NORFOLK, Va - Legacy Restaurant and Lounge says they will not be shutting down, only changing how they operate since they can no longer operate as a nightclub.
In Tuesday's city council meeting, Councilman Smigiel asked the deputy city attorney "If this is revoked, this does not prevent them from operating as a restaurant, correct? They can still operate as a restaurant, just without alcohol?"
Norfolk Deputy City Attorney Malita responded "Correct, they can be open as a restaurant without alcohol under a zoning certificate."
However, a city spokesperson tells News 3 that Legacy’s previous zoning certificate was for a nightclub. The city spokesperson say that was revoked in Tuesday's council meeting statingthe business must remain closed until it obtains a new zoning approval to operate as a restaurant that does not serve alcohol.
Legacy’s operators have not yet filed for a zoning certificate authorizing its use as restaurant without alcohol. The business will need to contact the City’s planning department to begin that process.
Norfolk City Council voted 7-1 to revokeLegacy's conditional use permit. Under a revoked conditional use permit, Legacy cannot serve alcohol nor can they have live entertainment.
"No DJs, no live entertainment, no sale of alcohol and we have to close at 12," Parker said.
Charita Parker, a lead bartender, and manager at Legacy will no longer be bartending.
"In the council meeting, Councilman Paul Reddick did bring up some great points about the businesses in the area being treated fairly. What we want at Legacy is to be treated fairly and equally," Parke said.
Councilman Paul Riddick stated he believes businesses are not all being held to the same standard.
"With closing Legacy and allowing the White club on Granby street where people were killed to stay open. But yet they have not had to come before this council and beg to stay open or close," Riddick said.
In March, three people were shot and killed outside of Chicho's on Granby.
The City of Norfolk released this statement to News 3:
As part of Norfolk’s new Business Compliance Unit, City Zoning staff continues to review restaurants within the city for compliance with applicable regulations. To date, city staff and law enforcement have investigated Chicho’s and have not uncovered evidence of any violation of the requirements outlined in its conditional use permit.
In Tuesday’s city council meeting, Norfolk's Assistant City Attorney showed a video of the shooting suspect, Tyshawn Gray being dragged out of Legacy by ununiformed security on the night of August 5.
"Who removed Tyshawn Gray out of the club that night?" News 3's Leondra Head asked Parker. "Our security did. Tyshawn got out of hand and put another patron in danger so we had to remove him from the club," Parker responded.
Parker stated Grey had an altercation inside Legacy before he was put out.
"He was involved in a situation with another customer to the point where he had that person pinned down to the ground," Parker said.
Legacy says they’ll have to cut staff including bartenders and bottle girls.
"Putting us in a position where we have to only operate as a restaurant eliminates half of the staff jobs," Parker said.
Related: City of Norfolk presses pause on some controversial nightlife regulations, approves others