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251 <br /> <br /> 11. This permit shall not be assigned without the - <br />express permission of City Council. <br /> <br /> WHEREAS, Nowell's Catering and Lunch has applied to <br />City Council for a permit to operate.an outdoor cafe on the <br />pedestrian mall at 414 East Main Street, in connection with <br />the operation of its duly licensed restaurant (Nowell's <br />Restaurant); 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 Nowell's Catering and Lunch is hereby <br />granted a permit to operate an outdoor cafe on the pedestrian <br />mall at 414 East Main Street, subject to the following <br />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 />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 />the basis of race, religion, national origin, ex, 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 k±nd 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 /> <br /> <br />