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California Burrito owner plans to file an appeal in court after Norfolk city officials pull his permit

Jon Babineau represents the business. He said council members denied his proposal to have the business operate as an upscale restaurant that closes at midnight.

NORFOLK, Va. — California Burrito is now the fourth Downton Norfolk business to lose its conditional use permit (CUP) in recent months. Norfolk city council members voted to pull the permit at a Tuesday meeting.

It joins Scotty Quixx and Legacy Restaurant & Lounge, which had their conditional use permits revoked in September. Culture Lounge and Restaurant lost its permit in December 2021.

“Council has not made any statements as to why they did what they did, they haven’t come up with any vision for Downtown Norfolk,” said attorney Jon Babineau, who represents the business.

During Tuesday night's meeting, one of Norfolk’s city attorneys told city council members California Burrito operated an attached nightclub called "The Back" that has received multiple occupancy violations over the last two years.

Babineau said council members denied his proposal to have the business operate as an upscale restaurant that closes at midnight.

“It is a little troubling to me that when a city is making a decision to put 20+ people out of work that there isn’t a more thoughtful consideration,” Babineau said.

13News Now called each council member to ask about their vision for the Downtown area and only Mayor Kenny Alexander answered. He said this enforcement is nothing new and that in September he laid out long-term and short-term plans to tackle violence in the city.

He said short-term tactics include the following:

  • Enforcement
  • Cameras
  • Innovation and technology
  • License plate readers
  • Lighting
  • Increase police visible presence, pay & benefits
  • Focused, Measured and Equitable Code, Drug, CUP and Traffic& Parking Enforcement.

And he said these are the long-term strategies officials are focused on:

  • Community Engagement, Education and Training with non-traditional leaders.
  • Cooperation with neighborhood community-based civic, social, and faith-based organizations.
  • Collaboration and Communication with local, state and federal agencies and partners.
  • Focused, Measured and Equitable Intervention and Prevention programs and services to strengthen social safety.

Downtown Norfolk Civic League President Lelia Vann said she thinks permit enforcement is turning the area around.

“Let the businesses know they are serious about the CUPs,” Vann said. “I can already tell a difference. I feel safer already going out around town.”

Vann doesn’t think city council members will have many more permits to review.

“We always said there were just a few bad actors. We never said there were a bunch.”

Babineau said the owner of California Burrito plans to fight for his permit back.

“We met this morning and he has conclusively decided he does want me to file an appeal to the circuit court,” Babineau said.

In the meantime, Babineau said his client has to apply with the City of Norfolk to operate his business as a restaurant without alcohol. He said California Burrito would have to close at midnight.

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