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2. That Matthew Birdsall and Williams Court II Associates, LLC, are hereby granted a use permit pursuant to Section 40.1-2.3(B) of the Code of the City of Portsmouth, Virginia (2006) for the operation of an entertainment establishment at 4584 George Washington Highway, and being more particularly described as: UP-12-17 4584 George Washington Highway Williams Court Shopping Center - Phase II Tax Map 457, Parcel 10 3. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (a) The occupant load of the facility shall not exceed 588 persons, including staff and patrons, or a lesser occupancy load as approved by the Building Official. A greater number of occupants may be approved subject to submission and approval of an alternative parking plan by the Planning Director and approval of the occupancy load by the Building Official. (b) The hours of operation for entertainment shall be limited to Sunday through Saturday from 11 :00 am to midnight. (c) The facility shall not be rented or leased as a recurring nightclub or entertainment venue to the same party, group or organization, nor shall admission be collected at the door, as may determined by the Planning Director. (d) Sufficient interior and exterior security shall be provided by individuals who are certified by the Virginia Department of Criminal Justice Services during hours of entertainment activities. (e) Rear doors shall be used for emergency exits only and shall not be propped open during hours of operation. (f) Noise from the establishment shall comply with City Code Section 24-255. (g) The applicant shall be required to install a backflow preventer, if determined necessary by the Department of Public Utilities. (h) Additional landscaping of between 2,400 and 2,500 square feet shall be added to the parking lot in accordance with the Zoning Ordinance, as approved by the Planning Director. The required landscaping shall be installed prior to issuance of a Certificate of Occupancy, or shall be secured by a form of surety acceptable to the City of Portsmouth for installation in the next growing season. (i) The applicant must obtain and keep current any required operating licenses and shall operate in accordance with federal, state and local regulations. U) All taxes and fees in connection with the proposed use shall be paid when due. (k) The owners and/or operators of the establishment shall not violate any laws of the Commonwealth or ordinances ofthe City related to peace and good order, not suffer repeated or chronic violations by any of its patrons or customers. If the