12-27-1954 Special Meeting
SPECIAL MEETING
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.A Special meeting of the city Council of the
City of Clermont was held at the City hall,
Monday, December 27, 1954.
The meeting was called to order by Council
President, Arthur George at 7':30 P. M. with
the following members present: Winston, George,
Olivenbaum and Kons1er. Absent: Sickler.
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The ballot box was inspected and prepared for
the Special election to be he 1d December 28,
1954, and the keys were turned over to Police
Chief Clark.
Clerk Johnson stated that the following had
agreed to serve as Inspectors and Clerk:
Mrs. J. C. Barr, Mrs. Daniell Westbrook and
Mrs. H. R. Harper as Inspectors and Fred H.
Higby a s Clerk.
Motion by Winston, seconded by 01ivenbaum and
carried that the persons suggested by Clerk
Johnson be appointed as Inspectors and Clerk
of Election,
Chairman George read a letter from city attorney
Morse, wherein Mr. Morse stated that in his
Opinion this city did not have an Ordinance
covering the closing of bars for Special elections
and therefore the bars should be allowed to
remain open if they so desired.
Motion was made by Olivenbaum, seconded by
Kons1er and carried that the letter from Mr.
Morse become a part of these minutes and that
it be attached thereto.
Motion by Winston, seconded by Konsler that
meeting adjourn.
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CITY OF CLERMONT
CLERMONT, FLORIDA
LAKE COUNTY
December V, 1954
'Mr. Arthur L. George, President
City Council
Clermont, Florida
Re: Closing of liquor stores - Special Elections
Dear Mr. George:
Regarding the above matter, I submit the folloving; as to the
Ci ty and State requirements of the closing of liquor stores during
special elections:
1. Under Section 20, Chapter 4 of the Revised General Ordinances
of the City, passed on June 19, 1928, it is therein provided that when
Ordinances of the City of Clermont pertaining to elections shall not
embrace a subject thereon that the State law shall prevail.
2. Under Chapter 104.381, Florida Statutes 1953, as amended,
Bar Rooms, Saloons, etc. vithin the area of any City, County or
municipali ty are required to be closed during general or primary
elections during the hours the polls are open, and your attention is
called to the. words "general and primary elections".
Therefore, it is my opinion that as we do not have an ordinance
covering the closing of bars during special elections, the above Chapter
104.381 viII control, and this Chapter only covers general and primary
elections, and, therefore, they do not have to close during special
elections, and it is my opinion that we cannot require these bars to
close during any special election of the City of Clermont.
Respectfully submitted,
IFM/dw
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