Minutes 07/23/1968 - Laserfiche WebLink

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July 23. 1968 A statement was made by the Acting City Attorney, ~'n regard to Mr. Atwood~s letter. Motion of Mr. Eastes to consider the matter closed, was adopted, ~thout dissenting vote. 68-252 - The following letter from the City Attorney was read: "At its last meeting, the Ceuncil~eferred to me the question of whet~er the City could amend Section 19-10 of the City Code, which prohibits the sale of beer and wl'ne~on Sundays, so as to permit Drlvate clubs to sell beer and wine on Sunday. ~ Section 4-97 of the Code of Virginia authorizes the City to adopt an ordinance regulating the hours during which beer and wine may be sold on Sunday. Section 4-96 of the Code of Virginia provides that no City may adopt any ordinance regulating the sale, drinking or dispensing of alcoholic beverages other than that permitted in the Section referred to above. Therefore, the City Council is without any power whatsoever to provide an ex- ception ~or any private club or other establishment; the Council' 's sole authority is restricted~to the hours during which b~e~ and wine may be sold. For your further information, I wish to advise that this ordinance will also prohibit the sale ~f mixed drinks in the City of Portsmouth if the whiskey by the drink referendum is successful in Portsmouth, because the act authorizing the sale of whiskey by the drink expressly states that such will be subject to the same local restrictions imposed uDon the sale of beer and wine. Several years ago, Section 19~10 of the City Code was the subject of two referendums. At the next session of the legislature following these referendums the City charter was amended to prohibit such referendums within a period of two years of each other. The two year period has now expired, Therefore, the Council may proceed to repeal this ordinance, if it so desires, or the voters of this City may petition for its repeal and hereby necessitate tho holding of another referendum on this subject. The charter now requires that such a petition must be submitted by electors equal in number to at least 25% of those voting for governor in the last preceedin gubernatorial election. I have been advised hy the Clerk of the Court of Hustings that 11,954 persons voted for gove~nor in 1965. This means that such a petition must contain the signatures of at least 2,989 qualified voter of the City of Portsmouth. If such a referendum is to be placed on the ballot f6r t~e November general election the petition must be submitted to the City Council for action by September 24, 1968, since a period of thirty days must elapse before smch a referendum can be held. Therefore, it is my opinion that the City Council is without authority to grant exemptions or exceptions to privateclubs as regards to the sale of beer and wine on Sunday, and that if such is to be legally permitted, either the Council must repeal Section 19-10 of the City Code or the voters must vote for its repeal in ~n election at ~hich that ~uestion is submitted." Motion of Mr. Johnson to receive as information and that a ~y~ih~ sent to all clubs having made inquiry, was adopted, without dissenting vote. 68-253 - The following letter from Mayor James F. Hope, of Suffolk, was read: "Enclosed herewith is a certified copy of a resolution adopted by the Councilor the City of Suffolk at its regular meeting of July llth, 1968, which requests consideration by the Elizabeth River Tunnel Commission of a reduction in tolls charged students who attend Old Dominion College. The Council was unanimous in its action on this resolution, and respectfully petitions the support and cooperation of the Council of the City of Portsmouth in this effort. With best persomal regards, I am ~OLUT ION 'WHEREAS, many students of the City of Suffolk and other nearby communities necessarily use the Elizabeth River Tunnel System for traveling to and from ~ld Dominion College; and WHEREAS, these students are charged the same tolls as other persons using the said system, resulting in a financial burden upon them because of their fre~eent use of the said system; and WHEREAS, the Council is of the opinion that the tolls charged students who attend Old Dominion College shou] be reduced; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Suffolk that the Elizabeth River Tunnel ~ommission is hereby requested to reduce the tolls charge students who attend Old Dominion College, and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Elizabeth .River Tunnel Commission, the Mayors of the cities of Chesapeake and Portsmouth and the Chairman of the Board of Supervisors of Nansemond County. Adopted by the Council: July 11, 1968 A true copy teste: The Mayor was requested to acknm¢ledge Mayor Hope's letter. 68-254 - The following letter from Clinton O. Crawford was read: Henry C. Murdem (signed) ~ity Clerk' " "It is with regret that I tender my resignation as a member of the Planning Commission of the City of Portsmouth. I have enjoyed serving and hate to get out of touch. Our city has a great future. I hope the conflict of interest law will be changed so that open competitive bidding would no~ hinder a business man from serving his community." '