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AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 40-22 AND TABLES 40-43.1-2 AND 40-43.1-3 THEREOF PERTAINING TO EATING AND ENTERTAINMENT ESTABLISHMENTS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 40-22 of the Code of the City of Portsmouth, Virginia (1988) be amended by adding thereto new definitions of "Eating Establishment," "Restaurant," "Entertainment," and "Entertainment Establishment" to read as follows: Sec. 40-22. Specific Definitions. Eating Establishment. An establishment primarily engaged in the preparation and sale of prepared food to customers in a ready-to-consume state, where the customer consumes the food while seated at tables or counters primarily located within a building. There are no sales of alcoholic beverages, entertainment, or admission charges at eating establishments. Restaurant. An establishment primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption and requiring a retail on-premises license from the Virginia Alcoholic Beverage Control Commission. The establishment may have as an accessory function live performances by one individual with only one unamplified musical instrument and/or recorded background music and a dance floor not to exceed 10% of the net floor area excluding kitchen, storage, restrooms and offices of the establishment. No admission charge is collected. Entertainment. Activities including, but not be limited to, live entertainment (including musical performances utilizing more than one instrument and/or amplified music, including amplified recorded sound and electronic musical instruments), dancing, comedy acts, karaoke, and disc jockeys. An establishment shall be deemed to have entertainment if it possesses a dance area larger than 10% of the establishment's net floor area, excluding any kitchen, storage area, restroom, and office. Entertainment Establishment. An establishment where entertainment is provided or which is rented out for affairs where there is entertainment or dancing or having a dance floor which occupies more than 10% of the floor area excluding kitchen, storage, restrooms, and offices of the establishment. An establishment which charges an admission fee is defined as an entertainment estabIishment.