NORFOLK, Va. — Attorneys for both the City of Norfolk and the ownership of Granby Street's Scotty Quixx finished arguments Thursday afternoon, leaving the immediate future of the downtown nightclub in the hands of a circuit court judge.
The nightclub's ownership is seeking a preliminary injunction over Norfolk City Council's recent decision to revoke its special exception permit this fall. The revocation hearing was called over alleged inconsistent meals tax reporting to the city and the Virginia Alcoholic Beverage Control.
The central argument from the attorneys representing Scotty Quixx is city leaders went against their own ordinances and policies, and claimed "irreparable" harm was done to them by having their ability to operate taken away.
Attorneys claim the Virginia ABC never alleged any meals tax violation against Scotty Quixx, and even if they had, it would make them first-time offenders, granting them the ability to be put on an "Audit List" as well as given a period of time to remedy the issue, which are both things the establishment claims didn't happen.
City attorneys argued back that the noted discrepancies open the possibility there is possible fraud, and that the establishment is run as an "illegal bar."
"Tried to explain to them [the city attorney] it was from discounts from Happy Hour," a co-owner told 13News Now Thursday.
Scotty Quixx is one of several downtown night establishments that have seen their permit revoked in recent months by the city council. This comes after a press conference held by City Manager Chip Filer in which he stated the downtown businesses would need to prove why they deserve to stay in the downtown district.
Scotty Quixx's alleged violations are separate from the public safety concerns which have shuttered other businesses in the city.
A judge is set to rule on whether she'll grant Scotty Quixx's ownership a preliminary injunction of the city council's actions by early next week.
“There’s multiple steps and opportunities for the business to correct and get in compliance if there is a violation. But the city chose not to do that," attorney Richard Ottinger said.