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131 <br /> <br /> BE IT RESOLVED that the Rockford Corporation, or its <br />assignee, is hereby granted a permit to operate an outdoor <br />cafe on the pedestrian mall in the 300 block of East Main <br />Street, subject to the following conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1993~ for operation of the cafe during~the <br />months of~March through November. Not later than November 30 <br />of each year, the operator shall remove from public property <br />all furniture and equipment used for such cafe~operation. <br /> <br /> 2. The cafe shall be operated only in the areas <br />designated on the attached sketch, and incorporated by ~ <br />reference in this resolution. No cafe furnishings or <br />equipment shall be permitted to obstruct any fire lane. The <br />designated area of operation~shall be clearly delineated by <br />the use of a combination of trees, fences, planters and <br />barriers. <br /> <br /> 3. The cafe shall be operated in full conformity with <br />all State health and alcoholic beverage control regulations. <br />No food preparation shall be permitted on the mall. The <br />operator shall remove promptly all food dishes and utensils <br />after each customer has left and shall clean thoroughly the <br />entire cafe after the close of business each day. The City <br />Manager shall have the right to require the operator to use <br />only non-disposable dishes, utenSils and napkins in the cafe <br />area, in the event the City Manager determines that the use <br />of paper or plastic tableware or napkins is contributing to <br />litter problems in the mall area. <br /> <br /> 4. Within the designated cafe~area, the operator shall <br />have the right to limit access and occupancy only to bona <br />fide paying customers of the restaurant-who are behaving in a <br />lawful manner and shall have the same right to deny admission <br />or service as it exercises on its town premises. ~However, no <br />person shall be denied admission to or service at the cafe on <br />the basis of race, religion, national origin, sex, age lor <br />physical handicap. <br /> <br /> 5. The operator shall pay a one-time fee for the <br /> processing of this permit. City Council reserves~the right, <br /> upon sixty days notice to the operator, to begin~charging a <br /> reasonable rent for its occupancy of the public property upon <br /> which the cafe is located. <br /> <br /> 6. By accepting this permit, the operator agrees to <br />indemnify the City and hold it harmless from all claims for <br />injuries or damages of any kind whatsoever arising out of its <br />occupancy of the public right-of-way.or operation of the <br />cafe. The operator shall maintain in force ~during-the term <br />of this permit public liability ~insurance with a minimum of <br />$1,000,000 single limit coverage and shall furnish the City <br />Attorney with satisfactory evidence of such coverage. <br /> <br /> 7. This permit may-be revoked by City Council at any <br />time after ~a hearing conducted at any regular meeting, <br />provided the operator has been notified of theJ hearing ~by <br />written notice delivered to its place of business at least <br />five days before such meeting, if the Council finds that the <br />operator is violating the terms of the permit, or is <br />delinquent in paying rent which may subsequently b-e imposed <br />hereunder, or that the continued operation of the cafe poses <br />a threat to the public health, safety or welfare or <br />constitutes a public nuisance. <br /> <br /> 8. This permit may be revoked at any time upon six <br />months, notice to the operator, for any public, purpose as <br />determined by the City Council. If by June 1st in any <br />calendar year covered by this permit, the outdoor cafe has <br />not been in substantial operation for a' period of 60 days, <br />the Council may consider revoking this permit upon 15 days <br /> <br /> <br />