NORFOLK, Va - Another business in downtown Norfolk is being forced to shut down. During a hearing Tuesday night, Norfolk City Council revoked the conditional use permit for California Burrito due to overcrowding.
It comes in an effort to curb downtown crime. California Burrito didn't have any violent incidents reports, but it has had capacity violations, according to the city. Its maximum capacity is 49, but the city said it's been caught with 100 people multiple times. The Norfolk Fire Marshal has summoned the owner for overcrowding three times between July 2021 and July 2022.
"Closing down California Burrito, has that made downtown Norfolk safer? Absolutely not," said Jon Babineau, the attorney representing California Burrito.
Babineau said the restaurant will now have to let go of 20 employees. The city council’s move comes as an effort to curb crime downtown. California burrito hasn't had any reports of violent incidents.
"There was never any violence out there. There was never rescues calls there, never any health department violations there. You’re talking about some overcrowding on a few occasions," Babineau said.
The city said California Burrito was caught multiple times with at least 100 people. The Norfolk fire marshal issued a summons for California Burrito due to overcrowding three times between July 2021 and July 2022.
"The fire marshal found a total occupancy of 108, that’s 59 over the occupancy. The history goes to show they cannot be trusted to operate legally." Katherine Taylor, Norfolk's assistant attorney said.
California Buritto proposed to change operating hours from closing at 2 a.m. to a new close time of 11 p.m. and to stop the sale of alcohol at 10 p.m. The restaurant also proposed to not have any entertainment or a DJ.
"There’s no more dance floors, no more nightclub atmosphere. It’s all tables," Babineau said.
Their attorney also proposed to convert the restaurant into a different environment
"He (the owner) would convert to Alabrehe, an upscale Mexican restaurant," Babineau said.
Ultimately, city council chose to revoke California Burrito’s conditional use permit.
News 3 asked California Burrito’s attorney if they plan to take the matter up to court. For now, he said they are still weighing out their options on how to move forward.
California Burrito is the fourth downtown business forced to shut down. In March 2022, five people were shot and three died outside of Chicho'son Granby Street. Then, in August, four people were shot and injured outside Legacy Lounge.
Councilman Paul Riddick and Councilwoman Danica Royster voted to keep California Burrito open.
Babineau confirmed to News 3 the owner of California Burrito will seek judicial review of the council's decision to revoke the conditional use permit in Norfolk Circuit Court. They believe the revocation was not an appropriate reaction to the occupancy citations. Babineau plans to notify the City of Norfolk that California Burrito will continue to operate as a restaurant with no alcohol sales.
Scotty Quixx Lounge & Nightclub, Legacy Lounge and Culture Lounge & Restaurant all had their permits revoked by city council this year. All three were forced to shut down.
