THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, July 28, 1994 TAG: 9407280535
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY TONI WHITT, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 58 lines
Lawrence J. Ross was hoping a technicality would help him dance around a new city ordinance designed to deter go-go bars.
But the city's Zoning Board of Appeals, while admitting mistakes had been made in his case, refused to grandfather Ross' business on the 4000 block of George Washington Highway to allow him to bring dancers to Cradock.
The issue revolved around timing. Ross argued that he could have beaten the ordinance's deadline had he not been incorrectly told by a zoning administrator that it was already too late.
Ross spent most of the spring improving a building on George Washington Highway in hopes of opening the new go-go bar.
But on April 26, the City Council passed an ordinance that requires ``adult establishments'' such as bars, strip clubs, lap dancing clubs and go-go bars to get a use permit before they can open. The law bans such businesses within 500 feet of residential areas.
Ross was still working on the property when the council passed the ordinance. It took effect one month later.
But on April 27, the zoning administrator drove to Ross' property to tell him he wouldn't be able to operate a go-go bar anymore.
Ross said Wednesday that he continued to work on his building anyway, believing he could be in business before the ordinance took effect.
When Ross went to get his city business license on May 24, though, the city zoning administrator told him the license was for a restaurant only - meaning Ross couldn't operate his go-go bar. Ross didn't bring in the dancers.
``The intent of the city was no more go-go operations,'' said Steven Lieberman, Ross' attorney. ``But he got in before the deadline. The city can prevent future go-go bars, but they can't do it here.''
A number of Cradock residents turned out to try to keep the bar from opening.
``This was someone who knew for months what was coming,'' said Morton Whitlow, an attorney representing the residents. ``He didn't have an ABC license, there was no sign permit, he didn't have a restaurant permit. Nothing indicates he wanted to open right away. The bottom line is he's asking you to grandfather him in now for a go-go bar.''
The appeals board Wednesday admitted the zoning administrator misspoke in April when he said that Ross couldn't operate a go-go bar at the site. The board said the administrator shouldn't have told Ross three days before the ordinance took effect that Ross' permit was for a restaurant only.
But the board refused to overrule the administrator. Ross may apply for a use permit, which requires a public hearing before City Council, or take the matter to court, they said.
``People much wiser than us, a judge, can make that decision,'' said board member Darell Sayer. by CNB