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12-27-1954 Special Meeting SPECIAL MEETING ~ .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. ...... 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. <<~cn rJrj~ ~. ........ ' a --.., ~ 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 --~~--=+~~~ ~ ~torney