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1994-06-06
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1994
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1994-06-06
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11/16/2001 8:43:00 PM
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11/16/2001 3:41:56 PM
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City Council
Meeting Date
6/6/1994
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Minutes
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282 <br /> <br />each year, the operator shall remove from public property all furniture and equipment used <br />for such cafe operation. <br /> <br /> 2. The cafe shall be operated only in the designated area shown on the attached <br />sketch. No cafe furnishings or equipment shall be permitted to obstruct any fire lane. The <br />designated area of operation shall be Clearly delineated by the use of a combination of trees, <br />fences, planters and barriers. <br /> <br /> 3. The cafe shall be operated in full conformity with all State health and alcoholic <br />beverage control regulations. No food preparation shall be permitted on the mail. The <br />operator shall remove promptly ail food dishes and utensils after each customer has left and <br />shail clean thoroughly the entire cafe after the close of business each day. The City Manager <br />shall have the right to require the operator to use only non-disposable dishes, utensils and <br />napkins in the cafe area, in the event the City Manager determines that the use of paper or <br />plastic tableware or napkins is contributing to litter problems in the mall area. <br /> 4~ Within the designated cafe area, the operator shall have the fight to limit access <br />and occupancy only to bona fide paying customers of the restaurant who are behaving in a <br />lawful manner and shall have the same fight to deny admission or service as it exercises on its <br />own premises. However, no person shall be denied admission to or service at the cafe on the <br />basis of race, religion, national origin, ex, age or disability. <br /> <br /> 5. The operator shall pay a one,time fee for the processing of this permit. City <br />Council reserves the right, uPon Sixty days notice to the operator, to begin charging a <br />reasonable rent for its occupancy of the public property upon which the cafe is located. <br /> <br /> 6. Operators may permit musical entertainment in the cafe area, provided it is limited <br />to unamplified vocal or inStrumental performances and does not occur after 12:00 a.m. or <br />before noon. <br /> <br /> 7. By accepting this permit, the operator agrees to indemnify the City and hold it <br />harmless from all claims for injuries or damages of any kind whatsoever arising out of its <br />occupancy of the public right-of-way or operation of the cafe. The operator shall maintain <br />force during the term of this permit public liability insurance with a minimum of $1,000,000 <br />single limit coverage. The policy shall name the City as an additional insured as its interests <br />may appear an be in a form approved by the City Attorney. <br /> 8. This permit may be revoked by City Council at any time after a hearing conducted <br />at any regular meeting, provided the operator has been notified of the hearing by written <br />notice delivered to its place of business at least ten days before such meeting, if the Council <br />finds: (a) that the operator is violating the terms of the permit; (b) is delinquent in paying <br />rent which may subsequently be imposed hereunder; (c) that the continued operation of the <br />cafe poses a threat to the public health, safety or welfare or constitutes a public nuisance; or <br />(d) if by June 1st in any calendar year covered by this permit, the outdoor cafe has not been in <br />substantial operation for a period of 60 days, or if the cafe ceases operation for a period of 30 <br />days or more prior to Labor Day of any year. <br /> <br /> 9. This permit may be revoked at any time upon six monthS' notice to the operator, <br />for any public purpose as determined by the City Council. <br /> <br /> t0. Approval of this permit is conditioned upon the applicant's ,continued compliance <br />with the plans previously approved by the Board of Architectural Review. <br /> <br />11. This permit shall not be assigned without the express permission of City Council. <br /> <br />e. RESOLUTION: Awarding banking service contract <br /> <br /> BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the <br />Mayor is hereby authorized to execute on behaif of the City the following document, in form <br />approved by the City Attorney: <br /> <br /> <br />
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