NORFOLK, Va. (WAVY) — The Norfolk City Council will consider revoking Legacy Restaurant and Lounge’s right to operate at its meeting Tuesday night.

In an agenda posted late Thursday, it’s stated the facility’s nightclub permit is in jeopardy for “failure to adhere to the conditions contained in the permit.”

The meeting comes more than a month following a shooting that occurred outside Legacy which injured four people including a Norfolk Sheriff’s Deputy.

If City Council does vote to revoke Legacy’s permit, it will be the third nightclub shut down by City Council within the last year. All three, minority owned.

In a statement, Chris Jones, a spokesperson for the City of Norfolk, said the violations had to do with security the night of the shooting.

“Legacy’s Conditional Use Permit (CUP) requires it to provide uniformed security officers tasked with controlling and containing patrons, and peacefully and effectively resolving dangerous situations to prevent injuries,” Jones said. “A police investigation and accompanying social media footage of events occurring within and near Legacy this Aug. 5 revealed no uniformed security were within the business while a patron, Tyshawn Gray, was restrained and dragged by his neck and clothing. Following that altercation, Legacy staff moved patrons out of the nightclub and into the neighborhood’s streets, where Mr. Gray then fired several rounds into the crowd, striking four victims. As a result of these actions, the City proposes Legacy’s CUP be revoked.”

25-year-old Tyshawn M. Gray of Norfolk has since been charged in connection with the shooting. Gray has been charged with one count of aggravated assault of a law enforcement officer, three counts malicious wounding, four counts use of a firearm, and one count of discharging a firearm in public.

Video obtained by 10 On Your Side following the shooting shows Gray being dragged out of the club following a fight.

After the shooting, Norfolk City Manager Chip Filer said establishments in the downtown area should not claim immunity for actions that happen outside their establishment and that they should expect to be called to speak with City Council about why their business should stay in the area.

On Monday, Marcus Calabrese, speaking for Legacy Lounge released the following statement:

“We have accepted the invitation made by City Manager Filer during a recent news broadcast,” Malabrese said. “We look forward to explaining our reasons for selecting the City of Norfolk as the home for Legacy Lounge before the City Council. As the owners of Legacy Lounge, we selected Downtown Norfolk willingly and collaboratively. It is for that reason we have extended a standing invitation for a tour and meeting with our ownership team to the elected and civic stakeholders who share our interest in a successful, vibrant, and safe Downtown prior to any decision that would be made without dialogue.”