File #: 17-0134    Version: 1 Name: UP 16-00010 Deja Vu Restaurant
Type: Use Permits Status: Public Hearing
File created: 3/24/2017 In control: City Council Legislative Session
On agenda: 4/12/2017 Final action: 4/12/2017
Title: Use Permit Application No. 16-00010 by Jeffery Moore for live entertainment inside the Déjà Vu Restaurant and Lounge located at 2080 Nickerson Boulevard [LRSN 11003251]
Attachments: 1. UP 16-00010 Presentation UPDATED, 2. UP16-00010 Presentation, 3. UP 16-00010 CC Memo, 4. UP 16-00010 Application Form, 5. UP 16-00010 Narrative Statement, 6. UP 16-00010 Conditions, 7. UP 16-00010 Concept Plan, 8. UP 16-00010 Floor Plan, 9. UP16-00010 Citizen Email to CC, 10. UP16-00010 Staff Report, 11. UP 16-00010 Resolution, 12. Applicant's Presentation
Title
Use Permit Application No. 16-00010 by Jeffery Moore for live entertainment inside the Déjà Vu Restaurant and Lounge located at 2080 Nickerson Boulevard [LRSN 11003251]


Purpose
Background Statement:
The Use Permit Application No. 16-00010 is a request for Live Entertainment 2 in conjunction with a restaurant establishment, with a capacity greater than fifty (50) occupants. The subject property, Déjà Vu Restaurant and Lounge, is located at 2080 Nickerson Boulevard [LRSN 11003251]. The proposed site is zoned C-1 (Neighborhood Commercial) District with proffered conditions. Live Entertainment 2 in conjunction with a restaurant is a permitted use in the C-1 (Neighborhood Commercial) District, subject to City Council approval of a use permit.

The staff report and presentation included in this package reflects staff and Planning Commission’s original recommendation of approval for Use Permit Application No. 16-00010 with twelve (12) conditions. At the Planning Commission public hearing on March 2, 2017 - there were concerns and objections raised that led staff to follow-up with the Hampton Police Division (HPD). Since the Planning Commission public hearing, new information has been provided to staff by the HPD regarding evidence that the applicant has been consistently hosting events featuring live entertainment without an approved use permit. The applicant was issued a Notice of Violation in December of 2015 and has continued to disregard the rules surrounding live entertainment. Live entertainment has been hosted in this location as recently as January, February, and March of 2017. Additional violations associated with the applicant at the subject property involve noise violations and the fact that Déjà Vu is subject to a probationary Virginia ABC license for previously selling alcohol without an ABC permit. Also, staff was informed that the 2017 business license tax for this establishment has not yet been paid. An attached memo details more information re...

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