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Two Norfolk restaurants seek permits for alcohol and entertainment; council raises questions on outdoor smoking, hours
Summary
Two Norfolk restaurant operators have asked for conditional use permits to add alcohol sales and live entertainment. The Planning Commission recommended approval for both by 6-0 votes; council members at the Oct. 7 work session pressed staff on outdoor smoking, proximity to residences, sunset clauses and ABC rules that can affect operating hours.
Two Norfolk restaurants — Waxy Restaurant Lounge at 630 Fifth Street (the former Croker/Brickson’s site) and Big Boss Burritos at 905 East Ocean View Avenue — were briefed to the City Council on Oct. 7 after the Planning Commission recommended approval of conditional use permits for both operations.
For Waxy Restaurant Lounge, staff said the applicant proposes on- and off-premises alcohol sales, live entertainment (karaoke, live bands, trivia, poetry and comedians) and a total capacity of about 140. The operator has removed outdoor dining seating and proposes to use a rear outdoor area for a smoking area. Planning staff noted that the zoning ordinance does not allow outdoor seating in that specific location, and they estimated roughly 30 feet of separation, including sidewalks and a drive aisle, between the smoking area and adjacent residential units above nearby development. Planning Commission recommended approval 6-0; the commission proposed a two-year sunset on the entertainment/alcohol authorization as a first-time operation.
Council members asked whether the smoking area could be limited to particular products (for example, cigars but not vaping). Staff said limits would need a rational-basis justification and that council could require such a condition or seek the applicant’s agreement. Staff also cautioned that complaints alone do not necessarily constitute a violation of CUP terms and that revocation of a CUP requires a finding of violation of the permit’s conditions.
Big Boss Burritos, an existing restaurant, sought to add on- and off-premises alcohol sales and karaoke with mostly limited hours. Staff said the applicant proposes to keep current capacity, limit most outdoor entertainment to end by 10 p.m. to meet noise rules, and to operate extended hours on Friday and Saturday (11 a.m. to 1 a.m.). Planning Commission recommended approval 6-0 and noted a letter of support from a neighborhood civic group identified in the record.
Council and staff discussed ABC (Alcoholic Beverage Control) requirements and how an ABC application could affect hours: staff said that if an establishment applied for certain alcohol authority, state ABC rules could require closing the entire operation at 5 p.m. unless other approvals are secured, and they advised confirming that interpretation with ABC. Several council members suggested allowing restaurants to open and establish regular hours before expanding into alcohol sales.
Next steps: both CUPs were presented as Planning Commission recommendations and will be returned to the City Council on a future docket for formal action; staff said they will follow up on specific questions about outdoor smoking limits and ABC-hour consequences.
