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January 28, 2003 <br /> <br /> 2. That Wen Kong Li is hereby granted a use permit pursuant to Section 40-43.1 <br />of the Code of the City of Portsmouth, Virginia (1988) for the operation of an eating <br />establishment at 1106 London Boulevard, and being more particularly described as: <br /> <br />UP-03-02 <br /> <br /> Beginning at the northwest corner of the intersection <br />of London Boulevard and Goode Way; thence in a northerly <br />direction approximately 470' to a point; thence in a westerly <br />direction approximately 260' to a point; thence in a southerly <br />direction approximately 524' to a point; thence in an easterly <br />direction approximately 275' to the point of 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 to no more than 188 seats. <br /> <br /> (b) <br />p.m. <br /> <br />The hours of operation shall be limited to between 11:00 a.m. to 10:00 <br /> <br /> (c) The handling, storage, and disposal of trash shall be in accordance with a <br />plan approved by the City's Department of General Services. <br /> <br />(d) A minimum of forty-seven (47) on site parking spaces shall be required. <br /> <br /> (¢) All taxes and fees owed or collected in connection with the subject <br />property and operation shall be paid when due. <br /> <br /> (t') The applicant and any successor in interest shall comply with all <br />applicable statutes, ordinances and regulations of federal, state and local governments <br />shall obtain and maintain in effect all required permits <br /> <br /> (g) The Downtown Design Commission must approve any exterior alterations <br />to the building, including signage. <br /> <br /> (h) The applicant shall not violate any laws of the Commonwealth or <br />ordinances of the City related to peace and good order, nor suffer repeated or chronic <br />violations by any of its patrons or customers. <br /> <br /> If the Chief of Police, in his discretion, determines that there are sufficient <br />violations of this type to comprise a significant law enforcement problem, then he shall <br />so notify the applicant in writing and shall offer to meet to provide advise on how to <br />lessen and avoid repeated offenses against peace and good order. A copy of this letter <br />shall be provided to the Director of Planning and Zoning. <br /> <br /> If, within six months of the date of this letter, said Director, in his <br />discretion, determines that offences against peace and good order are continuing, then <br />he may initiate proceedings for the revocation of this permit. Provided, however, that if <br />problems of peace and good order are of such severity that the Chief of Police <br />determines that there is a significant risk to public safety or peace and good order of <br />such proportions as to create a risk of blight, then revocation proceedings may be <br />initiated by the Director without regard to the six month requirement which is otherwise <br />applicable. <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 /> <br />