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252 <br /> <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 />RESOLUTION: APPROVING CAFE PERMIT FOR JAZZ CLUB <br /> <br /> Ms. Daugherty raised questions about the feasibility of <br />having the sidewalk cafe operate out of a second floor <br />restaurant~ but Mr. John Craifax, owner of the Jazz Club, <br />stated that other second floor restaurants successfully <br />operate sidewalk cafes. <br /> <br /> A discussion was held about the possibility of use of the <br />sidewalk cafe furniture by other restaurants and Mr. Clyde <br />Gouldman, City Attorney, stated that he felt the language in <br />the resolution restricted the use of the sidewalk cafe to the <br />Jazz Club and if violations were discovered the permit could <br />be revoked. <br /> <br /> On motion by Ms. Daugherty, seconded by Rev. Edwards, the <br />resolution approving a cafe permit for the Jazz Club was <br />unanimously approved by Council. <br /> <br /> WHEREAS, University Markets, Inc., owner of the Jazz Club <br />restaurant, has applied to City Council for a permit to <br />operate an outdoor cafe in connection wi~h the operation of <br />the duly licensed restaurant at 1429 University Avenue (Jazz <br />Club); 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 welfare; now, therefore, <br /> <br /> BE IT RESOLVED that University Markets, Inc. is hereby <br />granted a permit to operate ~an outdoor cafe at 1429 University <br />Avenue, subject 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 />all furniture and equipment used for such cafe operation. <br /> <br />2. The cafe-shall be operated only in the designated <br /> <br /> <br />