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157 <br /> <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. 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 />h. RESOLUTION: Renewing cafe permit for Miller's <br /> <br /> WHEREAS, Steve Tharp, owner of Miller's restaurant, has <br />applied to City Council for a permit to operate an outdoor <br />cafe on the pedestrian mall in the 100 block of West Main <br />Street, in connection with ~he operation of its duly licensed <br />restaurant at 109 West 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 Steve Tharp, or his assignee, is <br />hereby granted a permit to operate an outdoor cafe on the <br />pedestrian mall in the 100 block of West Main Street, subject <br />to the following conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1996, 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 /> <br /> <br />