Portsmouth to raise the bar on entertainment permits process

PORTSMOUTH

Since Charles Greenhood opened Brutti's Restaurant on Court Street more than eight years ago, he's hosted weddings with bands and jazz events for TodiMusicFest.

So he said he was surprised when restaurateur Terry Webb told him that Portsmouth required an entertainment permit to host music and other events there. Webb is renting a building from Greenhood at 509 High St., where he plans to open a restaurant and lounge called Rest.

Greenhood, who has his own plans to expand and host more events on the three floors above Brutti's, said he, too, was told that he needs a permit.

Both men must now wait to see whether they can obtain the permits from City Council. However, some planning commissioners said recently that the city needs to be consistent when it reviews entertainment applications. Portsmouth planners are currently working on guidelines for entertainment downtown.

In July, the Planning Commission narrowly voted to recommend that the council approve Webb's use permit.

Some commissioners and downtown business owners had questioned whether the venue would bring unruly crowds downtown as a nightclub called David's II did in the 1990s. David's II was shut down by court order.

"They're all expecting a major club to open, and there's going to be rioting and craziness in the streets," Greenhood said. "And that's just not going to happen."

Greenhood pointed out that several downtown restaurants that don't have permits are hosting entertainment and questioned whether some restaurateurs are worried about new competition. Other commissioners welcomed the idea of another downtown entertainment spot.

Earlier this month, the commission voted 6-0 to approve Greenhood's request for an entertainment permit at 467 Court St., where Brutti's is housed. Greenhood plans to open banquet halls on the second and third floors of the building and a wine room on the fourth floor. The council is expected to review his request next month.

The council is scheduled to vote on Webb's permit tonight.

Deputy City Manager Paul Holt wrote in an e-mail that new entertainment guidelines will be a focus of the downtown master plan and waterfront development strategy that are being developed over the next nine to 12 months.

Portsmouth currently has 12 active-use permits for entertainment establishments throughout the city, according to information provided by the city's Planning Department. Portsmouth defines an entertainment establishment as a place where entertainment is provided or that can be rented for events with entertainment or dancing.

These establishments also may charge admission and house a dance floor that's larger than 10 percent of its floor space.

However, conditions on the use permits vary, according to the Planning Department. Permits are attached to a site, so a venue could change ownership and the permit would be transferred to a new owner.

Hotels and motels with full-service restaurants also are allowed to host entertainment. Stand-alone restaurants also are permitted to have limited entertainment, according to the department. They can host live performances by one individual with one unamplified instrument or recorded background music.

Dance floors in restaurants cannot exceed 10 percent of the floor space and admission can't be charged.

Shannon Puglisse, an owner of Revolution Restaurant and Lounge, said her venue opened more than a month ago and has hosted DJs and live bands. The Dinwiddie Street venue is attached to the Hawthorn Hotel and is able to provide live entertainment, Puglisse said.

The city needs more than just antique stores and other downtown shops, he said.

"Hopefully, it will become a small Granby Street or a little Ghent," Puglisse said, referring to areas in Norfolk.

Jen McCaffery, (757) 446-2627, jen.mccaffery@pilotonline.com