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Resolution re: <br />Granting special <br />permit for sidewalk <br />cafe on the mall <br /> <br /> Mr. Hendrix stated that George and Richard Cason, owners <br />and operators-of T~e Muae Restaurant~on the downtown mall, <br />have requested a special permit to operate an outdoor, sidewalk <br />cafe on the mall during the summer and early fall months. The <br />City staff haa prepared.a resolution granting this special <br />permit as well as an ordinance that would cover similar <br />requests in the future. Dn motion by-Mr. Buck, seconded by <br />Mr. Albro, the following resolution was unanimously adopted: <br /> <br /> WHEREAS George and Richard Cason have applied to City Council <br />for a permit to operate an outdoor cafe on the pedestrian mall <br />in the 100 block of West Main Street, in connection with the <br />operation of their duly licensed restaurant at 109 West Main <br />Street; and <br /> <br /> WHEREAS this Council finds~ that the proposed outdoor cafe is <br />in keeping-with the intent of the pedestrian mall, can add <br />significantly to successful commerce in the downtown area, <br />will not unreasonably restrict the movement of pedestrian traffic <br />andwilt not endanger the public health safety or welfare; now <br />therefore, be it ' ' <br /> <br /> RESOLVED that George and Richard Cason, trading as The <br />Muse Restaurant, are hereby granted a permit to operate an <br />outdoor cafe on the pedestrian mall in the 100 block of West <br />Main~Street, subject to the following terms and conditions: <br /> <br />The permit shall be valid from its adoption until <br />November 30, 1982, for operation of the cafe during. <br />the months of March through November. Not later <br />than November 30 of each year, the operators shall <br />remove from public property all furniture and <br />equipment used for sugh cafe operation. <br /> <br />The cafe shall be operated only in the areas designated <br />as Areas A and B on the attached sketch which is <br />incorporated by reference in this resolution. No cafe <br />furnishings or equipment shall be permitted to obstruct <br />the area designated as a fire lane running between Areas <br />A and B on such sketch. The designated areas shall be <br />clearly delineated by the use of a combination of chains, <br />planters and barriers of a design to be finally approved <br />by the City Manager. <br /> <br />The City Manager shall likewise approve final <br />designs for the cafe furniture, awnings or canopies <br />and other fixtures or equipment to be used for <br />operation of the cafe, including the method, if any <br />by which such items will be anchored to prevent <br />permanent damage to the mall surface and to ensure <br />that the cafe is compatible with the mall design. <br /> <br />The cafe shall be operated in full conformity with <br />all State health and alcoholic beverage control <br />regulations. No food preparation shall be permitted <br />on the mall. The operators shall promptly remove <br />all food dishes and utensils after each customer <br />has left and shall thoroughly clean the entire <br />cafe area after the close of business each day. <br />The City Manager shall have the right to require <br />the operator to use only'non-disposable dishes, <br />utensils and napkins in the cafe area, in the <br />event the City ~Manager determines that the use of <br />paper or plastic tableware or napkins is contri- <br />buting to litter problems in the mall area. <br /> <br />Within the designated cave ~reas, the operators <br />shall have the right to limit access and occupancy <br />only to bOnafide paying customers of their restaurant <br />who are behaving in a lawful manner and shall have <br />the same right to deny admission or service as they <br />exercise on their own'premises. However, no person <br />shall be denied access or service to the cafe on <br />the basis of race, religion, national origin, sex <br />or physical handicap. <br /> <br />Operators may permit musical entertainment in the <br />cafe areas, provided it is limited to unanplified <br />vocal or instrumental performances and does not <br />occur after 12:00 a.m. or befOre noon. <br /> <br />By accepting this permit, the operators agree to <br />indemnify the City and hold~it harmless from all <br /> or damages of any kind whatsoever <br /> <br />Claims for <br />arising ou <br />of-way or <br />maintain i~ <br />public lia' <br />single lim <br /> <br /> injuries <br />t of their occupancy of the public right- <br />~peration of the cafe. The operators shall <br />~ force during the term of this permit <br />)ility insurance with a minimum of $300,000 <br />it coverage and shall furnish the City <br /> <br />271 <br /> <br /> <br />