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R-25-42 <br />A RESOLUTION REVOKING USE PERMIT UP -25-03 FOR THE OPERATION <br />OF AN ENTERTAINMENT ESTABLISHMENT ON A PORTION OF A PARCEL <br />HAVING AN ADDRESS OF 2012 VICTORY BOULEVARD (TAX PARCEL 0456- <br />0010). <br />WHEREAS, by Resolution R-25-24 adopted on August 26, 2025, the City <br />Council of the City of Portsmouth, Virginia granted a conditional Use Permit (UP -25-03) <br />to R. Brown to operate an entertainment establishment on a portion of a parcel having an <br />address of 2012 Victory Boulevard (Tax Parcel 0456-0010) (the said portion having a <br />mailing address of 4806 George Washington Highway); and <br />WHEREAS, Section 40.2-533(L)(2) of the Zoning Ordinance provides as <br />follows: <br />(L) Revocation. A Use Permit may be revoked by City Council after <br />conducting a public hearing. The permit shall be revoked only if Council finds: <br />(2) The applicant has failed to comply with one or more of the <br />conditions of approval; <br />and, <br />WHEREAS, evidence has been submitted to City Council that the following Use <br />Permit conditions have been violated in the operation of the entertainment establishment <br />authorized by UP -25-03: <br />Condition 6(a)(vii): <br />Prior to initially operating the entertainment use, a zoning permit must be <br />obtained from the zoning administrator and a certificate of occupancy from the <br />department of permits and inspections. Prior to issuance of the certificate of <br />occupancy, the applicant shall submit to the department of permits and <br />inspections documentation certified by a licensed architect, engineer, or acoustical <br />consultant verifying that all entrances and exits, including rear and service doors, <br />have been constructed or retrofitted with soundproofing materials that mitigate <br />noise transmission from indoor live entertainment to adjacent properties. This <br />certification shall be reviewed by city staff and maintained in the permanent file <br />for the establishment; <br />Condition 6(a)(ix): <br />The owners and/or operators of the establishment must not violate any <br />laws of the Commonwealth of Virginia or ordinances of the city related to <br />peace and good order, nor suffer repeated, chronic, or significant <br />violations by patrons or customers. If the chief of police determines that <br />