Minutes 08/25/2009 - Laserfiche WebLink

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AUQust 25. 2009 (e) Will be In accordance with the purposes of the City of Portsmouth Zoning Ordinance. 2. That a use permit is hereby granted pursuant to Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the operation of an entertainment establishment at 448 Green Street, and being more particularly described as: UP-09-07 448 Green Street Beginning at the northwest corner of the intersection of Green and Queen Streets; thence, north 85':t to a point; thence, west 93':t to a point; thence, south 85':t to a point; thence, east 93':t to a point of the beginning. 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 occupant load of the facility shall not exceed 100 persons, including staff and patrons, at any time as required by the Building Official. (b) The hours of operation shall be limited to between 8:00 a.m. and 2:00 a.m. (c) The hours of entertainment shall be limited to between 11 :00 a.m. and 2:00 a.m. (d) Sufficient interior and exterior security shall be provided by individuals who are certified by the Virginia Department of Criminal Justice Services. (e) The site layout plan shall generally be in accordance with the floor plan dated May 4,2009. Minor changes may be approved by the Director of Planning. (f) Rear doors shall be used for emergency exits only and shall not be propped open during hours of operation. (g) The applicant shall obtain approval from the Downtown Design Committee (DDC) for any exterior alterations, including signage. (h) Noise from the establishment shall comply with City Code Section 24-255 - Loud disturbances and unnecessary noise or sound. (i) The applicant must obtain and keep current any required operating licenses and shall operate in accordance with federal, state and local regulations. (j) All taxes and fees in connection with the proposed use shall be paid when due. (k) The owners and/or operators of the establishment shall not violate any laws of the Commonwealth or ordinances of the City related to peace and good order, not suffer repeated or chronic violations by any of its patrons or customers. If the Chief of Police, in his discretion, determines that there are significant violations of this type to comprise a significant law enforcement problem, he shall so notify the applicant in writing and shall provide a copy of such notice to the Director of Planning. If, within six months of the date of such letter, the Director of Planning determines that the offenses against peace and good order are continuing, then he may initiate proceedings for the revocation of this permit. Provided, however, that if at any time problems exist of such a 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, revocation proceedings may be initiated by the Director of Planning regardless of the six month requirement.