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December 9, 2025 <br /> <br />(2) The applicant has failed to comply with one or more of the conditions of <br />approval; <br />and, <br /> <br />WHEREAS, <br /> evidence has been submitted to City Council that the following Use <br />Permit conditions have been violated in the operation of the entertainment establishment <br />authorized by UP-25-03: <br /> <br />Condition 6(a)(vii): <br /> <br />Prior to initially operating the entertainment use, a zoning permit must be obtained from <br />the zoning administrator and a certificate of occupancy from the department of permits <br />and inspections. Prior to issuance of the certificate of occupancy, the applicant shall <br />submit to the department of permits and inspections documentation certified by a licensed <br />architect, engineer, or acoustical consultant verifying that all entrances and exits, <br />including rear and service doors, have been constructed or retrofitted with soundproofing <br />materials that mitigate noise transmission from indoor live entertainment to adjacent <br />properties. This certification shall be reviewed by city staff and maintained in the <br />permanent file for the establishment; <br /> <br />Condition 6(a)(ix): <br /> <br />The owners and/or operators of the establishment must not violate any laws of the <br />Commonwealth of Virginia or ordinances of the city related to peace and good order, nor <br />suffer repeated, chronic, or significant violations by patrons or customers. If the chief of <br />police determines that there are violations of this type to comprise a significant law <br />enforcement issue, or violations of the approved security plan which comprise or result in <br />a significant law enforcement issue, they may notify the owners and/or operators in writing <br />and provide a copy of such notice to the zoning administrator, which may result in the <br />initiation of proceedings for the revocation of the use permit by city council; <br /> <br />Condition 6(a)(xii): <br /> <br />All local, state, and federal licenses and permits required for operation of the <br />establishment must be obtained prior to commencement of the entertainment use and <br />must be maintained in good standing for so long as the use continues. <br /> <br />Condition 6(a)(xiii): <br /> <br />Prior to commencing the operation of the entertainment use, the owner and/or operator <br />of the establishment must submit a written security plan to the zoning administrator and <br />obtain written approval. The approved security plan shall be adhered to at all times…; <br /> <br />and, <br /> <br />WHEREAS, <br /> a duly advertised public hearing has been held and the applicant and <br />members of the public have been provided the opportunity to present their views <br />regarding the consideration of revocation of Use Permit UP-25-03; and <br /> <br />WHEREAS, <br /> City Council has considered the report prepared by staff and all <br />attachments, all comments made at the public hearing, the text of Use Permit UP-25-03 <br />and the Zoning Ordinance, and such other factors as it deemed applicable and consistent <br />with the Code of Virginia to the consideration of revocation of a use permit; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED <br />by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That it finds that the applicant has failed to comply with one or more of the <br />conditions of approval of Use Permit UP-25-03. <br /> <br /> <br /> <br /> <br /> <br /> <br />