1995-10-02 - Laserfiche WebLink

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243 shall clean thoroughly the entire cafe after the close of business each day. The City Manager shall have the right to require the operator 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. 4. Within the designated cafe area, the operator shall have the right to limit access and occupancy only to bona fide paying customers of the restaurant who are behaving in a lawful manner and shall have the same right to deny admission or service :as it exercises on Rs own premises: However, no person shall be denied admission to or service at the cafe on the basis of race, religion, national origin, ex, age or disability. 5. The operator shall pay a one-time fee for the processing ofthis permit. City Council reserves the right, upon sixty days notice to the operator, to begin charging a reasonable rent for its occupancy of the public property upon which the cafe is located. 6. Operators may permit musical entertainment in the cafe area, provided it is limited to unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before noon. 7. By accepting this permit, the operator agrees to indemnify the City and hold it harmless from all clairns for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the cafe. The operator shall maintain force during the term of this permit public liability insurance with a minimum of $ t,000,000 single limit coverage. The policy shall name the CRy as an additional insured as its interests may appear an be in a form approved by the City Attorney. 8. This permit may be revoked by City Council at any time after a hearing conducted at any regular meeting, provided the operator has been notified of the hearing by written notice delivered to its place of business at least ten days before such meeting, if the Council finds: (a) that the operator is violating the terms of the permit; (b) is delinquent in paying rent which may subsequently be imposed hereunder; (c)that the continued operation of the cafe poses a threat to the public health, safety or welfare or constitutes a public nuisance; or (d) if by June 1 st in any calendar year covered by this permit, the outdoor cafe has not been in substantial operation for a period of 60 days, or if the cafe ceases operation for a period of 30 days or more prior to Labor Day of any year. 9. This permit may be revoked at anY time upon six monthS' notice to the operator, for any public purpose as determined by the City Council. 10. Approval of this permit is conditioned upon the applicant's continued compliance with the plans previously approved by the Board of Architectural Review. 1 I. This permit shall not be assigned without the express permission of City Council. 12. This permit shall be effective as of March 1, 1996. d. RESOLUTION: Approving sidewalk cafe for Blimpies Restaurant WHEI~AS, Mr. Allen Doukan, d/b/a Blimpies Restaurant, has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall at 112 West Main Street connection with the operation of his duly licensed restaurant (Blimpies); and WHEREAS, this Council finds that the proposed outdoor cafe is in keeping with the intent 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 to welfare; now, therefore, BE IT RESOLVED that Allen Doukan is hereby granted a permit to operate an outdoor cafe on the pedestrian mall at 112 West Main Street, subject to the following conditions and terms: