1983-07-05 - Laserfiche WebLink

Home Browse Search

by Council on six months' notice for a public purpose. Dr. Hall moved to amend and adopt the resolution, Mrs. Gleason seconded, and the following resolution was unanimously~ approved as amended: WHEREAS, SMER, Inc. has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall in the 100 block of West Main Street, in connection with the operation of its duly licensed restaurant at 109 West Main Street; and . WHEREAS, this Council ~finds that the proposed outdoor cafe is in keeping with the inten.t of the pedestrian mall, can add significantly to successful commerce in the downtown area, will not unreasonably restrict the movement of pedestrian traffic and will not endanger the public health, safety or welfare; now, therefore, be it RESOLVED, that SMER, Inc. is hereby granted a~permit to o~erate an outdoor cafe on the pedestrian mall in the 1'00 block of West Main Street, Subject to the following conditions and terms: 1. The permit shall be valid from its adoption until November' 30., 1987, for operation of the cafe during the months of March through November. Not later than November 30 of each year, the operators shall remove from public property all furniture and equipment used for such cafe operation· 2. The'cafe shall be operated only in the areas designated as Areas A and B on the attached sketch which is incor- porated by reference in this resolution· No cafe furnishings or equipment shall be permitted to obstruct the area designated as a fire lane running between Areas A and B on such 'sketch· The designated areas shall be clearly delineated' by the use of a combination of chains, planters and barriers of a design to be finally approved by the City Manager· The City Manager shall likewise approve final designs for the cafe furniture, awnings or canopies and other fixtures or equipment to be used for operation of the cafe, including the method, i£ any, by which such items will be anchored, to prevent permanent damage to the mall surface and to ensure that the cafe is compartible with the mall design, . The cafe shall be operated in full conformity with all State health and alcoholic beverage control regulations. No food preparation shall be permitted on the mall. The Operators Shall promptly remove all fOod dishes and utensils-after each customer has left and shall thoroughly clean the entire cafe after close of business each day. The City Manager shall have the right to require the operators to use only non-disposable dishes, Utensils and napkins in the cafe area, in the event the City Manager determines that the use of .paper or plastic tableware or napkins is contributing to litter problems in the mall area. Within the~designated cafe areas, the operators shall have the right to limit access and occupancy only to bonafide paying customers of their restaurant who are behaving mn a lawful manner and shall have the same right to deny admission or service as they-exercise on their own premises. However, no person shall be denied access or service to the cafe on the basis of race, religion, national origin, sex or physical handicap~ Operators may permit musical entertainment in the cafe area, provided it is limited to unamplified vocal o~ instrumental p.erformances and does not occur after 12:00 a.m. or before noon. By accepting this permit, the operators agree'.to indemnify the City and hold it harmless from.all claims for injuries or damages of any kind whatsoever arising out of their occupancy of the public right-of-way or operation of the cafe. The operators shall maintain in force during the term of this permit public liability insurance with a minimum of $300,000 single.-limit coverage and shall furnish the City Attorney with satisfactory evidence, of such coverage. This permit may be revoked by City Council at--any time after a hearing conducted at any regular meeting, provided the operators have been notified of the hearing by written notice delivered to theirplace of business at least five days before such meeting, if the Council finds that the operators are violating the terms of the permit or that the continued operation of the cafe poses a threat to the public health, safety and' welfare or constitutes a public nuisance. This permit may further be revoked at any time upon six months' notice to the operator, for any public purpose as determined by the Council.