June 9th. 19M6.
<br />
<br /> At a regular meeting of the City Council, held June 9th, 1936, at
<br />there were present:
<br />
<br /> Vernon A. Brooks, Leslie To Fox,J. T. Hanvey, W. R. Hutehlns, ~.B. Moore,
<br /> J. Alden Oast~ J. R. Stewart, City Manager.
<br />
<br /> Minutes of re~mla~ meeting held Nay 26th were read and approved.
<br />
<br /> The following communications from the City Manager were read:
<br />
<br /> 1st ~In reference to the request of Austin R. Davis Camp ~o. 4, U.S. War
<br />Veterans, that the City donate a section of Olive Brmuch Cemetery, for a monument and'burial
<br />claes, for the remaining Members of the Portsmouth Volunteers, I am advised, in an opinion of
<br />~he City Attorney, which is attached hereto, that the City can not,' l~gally, donate the crc -
<br />perry. - -
<br /> However, the C~m-o may be especially interested in the erection of a
<br />monumen% Rna if so, it a Dears to me t;
<br /> - . ~. . · nat the City Park is an appropriate place. I there -
<br />z ore recommenG t.hat shouiG the Camp desire to place a monument ' '~ ' ,
<br /> zn ~ne Czty Park that the
<br />privilege be gra. nted, the site to be subject to the s~proval of the Superintendent of Parks.~
<br />
<br /> Motion of Mr. S~ewart that the recommendation of the City Manager be concurred
<br />in, was adopted.
<br />
<br /> 2nd - ~On the subject of'the resolution, adopted by the Council on April lhth,
<br /> 1936, petitioning the Alcoholic Beverage Control Board, to close the beer parlors in Ports -
<br /> mouth at 1:00 A.M., on week nights and all day on Sundays, a communication was received from
<br /> the Board, dated May 9th, in which the Board takes the positionthat enforcement of the general
<br /> law of the State, without recourse to the Alcoholic Beverage Control Act, is sufficient to ac-
<br /> complish Sunday closing, sund ~ '
<br /> w~_.~e the Board expresses a willi~gness, by regulation, to re -
<br /> quire ~all licensees to refrain from selling wine and beer, after l:O0 A.M. each week day, it
<br /> request~ a clarification of the Council's position in the mattsr of "~beer parlors% as speci-
<br /> fied in the resolution. It is pointed out that the term ~beer parlors~ as properly used, has
<br /> no legal identity; tluat establishments are licensed tmder the classifications of .~restaurants~
<br /> ~hotels~, etc., as defined by the Act.
<br /> The question raised in the minds of the Board is ?~whether or not, it is
<br /> the desire of the authorities of Portsmouth, for the order of the Board to affect all licen-
<br /> sees, including restauramts and hote!s~ as well as other establishments; such as confectione-
<br /> ries, etc., and those places of business which are commonly known as mbeer parlorse~.
<br /> In a conference of the City Attorm. ey, the 0cmmonwea!th~s Attorney, the
<br />Chief-of Police and the City Manager, the subject was discussed, at some length, and the una-
<br />nimous conclusion was tha~ conditions~ in certain sections of the City, will be greatly im -
<br />proved, if all restaure~ts, Dee_ parlors, beer gardens, etc., are required to close from l:O0
<br />A.M. to 6:00 A.M., on week da~s, and'the sale of beer and wine is prohibited from 12:00 P.M.
<br />Saturdays to 6:00 A.~.. Mondays, and if dmucing and the playing of piano players and like musi-
<br />cal instruments, in such establis_hments, are pro_,zbite~' by ordinance.
<br /> The A.B.C. Ac*~ and amendment thereto, in naming places with reference
<br />to t~Ye sale of beer and ~ine, mentions ~hotels, restaurants, clubs, boats, dining cars, buffet
<br />and club care~ ~ud no menti'on is made of beer parlors.
<br /> I~ therefore, recommend that the term ~beer parlors~ be so clarified as
<br />to convey to the A.B.C. Board the kind of businesses which it is the Council's desire to h~.ve
<br />closed from l:O0 A.M. to 6:00 A.M.
<br /> In reference to the sale of beer and wine on Sunaays, I do not believe,
<br />for obvious reasons, that it is practical to regulate this by existing state laws. I there-
<br />fore recommend that the Council so advise the AoB.C. Board, and insist upon th~ enforcement
<br />of such a reg~!ation by the A.B.C. Board.
<br /> I further recommend the passage of an ordinance prohibiting dancing in
<br />restaursuuts, bee~ parlors and beer gardens, also prohibiting the playing of oiano players mud
<br />such mechanically operated musical instruments in all such places. ~ '
<br />
<br /> Motion of Mr. Fox that we petition the .%lcoholic Beverage Control Board to pro-
<br />hibit the sale of wine and beer, at all places for which a license is issued in Portsmouth,
<br />from l:O0 A.M. to 6:00 A.M., on week'days and from 12:00 P.M. Saturday to 6:00 A.M. Monday,
<br />was ~d~opt ed. '
<br />
<br /> Motion of Mr. Fox that the City Attorney prepare sun ordinance prohibiting
<br />danc~g, playing of piano-play,rs, and such mechanically-operated musical inst~ments in res=
<br />taurants, beer parlors -=nd bee~ gardens, was adopted.
<br />
<br /> 3rd - ~In the matter of fire damage to the Armory~ a settlement of
<br />has b~en agreed to~ and I am advised by the Insurance Adjustor, that p~yment w~ll be made,
<br />within a few daye~~ -
<br />
<br /> On motion of Mr. Hutohins, same was ordered filed.
<br />
<br /> 4th - eThe ~rmory, which was reoen21y damaged by fire, if repaired and placed
<br />in the same condition as previous to the fire, will not be satis.~aotory to the &~mo~y Commis-
<br />sion of Virginia, as a suit~ole place to house its equipment. The A~mo~y is smaller thsuu the
<br />present regulation armories, and lacking in several
<br /> eesen~_al facilities.
<br /> After a conference with representatives of the Armory Commission of Vir-
<br />ginia, suud ~he Federal Works Progress Administration, I s~ advised that there is a strong pos-
<br />sibility of securing State and Federal funds for the erection of a $60,000. A~mory, with a cash
<br />outlay by the City of only $~_,000. The City's contribution of $8,000. will be forthcoming from
<br />the insurance, obviating the necessity of the City,s ma~ino' ~ any appropriation from General Fun~
<br /> Captain ~merson
<br /> has assured me that, with the new building and its fae~
<br />ilities, his organization w~l meet all o ~ · - -
<br />and water. .-- pera~ing expenses w~th the possible exception of lights
<br /> The items which will m~e up ~he $60,000, are as follows:
<br />
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