Laserfiche WebLink
271 <br /> <br /> Ms. Slaughter stated that she intended to support~the <br />resolution since she had been assured by the restaurant owner <br />that they will be careful not to interfere with pedestrian <br />passage on their way to and from the cafe. <br /> <br /> On motion by Mr. Toscano, seconded by Mr. Vandever, the <br />resolution approving the outdoor cafe for Chubby's <br />Restaurant, as amended to restrict its hours of operation to <br />those times that Fridays After Five is in the location where <br />it is currently operating on the west end of the mall, was <br />unanimously approved by Council. <br /> <br /> WHEREAS, Chubby's Inc.~ has applied to City Council for a <br />permit to operate an outdoor cafe on the pedestrian mall in <br />the 400 block of East Main Street, in connection with the <br />operation of its duly licensed restaurant at 414 East Main <br />Street (Chubby's); and <br /> <br /> WHEREAS, this Council finds that the proposed outdoor <br />cafe is in keeping with the intent of the pedestrian mall, <br />can add significantly to successful commerce in the downtown <br />area, will not unreasonably restrict the movement of <br />pedestrian traffic and will not endanger the public health, <br />safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that Chubby's Inc., or its assignee, is <br />hereby granted a permit to operate an outdoor cafe on the <br />pedestrian mall in the 400 block of East Main Street, subject <br />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. By <br />mutual agreement between Chubby's, Inc. and the <br />Charlottesville Downtown Foundation, the cafe shall not be in <br />operation between-the~hours of 5:00 p.m. and 9:00 p.m. on <br />those Friday evenings when Fridays After Five is~taking <br />place. The permit hereby granted is conditioned upon <br />compliance with such agreement by the permitee. <br /> <br /> 2. The cafe shall be operated only in the area shown on <br />the attached sketch. No cafe furnishings or equipment shall <br />be permitted to obstruct any fire lane. The designated area <br />of operation shall be clearly delineated by the use of a <br />combination of trees, fences, planters and barriers. <br /> <br /> 3. .The cafe shalt 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,s-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 own 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 or~ <br />physical handicap. <br /> <br /> 5.- The operator shall pay.a one-time fee for the <br />processing of this~permit. City Councilreserves 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 /> <br /> <br />