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105 <br /> <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 anyiregular 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) t!hat 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 amanner making them unusable. <br /> <br /> 11. This permit shall not be assigned without the <br />express permission of City Council. <br /> <br /> WHEREAS, David Pait, operator of the Macado's <br />restaurant, has applied to City Council for a permit to <br />operate an outdoor cafe in connection with the operation of <br />the duly licensed restaurant at 1505 University Avenue; and <br /> <br /> WHEREAS, this Council finds that the proposed Outdoor <br />cafe can add significantly to successful commerce in the <br />University Corner area, will not unreasonably restrict the <br />movement of pedestrian traffic and will not endanger the <br />public health, safety to we!fare~ now, therefore, <br /> <br /> BE IT RESOLVED that David pait, or her assignee, is <br />hereby granted a permit to operate an outdoor cafe at 1505 <br />University Avenue, subject to the following conditions and <br />terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />December 31, 1993, for operation of the cafe. <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 /> <br />