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233 <br /> <br /> W!iEREAS, in conjunction Mth the opening celebration, Pinchas Zukerman will <br />present a free recital for over 800 children from the Chariottesv/lle and Albemarle County <br />school system. <br /> <br /> NOW, THEREFORE, we the City Council of the CiW of Char!ottesvi!ie, do hereby <br />proclaim the week of September 25, 1995 as 'TUESDAY E¥~NING CONCERT SERiE~ <br />WEEK," and encourage our citizens and smdent, s to take advantage of the cultural activities <br />provided by the Tuesday Evening Conce~ Series~ <br /> <br />ORDINANCE: "AN ORD!NANCE CLOSiNG, VACATk-NG AND <br />DISCONTINUING AN ALLEY BEHIND 919-923 EAST MARKET STREET" <br />(2nd reading) <br /> <br /> Mr. Toscano pre~nted the "Tuesday Evening Concert Series" proclamation to _Mr. <br />_Michael Latsko <br /> <br />RESOLUTION: APPROVFNG SIDEWALK CAFE FOR HAMILTON'S RESTAURANT <br /> <br /> _.Mr. Toscano said that the owmers of Hamilton's Restau. rant have requested that the cafe <br />permit_, be effective March t, 1996. <br /> <br /> On morion by Rev. Edwards, seconded by Ms. Daughe~y, Council unanimously <br />approved the sidewalk cafe for Ha__rrfikoffs Restaurant, with an effective date of March !, <br />1996_ <br /> <br /> Wi!EREAS? William and Ka~Pa-yn Hamilton, d/b/a Hamilton's of Charlottesville, <br />has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall at <br />! 0 ! West Main Street in com~_ection with the operation of ks duly licensed restaurant <br />(Hamilton's); and <br /> <br /> WHEREAS, t_his Council finds that the proposed outdoor cafe is in keeping with the <br />intent of the pedestrian ma!l, can add sig_nlficantly to successful commerce in the downtown <br />area., will not u_nreasonab!y restrict the movement of pedestrian traffic and will not endanger <br />the public health, safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that. William and Kathryn Hamilton are hereby granted a permit to <br />operate an outdoor cafe on the pedestrian mall at 10! West Main Street, mbject to the <br />following conditions and temps: <br /> <br /> !. The permit shall be valid from its adOption (or effective date if different from the <br />date of adoption) until November 30: 1998, for operation of the cafe during the months of <br />March t_~ough November. Not later than November 30 of each year, the operator shall <br />remove from public property all furnkum and equipment used for such cafe operation. <br /> <br /> 2. The cafe shall be operated only in the designated area shown on the attached sketch. <br />The cafe shall be in operation only duri~ng the hours the restaurant is o~en. No <br />fi.1mishings or equipment shall be perm_itted to obstruct any fire lane: ~he designated area of <br />operation shall be clearly delineated by the use of a combination of trees, fences, Planters and <br />barri'ers. <br /> <br /> 3. The cafe shall be operated in fi~_l! conformity with al! State heakh and alcoholic <br />beverage control regulations. No food preparation shall be permitted on the mail. The <br />operator shall remove promptly all food dishes and utensils after each customer has le~ and <br />shall clean thoroug_h!y the emire cafe after the close ofbuhness each day. The City Manager <br />shall have the right to require the operator to use only non-disposable ~shes, utensils and <br />napkins in the cafe area, in the evem the City Manager determines that the use of paper or <br />plastic tableware or napkins is contributing to litter problems in the mall area.. <br /> <br /> 4. ~W~t~n the designated cafe area, the operator shall have the _right. to limit access and <br />occupancy only to bona fide pacng customers of the restaurant who are behaving in a ta~wfu! <br /> <br /> <br />