Minutes 11/27/2012 - Laserfiche WebLink

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November 27, 2012 (a) The occupant load for the establishment shall be limited to 189 people. An increase in the occupancy limits may be approved by the Director of Planning if additional parking is provided in a manner that is in compliance with the Zoning Ordinance and the increased occupancy is approved by the Building Official. (b) The days and hours of operation for entertainment shall be limited to seven days a week, 12:00 noon to 12:00 midnight. (c) The site layout plan shall generally be in accordance with the plan attached to this report. (d) The establishment's parking lot landscaping shall be enhanced to include the following elements: (i) The creation three tree islands with planted trees, and (ii) An agreement with the Department of Parks, Recreation and Leisure Services that the applicant will maintain the landscape buffer in the right-of-way of Hamilton Avenue shall be executed. The landscaping shall either be installed prior to the operation of the entertainment establishment or the applicant shall provide a surety in an amount and form acceptable to the City of Portsmouth. (e) Sufficient interior and exterior security shall be provided as needed by individuals who are certified by the Virginia Department of Criminal Justice Services. (f) Except for special events occurring no more than one Saturday per month between the hours of 12:00 noon and 7:00 P.M., noise from the entertainment establishment shall not be audible at the property line and all entertainment activities shall be conducted inside the building. (g) All uses on the property shall be operated in compliance with all applicable codes, ordinances, and regulations of federal, state, and local governments. (h) The applicant shall obtain and keep current all required licenses and permits before operation and these licenses and permits shall remain in effect during the operation of the establishment. (i) Taxes and fees associated with the property and the operation shall be paid when due. (j) 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, 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 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. 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: Cherry, Edmonds, Heretick, Moody, Randall, Whitehurst, Wright Nays: None Motion by Mr. Moody, and seconded by Mr. Whitehurst, to deny Item 12-439(F), approved on first reading at the November 13, 2012 meeting, and was adopted by the following vote: