Sec. 40.2-217(G)(5)(b)

Extracted standards

23 individual requirements pulled out of this section’s prose, each with the sentence it came from.

From the ordinance

Entertainment establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare. Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound. Any building housing live entertainment shall include soundproof entryway and exit doors. Live entertainment shall only be permitted indoors. The hours of operation for the entertainment use shall be from 8:00 a.m. until midnight. 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, seven days a week. Recorded data must be maintained in a condition permitting review of the information for no less than 30 days. Prior to initially operating the entertainment use, a zoning permit must be obtained from the zoning administrator and a certificate occupancy must be obtained 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 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. The maximum occupancy load of the establishment, including patrons and employees, must comply with any limits set by the city building official or the limits set by the use permit, whichever is less. 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. 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 outside promoter shall be permitted to use, operate, rent, or host any entertainment event on the premises of the establishment. Rear doors of the establishment shall be used for emergency exits only and shall not be propped open during the hours of operation of the entertainment, except for deliveries. All local, state, and federal licenses and permits required for the operation of the establishment must be obtained prior to commencement of the entertainment use and must be maintained in good standing for so long as the use continues. Prior to commencing the operation of the entertainment use, the owner and/or operator of the establishment must submit a written security plan to the zoning administrator and obtain written approval. The approved security plan shall be adhered to at all times. Any material changes to the plan must be submitted to and approved by the zoning administrator. The plan must address, at a minimum, the following: The number and placement of licensed private security personnel, including indoor and exterior coverage during hours of operation; Protocols for verifying age and ID at entry points; Procedures for screening patrons for weapons or contraband; Measures for managing queues, crowd control, and orderly dispersal at closing; Coordination with the police department in the event of incidents; Hours of operation and maximum occupancy limits; Lighting and surveillance coverage of the exterior of the premises; Emergency evacuation procedures; and A designated driver program. If two or more violent incidents, documented by the police department, occur on or in direct connection with the establishment within any 12 month period, the zoning administrator shall initiate proceedings for the automatic reconsideration of the establishment's use permit by city council. The zoning administrator shall notify the owner and operator in writing, and the matter shall be docketed for review by city council within 60 days of the notification. In conducting its review, city council may revoke, amend, or impose new conditions on the use permit if deemed advisable in city council's legislative discretion to promote the public health, safety, and general welfare. If the off-street parking requirement for the establishment under this zoning ordinance is to be satisfied by utilizing off-street parking areas not located on the same parcel as the use, then a shared parking agreement or lease agreement must be submitted for review and approved as to form by the city attorney. The shared parking agreement must specify the location, number of spaces, duration of use, and hours of availability. All off-street parking areas must be located within an 800-foot walking distance of the entertainment establishment unless a shuttle system is provided. If a shuttle system is provided, the establishment owner or operator must provide a shuttle plan for review and approval. Failure to maintain the availability of required off-site parking shall constitute a violation of the zoning approval and may be grounds for revocation of the use permit. Any establishment that sells, serves, or permits the consumption of alcoholic beverages shall be subject to the following additional requirements: The establishment must obtain and continuously maintain a valid license from the Virginia Alcoholic Beverage Control Authority appropriate to the type of establishment and activity proposed. The establishment must operate at all times in full compliance with the requirements and conditions of its ABC license, including without limitation membership requirements, service restrictions, and operational limitations, and in full compliance with any other condition, requirement, or limitation imposed by the Virginia Alcoholic Beverage Control Authority. Without limitation, an establishment's use permit may be revoked by city council for any violation of a general or specific condition imposed by the Authority, including a condition incorporated by reference or arising from any conditions, requirements, or limitations imposed on any aspect of the operation of the establishment by the Authority or by Virginia law. The establishment must submit proof of a valid ABC license to the zoning administrator prior to issuance of a certificate of occupancy and upon each license renewal or modification. An ABC manager, employed and compensated by the operator, shall be present at all events held on the premises. This manager shall supervise the event at all times. The ABC manager shall be present on the premises at least one hour prior to the beginning of the event and shall remain on the premises until the event is concluded and the establishment is secured and locked. If alcohol is not served or consumed, a responsible supervisor, employed and compensated by the operator, shall perform this function. The suspension, revocation, non-renewal or voluntary surrender of an ABC license for an establishment shall automatically trigger review of the establishment's use permit by the zoning administrator. Upon review, the zoning administrator may initiate proceedings for city council to consider revocation of the use permit. The suspension, revocation, non-renewal or voluntary surrender of an ABC license shall constitute grounds for revocation of the use permit by city council. Any lapse in ABC licensure without timely notice and cure may be treated as a zoning violation subject to enforcement. The property owner and the use operator, if different, shall be jointly and severally responsible for compliance with all applicable requirements of this subsection and the use permit, including, but not limited to, operational standards and permit conditions. During all hours of operation, the establishment operator shall be responsible for maintaining those portions of public rights-of-way improved by sidewalk and portions of any parking lot adjacent to the premises regulated by the use permit so as to keep such areas free of litter, refuse, and both solid and liquid waste. No patrons or guests shall be charged a cover charge or fee for entry to the establishment. A copy of the establishment's use permit shall be available on the premises at all times for inspection, and a notice indicating that the use permit and all amendments are kept on the premises and are available for review by any member of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions and shall include the address of the zoning administrator. A binder or folder containing documentation relating to the operation of the establishment shall be kept on the premises at all times and shall be produced upon request made by any person. For purposes of this subsection, the documentation relating to the operation of the establishment shall include copies of the following: The use permit and any amendments; Any ABC license; Any occupancy permit[s]; Certifications of all persons who work on the premises as a security guard; All fire code certifications, including alarm and sprinkler inspection records; Any health department permit[s]; The emergency action plan required under the Fire Prevention Code; The names, addresses, and phone numbers of all persons who manage or supervise the establishment at any time; and The establishment's security plan.