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July 30, 2002 <br /> <br />UP-02-14 <br /> <br /> Beginning at the northeast corner of the intersection of <br />High Street and Dinwiddie Street; thence, north 79.92'+ to a <br />point; thence, east 89.4'+ to a point; thence, south 8.9'+ to a <br />point; thence, west 45.0'+ to a point; thence, south 71.0'+ to a <br />point; thence, west 45.0'+ to the point of the beginning. <br /> <br /> 3. That the use permit is approved subject to the following conditions which shall <br />be observed by the applicant and any successor in interest: <br /> <br /> (a) The facility shall be limited 48 seats inside and 20 seats outside or to such <br />reduced number, as the Fire Marshall shall permit. <br /> <br /> (b) The hours of operation shall be limited to the hours between 10:00 a.m. <br />and 11:00 p.m. daily. <br /> <br /> (c) The facility shall be operated in accordance with the approved trash and <br />refuse plan dated July 11,2002, on file with the City's Division of General Services. No <br />change in the approved plan shall be made without prior approval by the Director of <br />General Services. <br /> <br /> (d) All taxes and fees owed or collected in connection with the subject <br />property and operation shall be paid when due. <br /> <br /> (e) The applicant and any successor in interest shall comply with all <br />applicable codes, ordinances and regulations of federal, state and local governments <br />and shall obtain and maintain in effect all necessary licenses and permits. <br /> <br /> (f) Any alterations to the site or the building, including signage, must be <br />approved in advance by the Downtown Design Committee. <br /> <br /> (g) The applicant and any successor in interest shall not violate any laws of <br />the Commonwealth or ordinances of the City related to peace and good order, nor <br />suffer repeated or chronic violations by any of its patrons or customers. If the Chief of <br />Police, in his discretion, determines that there are sufficient violations of this type to <br />comprise a significant law enforcement problem, then he shall so notify the applicant or <br />its successor in writing and shall offer to meet to provide advice on how to lessen and <br />avoid repeated offenses against peace and good order. A copy of this letter shall be <br />provided to the Director of Planning and Inspections. <br /> <br /> If, within six months of the due date of this letter, said Director, in his <br />discretion, determines that offenses against peace and good order are <br />continuing, then he may initiate proceedings for the revocation of this use <br />permit. Provided, however, that if problems of peace and good order are of such <br />severity that the Chief of Police determines that there is a significant risk to public safety <br />or peace and good order of such proportions as to create a risk of blight, then <br />revocation proceedings may be initiated by the Director without regard to the six-month <br />requirement which is otherwise applicable. <br /> <br /> (h) Proof of sufficient off-street parking for the maximum number of <br />employees/owners working on the premises shall be provided to the Director of <br />Planning Services prior to commencement of operations. <br /> <br /> 4. REVOCATION OF PERMIT: Violation of any of the above conditions may <br />serve as grounds for revocation of the use permit by the City Council." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Randall, Whitehurst, Holley <br />Nays: None <br /> <br /> <br />