Portsmouth council adopts resolution to revoke Bar 9’s conditional use permit after council finds conditions unmet; owner and counsel oppose action

Portsmouth City Council on Dec. 17 considered and adopted a resolution to revoke conditional use permit UP2503 for an entertainment establishment commonly known as Bar 9 at 2012 Victory Boulevard, after city staff told the council that a majority of the permit’s conditions remain unmet.

Renata Brown, the applicant and owner, told the council she opposes revocation and said Bar 9 "didn't have anything to do with the incident that occurred on that day" and that the business cooperated with the ABC board and detectives. Her attorney, Tim Anderson, told the council the fatal shooting that led to the review occurred in a parking lot and involved a 19-year-old he said "had nothing to do with Bar 9," arguing that documentary and technical filing issues do not warrant shutting the business down.

City staff, represented in discussion by City Manager Scott Carter and zoning official Dr. Russell, said the original conditional use permit was approved by resolution R2524 on 08/26/2025 and that, as of the hearing, 12 of the permit’s required items were noncompliant. Dr. Russell stated the security-plan-related submittals were incomplete and had not been considered by the zoning administrator; she explained that a complete compliance package and a zoning clearance are required before an entertainment business can receive full operating authority and an amended business license.

Council members pressed staff on whether the applicant had been notified about deficiencies. Counsel and the applicant asserted that the zoning defects had not been communicated to Ms. Brown; Tim Anderson asked the council to consider deferring action or placing conditions to allow Brown to cure the defects rather than revoking the permit.

After closing the public hearing and hearing council questions and statements, Councilman Hugo moved to adopt the revocation resolution; the motion was seconded and the clerk announced, "This item is adopted" (the transcript does not provide a clear vote tally for this specific motion). The resolution’s stated legal basis in the hearing language was noncompliance with one or more conditions under section 40.2-5331 of the Portsmouth zoning ordinance.

The council’s action removes the conditional use authorization for entertainment as granted under UP2503 until and unless compliance is reestablished through the city’s zoning clearance and business-license process. The transcript records staff description of the compliance process but does not specify enforcement steps, appeal rights, or an immediate effective date for the revocation.

What happens next: The transcript does not record a timeline for enforcement, nor does it show whether the council attached conditions, a delay, or a specific deadline for Brown to apply for zoning clearance or an amended business license. The hearing record indicates disagreement between the applicant and staff about whether communication about deficiencies had occurred.

Quotes used in this article are drawn directly from the hearing: "Bar 9 didn't have anything to do with the incident that occurred on that day," said Renata Brown; and "This was an event that happened in the parking lot of an establishment that the business owner had nothing to do with," said Tim Anderson. Dr. Russell described the submittal as "incomplete and not considered."