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2. That Alice Amory is 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 6041 High Street, and being more particularly described as: UP-13-10 6041 High Street Consisting of the free standing restaurant building located in the center of City Line Plaza and addressed as 6031 High Street, also identified as Tax Map # 816, Parcel 4. This parcel is located on the southeast comer of the intersection of High Street and the Commonwealth Railroad right-of-way on the City of Chesapeake and City of Portsmouth municipal boundary 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, including staff and patrons, shall not exceed 175 persons or less, as approved by the Building Official. (b) The hours of operation of the entertainment activities shall be limited to Sunday through Thursday from 11 :00 am to midnight; and Friday and Saturday from ,11 :00 am to 2:00 am. (c) Sufficient interior and exterior security shall be provided by individuals who are certified by the Virginia Department of Criminal Justice Services. (d) The rear doors shall not be propped open during hours of operation, but shall allow access in and out to serve customers in outdoor facilities. (e) Noise from the establishment shall comply with City Code Section 24-255 - Loud disturbances and unnecessary noise or sound. (f) There shall be no outside activities or entertainment. (g) The applicant shall be required to install a backflow preventer, if determined necessary by the Department of Public Utilities. (h) Landscaping shall be installed in the islands across the High Street frontage of the property pursuant to Section 40.1-5.2(D)(3) up to a total area of2,500 square feet, subject to approval of the Planning Director. The owner of the property shall be responsible for the maintenance of any landscaping located in the public right-of-way pursuant to a maintenance agreement with the City. In lieu of the preceding requirement, landscaped islands, in accordance with Section 40.1-5.2(D)(2) shall be installed in rows of parking with more than 11 spaces, up to 2,500 square feet, subject to approval of the Planning Director, (i) The applicant must obtain and keep current any required operating licenses and shall operate in accordance with federal, state and local regulations.