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constitutes a public nuisance; or (d) if by June 1st in any <br />calendar year covered by this permit, the outdoor cafe has <br />not been in substantial operation for a period of 60 days, or <br />if the cafe ceases operation for a period of 30 days or more <br />prior to Labor Day of any year. <br /> <br /> 9. This permit may be revoked at any time upon six <br />months' notice to the operator, for any public purpose as <br />determined by the City Council. <br /> <br /> 10. Approval of this permit is conditioned upon the <br />applicant's continued compliance with the plans previously <br />approved by the Board of Architectural Review. <br /> <br /> 11. This permit shall not be assigned without the <br />express permission of City Council. <br /> <br />RESOLUTION: APPROVING CAFE PERMIT FOR BUDDY'S BARBECUE <br />(414 E. MAIN STREET) <br /> <br /> On motion by Rev. Edwards, seconded by Ms. Daugherty, <br />the resolution approving the cafe permit for Buddy's Barbecue <br />was unanimously approved by Council. <br /> <br /> WHEREAS, Christopher Savvides, owner of Buddy's Barbecue <br />Restaurant, has applied to City Council for a permit to <br />operate an outdoor cafe on the pedestrian mall in the 400 <br />block of East Main Street, in connection with the operation <br />of its duly licensed restaurant at 414 East Main Street; 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 to welfare) now, therefore~ <br /> <br /> BE IT RESOLVED that Christopher Savvides, or his <br />assignee, is hereby granted a permit to operate an outdoor <br />cafe on the pedestrian mall in the 400 block of East Main <br />Street, subject to the fOllowing conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1995, 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 designated <br />area shown on the attached sketch. No cafe furnishings or <br />equipment shall be permitted to obstruct any fire lane. The <br />designated area of operation shall be clearly delineated by <br />the use of a combination of trees, fences, planters and <br />barriers. <br /> <br /> 3. 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 /> <br /> <br />