Minutes 06/22/1965 - Laserfiche WebLink

Home Browse Search

19 June 22nd, 1965 by ~he following: Motion of ~{r. Johnson to approve the ordinance~on se~cond reading was adopted, and Ayes: Smith, Barnes, Bastes, Johnson, Knight, Lear% Nays: Dillon 6S-16S - The petition for the orivilege of selling beer and wine on-Sundays, which presented at the last regular meeting of Council war taken up and read: "We, the undersigned, qualified electors of this city, respectfully petition your honorable Body to cause to be submitted to a vote, the following auestion:. Shall an ordinance be enacted to amend Section 19-10 of the Code of the City of Portsmouth, Virginia, 1961, TO ALLOW ~tE SALE OF BEER AND W.I~E O~ SUNDAYS BEn,TEEN THE HOURS OF 6:00 A.M. A~/D MIp~IGHT, said amended" ' .... ks follows: ., section to read ......... 'It shall be unlawful for any person to sell, or for any person holding A license from the Alcoholic Beverage Control Board of Virginia to oermit to be sold at his olace of business, between the hours of 12:00 Midnight of each Saturday and 6:00 A.M. ~f each Sunday, any beer or wine as defined by the Alcoholic Beverage Control Act. ~is section shall not affect the sale of beer and wine on passenger trains or steam vessels while operating in interstate com_merce.' 'Any person who shall violate the provisions of this section shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by confinement in jail not exceeding one month, either or both.' Petitioners' reasons for adootion of said amendatory ordinance are as follows: The City of Portsmouth is surrounded by other political subdivisions w~rich permit sale of beer and wine on Sundays. A large number of the restaurants and other businesses selling beer and wine on week days lose their customers on Sundays because these products are available elsewhere. Also, many citizens of the City of Portsmouth travel out of the City on Sundays to ~urchase beer and wine for off premises consumption or to eat their ~unday dinners at restaurants which ~re oermitted to serve beer and wine. The resulting economic losses to the City and the businesses affected by t~e present law cannot be justified." Numerous signatures. The following communication from the City Attorney was read: "The petition requesting tKat an ordinance be enacted that would oermit the sale of beer and wine on Sundays between the hours of 6:00 A.M. and Midnight has been carefully ~hecked and verified. I have determined that it fulfills all the requirements of the applicable Drovisions of the City Charter. Therefore, it is incumbent upon the City Council either to paYt.'the ordinance as requested or to submit the matter to the vote of the oeonle in a referendum." The following people spoke in regard to the petition: William A. Re,fern, representing Richard Downing. John L. Clark Dr. Thomas J. Powers The following letter from Lawrence A. McDaniel, Jr., of Victory Tavern, was read: "~y name is Lawrence A. McDaniel, Jr., age SS, I was born in Portsmouth, having resided at 40 Manly Street most of my life, excent the four years spent on active duty with the U.S. Army. During the hast ten years, I have served as manager of Victory Tavern, 841 County Street, and I have yet to be confronted with a negative reaction on the subject of Sunday Beer. I am requesting that the contents of this letter be made public, or permission to read same at the next Council meeting scheduled, 22 June 1965~ as a means of quelling the growing indignation among patrons or individuals that are here in Portsmouth without choice, or without a vote, who help support the economy of our city and expect no benefits. I have read most of the articles orinted pertaining to Sunday Beer Sales and noted very little objective reoorting of facts or any defense o~ Tavern Patrons or owners. I know the City Council is aware of all the circumstances as pertains to the situation, and I think that the public should be informed, to witt: (1) The Virginia Alcholic Beverage Control Board will not issue Tavern License without the location or area being designated as essential for service personnel, (2) There are approximately 250 Establishments in this city licensed to sell beer or wine, with less than 12 being licenses as a Tavern. (3) Eightly percent of beer and wine sold is for "Off Premises" consumption. Beer sold by Restaurants will not exceed S% of their gross sales. I was present during the second readingo6f the ~rdinance to amend Section t9-10 of the Code of the City of Portsmouth, Virginia, 1961 to allow the sale of beer and wine on Sundays, and the testimony given by the opposition convinced me tha~ there was well organized individuals determined to deny the citizens of Portsmouth rights and privileges enjoyed by other citizens of Virginia and th.rough out the country because the children had to pass the establishment on the way to Sunday Scho61 or Church or other personal r. easons. I don't drink alcbholic beverages, and I don't think it is constitutional for individuals to imnose their thoughts or convictions on others by Iegislatmre or other means or to pass judgement under influence of natural or self inflicted mresumption or prejudice without associations. I have never been informed by any clergyman having visited' ~he Victory Tavern that the matrons were not repectful, and all other christian charity workers are delighted after having made 8 vlsi%. Those days of wild and rough Taverns frequenCed by drunks, down and outs have mast and I'm sure that al/ Tmvern operators resent the implications of the resoosibility for their conditions.