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102 <br /> <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 that 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 />the basis of race, religion, national origin, sex, age or <br />disability. <br /> <br /> 5. The operator shall pay a one-time fee for the <br />processing of this permit. City Council reserves the right, <br />upon sixty days notice to the operator, to begin charging a <br />reasonable rent for its occupancy of the pUblic property upon <br />which the cafe is located. <br /> <br /> 6. Operators may permit musical entertainment in the <br />cafe area, provided it is limited to unamplified vocal or <br />instrumental performances and does not occur after 12:00 a.m. <br />or before noon. <br /> <br /> 7. By accepting this permit, the operator agrees to <br />indemnify the City and hold it harmless from all claims for <br />injuries~or damages~of any kind whatsoever arising out of its <br />occupancy of the public right-of-way or operation of the <br />cafe. The operator shall maintain force during the term of <br />this permit public liability insurance with a minimum of <br />$1,000,000 single limit coverage. The policy shall name the <br />City as an additional insured as its interests may appear an <br />be in a form approved by the City Attorney. <br /> <br /> 8. This permit may be revoked by City Council at any <br />time after a hearing conducted at any regular meeting, <br />provided the operator has been notified of the hearing by <br />written notice delivered to its place of business at least <br />ten days before such meeting, if the Council finds: (a) that <br />the operator is violating the terms of the permit; (b) is <br />delinquent in paying rent which may subsequently be imposed <br />hereunder; (c) that the continued operation of the cafe poses <br />a threat~to the public health, safety or welfare or <br />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. The cafe area shall not occupy more than fifty <br />percent (50%) of the usable width of the sidewalk. The <br />cafe, together with the restaurant which serves it, shall be <br />closed between the hours of 2:00 a.m. and 6:00 a.m. of each <br />day. During such closure all cafe chairs shall be either <br />removed from the sidewalk and stored indoors, or chained or <br />otherwise secured in a manner making them unusable. <br /> <br /> 11. This permit shall not be assigned without the <br />express permission of City Council. <br /> <br /> WHEREAS, Stuart Rifkin, operator of the Main Street <br />Grill restaurant, has applied to City Council for a permit to <br />operate an outdoor cafe in connection with the operation of <br /> <br /> <br />