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109 <br /> <br />by May 15th and not in substantial operation for a period of <br />more than 30 days. <br /> <br /> On motion by Mr. Barnes, seconded by Mr. Towe, the <br />resolution renewing the outdoor cafe permit for the Hardware <br />Store Restaurant was unanimously approved by Council. <br /> <br /> WHEREAS, Rockford Corporation has applied to City <br />Council for a permit to operate an outdoor cafe on the <br />pedestrian mall in the 300 block of East Main Street, in <br />connection with the operation of its duly licensed restaurant <br />at 316 East Main Street (Hardware Store Restaurant); 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 Rockford Corporation is hereby <br />granted a permit to operate an outdoor cafe on the pedestrian <br />mall in the 300 block of East Main Street, subject to the <br />following conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1990, 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 shown <br />on the drawing attached, which is incorporated by reference <br />in this resolution. 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 /> 3o 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 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 of twenty-five <br />dollars for the processing of this permit. City Council <br />reserves the right, upon sixty days notice to the operator, <br />to begin charging a reasonable rent for its occupancy of the <br />public property upon which the cafe is located. <br /> <br /> 6. Operators may permit musical entertainment in the <br />cafe area, provided it is limited to unamplified vocal or <br />instrumental performances and does not occur after 12:00 a.m. <br />or before noon. <br /> <br /> 7. By accepting this permit, the operator agrees to <br />indemnify the City and hold it harmless from all claims for <br />injuries or damages or any kind whatsoever arising out of its <br /> <br /> <br />