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April 12, 2022 <br /> <br />which Deed is recorded in the Clerk’s Office of the Circuit Court of the City of Portsmouth, <br />Virginia, in Deed Book 48, at page 404. <br /> <br />IT BEING all that certain property conveyed to Court Street Entertainment, LLC by Deed <br />from 467 Court Street, LLC dated October 1, 2020 and recorded in the Clerk’s Office of <br />the Circuit Court for the City of Portsmouth, Virginia as Instrument Number 202011558. <br /> <br /> 6. That the use permit is approved subject to the following conditions which <br />shall be observed by the applicant and any successor in interest: <br /> <br />(a) The occupant load of the proposed development, including patrons and <br />employees, shall remain at not more than the capacity set by the Building Official. The <br />occupancy load shall not be exceeded at any time. <br /> <br />(b) The establishment shall comply with Portsmouth City Code Section 40.2- <br />217(G)(4)(b) – Use Specific Standards for Specific Commercial Uses – Entertainment <br />Establishment (Indoor or Outdoor): (i) Entertainment Establishments shall not create <br />unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or <br />glare, (ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful <br />Excessive Sound, and (iii) Any building housing live entertainment shall include <br />soundproof entryway and exit doors. <br /> <br />(c) Rear doors shall be used for emergency exits and deliveries only, and shall not be <br />propped open during hours of operation. <br /> <br />(d) The dumpster area must comply with all relevant state and local codes (including <br />without limitation Portsmouth City Code Section 40.2-304(F)(5)), including complying with <br />surfacing, setback, and screening requirements. <br /> <br />(e) The owners and/or operators of the establishment shall not violate any laws of the <br />Commonwealth or ordinances of the City related to peace and good order, nor suffer <br />repeated or chronic violations by any patrons or customers. If the Chief of Police, in their <br />discretion, determines that there are significant violations of this type so as to comprise a <br />significant law enforcement problem, they may notify the applicant in writing and provide <br />a copy of such notice to the Zoning Administrator, which may result in the initiation of <br />proceedings for the revocation of this Use Permit. This clause is not to be construed as <br />a limitation or waiver of any other grounds for revocation of this Use Permit under the <br />Zoning Ordinance or the terms hereof. <br /> <br />(f) The establishment shall be developed and maintained in compliance with all <br />applicable codes, ordinances and regulations of federal, state and local government, and <br />all required licenses and permits shall be obtained and remain in effect at all times during <br />its operation. <br /> <br />(h) All taxes/fees associated with the property and/or the proposed use must be paid <br />when due, as determined by the City Treasurer. <br /> <br />REVOCATION OF PERMIT: <br />7. Violation of any of the conditions set forth <br /> <br />herein may serve as grounds for revocation of the use permit by City Council.” <br /> <br />Ayes: Barnes, Battle, Lucas-Burke, Moody, Whitaker, Woodard, Glover <br />Nays: None <br /> <br />- City Manager’s Report - <br /> <br />22 - 109 - Adoption of an ordinance to amend Division 1 of Article VII of Chapter 22 <br />of the Code of the City of Portsmouth, Virginia (One-Way Streets) by amending <br />Sections 22-451, 22-452, and 22-453 to clarify the process for establishing one-way <br />streets. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />