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<br />May 25. 2011 <br /> <br />3. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicants and any successor in interest: <br /> <br />(a) The occupant load for establishment shall be limited to 50 people or less, as <br />determined by the Building Official. The occupancy load shall not be exceeded at any <br />time. <br /> <br />(b) The days and hours of operation shall be limited to Sunday, 12:00 p.m. t012:00 <br />a.m., Monday through Thursday, 11 :00 a.m. to 12:00 a.m. and Friday and Saturday, <br />11 :00 a.m. to 2:00 a.m. <br /> <br />(c) The days and hours of the entertainment shall be limited to Sunday, 12:00 p.m. <br />to 12:00 a.m., Monday through Thursday, 6:00 p.m. to 12:00 a.m., and Fridays and <br />Saturdays, 6:00 p.m.to 2:00 a.m. <br /> <br />(d) The site layout plan shall generally be in accordance with the plan attached to <br />this report. <br /> <br />(e) The Churchland Shopping Center landscaping shall be enhanced to include the <br />following elements: (i) The creation two tree islands with planted trees in each of the five <br />western most rows of existing parking resulting in a total of ten tree islands with planted <br />trees and (ii) The replacement of dead or missing trees and shrubbery within existing <br />tree islands and landscaping beds on the property. The landscaping shall either be <br />installed prior to the operation of the entertainment establishment or the applicant shall <br />provide a surety in an amount and form acceptable to the City of Portsmouth. <br /> <br />(f) No additional signage shall be erected on the site at 5760 Churchland Boulevard, <br />also known as the Churchland Shopping Center. <br /> <br />(g) Sufficient interior and exterior security shall be provided as needed by individuals <br />who are certified by the Virginia Department of Criminal Justice Services. <br /> <br />(h) Noise from the entertainment establishment shall not be audible at the property <br />line and all entertainment activities shall be conducted inside the building. <br /> <br />(i) All uses on the property shall be operated in compliance with all applicable <br />codes, ordinances, and regulations of federal, state, and local governments. <br /> <br />(j) The applicant shall obtain and keep current all required licenses and permits <br />before operation and these licenses and permits shall remain in effect during the <br />operation of the establishment. <br /> <br />(k) Taxes and fees associated with the property shall be paid when due. <br /> <br />(I) 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, not suffer <br />repeated or chronic violations by any of its patrons or customers. If the Chief of Police, <br />in his discretion, determines that there are significant violations of this type to comprise <br />a significant law enforcement problem, he shall so notify the applicant in writing and <br />shall provide a copy of such notice to the Director of Planning. If, within six months of <br />the date of such letter, the Director of Planning determines that the offenses against <br />peace and good order are continuing, then he may initiate proceedings for the <br />revocation of this permit. Provided, however, that if at any time problems exist of such a <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, revocation <br />proceedings may be initiated by the Director of Planning regardless of the six month <br />requirement. <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 />