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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 /> <br /> <br />