Minutes 08/26/2025 - Laserfiche WebLink

Home Browse Search

August 26, 2025 IT BEING the same property conveyed to Washington/Victory, LLC by Deed from Williams Court/DCI Properties, Inc. dated May 26, 2006 and recorded in the Clerk’s Office of the Circuit Court for the City of Portsmouth, Virginia as Instrument Number 060012272. 6. That the use permit is approved subject to the following conditions which shall be observed by the applicant and any successor in interest: (b) The owner and the operator of the entertainment establishment shall ensure and maintain compliance with the following use-specific standards, including as set forth in subsection 40.2-217(G)(5)(b) of the Zoning Ordinance: (i) Entertainment establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare. (ii) Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound. (iii) Any building housing live entertainment shall include soundproof entryway and exit doors. (iv) Live entertainment shall only permitted indoors. (v) INTENTIONALLY OMITTED. (vi) Before initially operating the entertainment use and so long as the use remains in operation, the owners and/or operators of the establishment shall install and maintain digital video equipment with recording capabilities sufficient to indicate the date and time that the recording is made. The recording shall provide surveillance coverage encompassing the front, side, and rear exteriors of the establishment for 24 hours a day, 7 days a week. Recorded data must be maintained in a condition permitting review of the information for no less than thirty days. (vii) Prior to initially operating the entertainment use, a zoning permit must be obtained from the zoning administrator and a certificate of occupancy from the department of permits and inspections. Prior to issuance of the certificate of occupancy, the applicant shall submit to the department of permits and inspections documentation certified by a licensed architect, engineer, or acoustical consultant verifying that all entrances and exits, including rear and service doors, have been constructed or retrofitted with soundproofing materials that mitigate noise transmission from indoor live entertainment to adjacent properties. This certification shall be reviewed by city staff and maintained in the permanent file for the establishment. (viii) The maximum occupancy load of the establishment, including patrons and employees, must comply with any limits set by the city building official or the use permit, whichever is less. (ix) The owners and/or operators of the establishment must not violate any laws of the Commonwealth of Virginia or ordinances of the city related to peace and good order, nor suffer repeated, chronic, or significant violations by patrons or customers. If the chief of police determines that there are violations of this type to comprise a significant law enforcement issue, or violations of the approved security plan which comprise or result in a significant law enforcement issue, they may notify the owners and/or operators in writing and provide a copy of such notice to the zoning administrator, which may result in the initiation of proceedings for the revocation of the use permit by city council. (x) Neither the establishment nor any portion of it shall be leased, let, or used by any third party to stage an entertainment event for profit. No outsider promoter shall be permitted to use, operate, rent, or host any entertainment event on the premises of the establishment. (xi) Rear doors of the establishment shall be used for emergency exits only and shall not be propped open during hours of operation of the entertainment, except for deliveries.