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<br />AUQust 28. 2007 <br /> <br />2. That Darius and Laura Imperial are hereby granted a use permit pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation <br />of a sports lounge, restaurant, and entertainment establishment at 4010 George <br />Washington Highway, and being more particularly described as: <br /> <br />UP-07-16 <br /> <br />Beginning at a point 156.27':t south of the northwest intersection of George Washington <br />Highway and Greenwood Drive; thence in a southwesterly direction 189.59':t to a point; <br />thence, in a westerly direction 165.21':t to a point; in a northerly direction 54.93':t to a <br />point; thence, in an easterly direction 91.20':t to a point; thence, in a northerly direction <br />81.79':t to a point; thence, in a northeasterly direction 63.42':t to a point; thence, in an <br />easterly direction 127.07' to a point of the beginning. <br /> <br />That the use permit is approved subject to the following conditions which shall be <br />observed by the applicant and any successor in interest: <br /> <br />(a) Days and hours of operation shall be 11 :00 a.m. to 12:00 a.m, Sunday through <br />Thursday, and 11 :00 a.m. to 2:00 a.m., Friday and Saturday. <br /> <br />(b) The applicant shall submit a formal parking plan for review to the City <br />Engineering Department. The applicant shall provide lighting for the parking area and <br />concrete bumpers for each parking space. The plan shall be approved prior to the <br />issuance of the Certificate of Occupancy. <br /> <br />(c) The applicant shall submit a landscaping plan including perimeter fencing for <br />approval by the Director of Planning. <br /> <br />(d) The applicant shall comply with the trash plan approved by General Services. <br /> <br />(e) The proposed business shall operate in accordance with federal, state and local <br />regulations. <br /> <br />(f) All taxes in connection with the proposed use shall be paid when due. <br /> <br />(g) The owners and/or operators of the establishment 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. <br /> <br />If the Chief of Police, in his discretion, determines that there are sufficient violations of <br />this type to comprise a significant law enforcement problem, he shall so notify the <br />applicant in writing and shall provide a copy of such notice to the Director of Planning <br />and Zoning. <br /> <br />If, within six months of the date of such letter, the Director of Planning and Zoning <br />determines that the offenses against peace and good order are continuing, then he may <br />initiate proceedings for the revocation of this permit. Provided, however, that if at any <br />time problems exist of such a severity that the Chief of Police determines that there is a <br />significant risk to public safety or peace and good order of such proportions as to create <br />a risk of blight, revocation proceedings may be initiated by the Director of Planning and <br />Zoning regardless of the six-month requirement. <br /> <br />3. 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: Heretick, Moody, Psi mas, R. Smith, D. Smith, Holley <br />Nays: None <br />