Minutes 07/22/2003 - Laserfiche WebLink

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July 22, 2003 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 facility shall be limited to no more than 35 seats. (b) Prior to any expansion of the facility, an amendment to the use permit must be approved by the City Council. (c) The hours of operation shall be limited to between 7:00 a.m. and 8:00 p.m., Monday through Thursday, between 7:00 a.m. and 10:00 p.m. on Friday, between 9:00 a.m. and 10:00 p.m. on Saturday, and between 11:00 a.m. and 4:00 p.m. on Sunday. (d) The applicant shall screen the existing trash/garbage dumpster located in front of the building as directed by the Director of General Services. (e) A minimum of nine (9) on- site parking spaces shall be required. (f) All taxes and fees owed in connection with the subject property and operation shall be paid when due. (g) The applicant and any successor in interest shall comply with all applicable statutes, ordinances and regulations of federal, state and local governments shall obtain and maintain in effect all required permits. (h) The applicant shall not violate any laws of the Commonwealth or ordinances of the City related to peace and good order, nor suffer repeated or chronic violations by any of its patrons or customers. If the Chief of Police, in his discretion, determines that there are sufficient violations of this type to comprise a significant law enforcement problem, then he shall so notify the applicant in writing and shall offer to meet to provide advice on how to lessen and avoid repeated offenses against peace and good order. A copy of this letter shall be provided to the Director of Planning and Zoning. If, within six months of the date of this letter, said Director, in his discretion, determines that offenses against peace and good order are continuing, then he may initiate proceedings for the revocation of this permit. Provided, however, that if problems of peace and good order are of such severity that the Chief of Police determines that there is a significant risk to public safety or peace and good order of such proportions as to create a risk of blight, then revocation proceedings may be initiated by the Director without regard to the six month requirement which is otherwise required. (i) The entertainment shall be limited to no more than four performers. Noise decibels shall be in compliance with Section 24-255 of the City Code. 4. REVOCATION OF PERMIT: Violation of any of the above conditions may serve as grounds for revocation of the use permit by the City Council." Ayes: Griffin, Moody, Pitts, Randall, Whitehurst, Holley Nays: None Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following resolution, approved on first reading at the July 8, 2003 meeting, and was adopted by the following vote: 03-240(b): "A RESOLUTION GRANTING A USE PERMIT TO AUDREY LING FOR A RESTAURANT AT 623 HIGH STREET. WHEREAS, Audrey Ling has made application pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (1988) for the granting of a use permit for the operation of a restaurant at 623 High Street, Portsmouth, Virginia; and