court Day Dinner" at No.
10Y South Augusta street, without the pay
ment of the necessary license. In justice to
those who are engaged in the same line of
business and who pay the necessary license
all the year round, I ask that you take the
necessary steps to see that the law is compli-
ed with.
When dinners of this kind have been held
only occasionally, there has been no DISPOSE
ton to raise any objection, but the matter
has passed that stage and it has gotten to be a
regular business, to the great detriment Of
those who pay for the same privilege.
hope you will give this matter prompt at
tention.
Very truly yours,
(Signed by Five Restaurateurs).
This was sent, with the accompanying
note, to
HON. A. g. GORDON,
City Attorney,
Staunton, Va.
Dear Sir The above communication has
been handed me by Capt. Crowder.
Will you, as City Attorney, kindly give me
your opinion as to the right of parties to give
"Court Day Dinner" without paying for
license SO to do.
Respectfully,
ALEX. II. FULTz.
Mayor.
STAUNTON, VA. Feb. 9th, 1895.
To this Mr.. Gordon makes the following
reply:
STANTON, VA, Feb. 9th, 1896:
Hon. A. II. FULTz,
Mayor of Staunton
Dear Sir In reply to your communication
of the 9th inst, inclosing for my opinion, a
letter from certain citizens addressed to the
Commissioner of the Revenue and complain
ing that certain persons propose to give
what is termed Court Day Dinner at 107
South Augusta street without payment of the
necessary license, would say that:
Section 6S of ''an act to provide for the as
sessment of taxes on persons, property and
incomes, and on licenses to transact bust
ness" sc. Approved March 9th, 1890. (Acts
1SSe-s0, page 22s) in defining ''what consti-
tutes private entertainments" provides that,
9"Any person who shall furnish for COM
pensation, lodging or diet to travellers or So
journers, or boarders in his house or proven
der for the horse feeding in his stable or on
his land, except drove of live stock and per-
sons attending the same, within five miles of
any city. town or village, shall be deemed to
keep house of private entertainment, unless
he be an ordinary keeper VI keeper of a
boarding house," &C., and
Section Sc of the Tax ordinance of the City
of Staunton for the fiscal year ending April
3Oth, 1895, provides:
"On every such license to a person or firm
to keep house Of private entertainment, the
specific tax shall be forty dollars except
where the annual rental value does not ex-
coed 5000, the tax shall be fifteen dollars, and
an additional tax of five per centum on the
annual rent OF value of the buildings and
said land
am therefore of opinion that "Court Day
Dinners at 1O7 South Augusta street. if the
same be for compensation, fall within the de-
e oF kI,o1 oxry 70 u1af NnnctitutaC
private entertainment and that persons
conducting such business are subject to the
tax imposed by the City Council in its tax Or
dinance aforesaid.
Respectfully, A. z. GORDON,