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102 <br /> <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, sex, age or <br />physical handicap. <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 ~ts 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 in force during the term <br />of this permit public liability insurance with a minimum of <br />$1,000,000 single limit coverage and shall furnish the City <br />Attorney with satisfactory evidence of such coverage. <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: PROPOSING THE AMENDMENT OF THE CITY ZONING MAP TO <br />REZONE CERTAIN PARCELS ON HIGHLAND AVENUE AND ELSEWHERE <br /> <br /> Mr. Gouldman explained that the resolution would request <br />that the Planning Commission hold a public hearing on <br />rezoning parcels on Highland Avenue. Mr. Gouldman added that <br />no other properties had been identified for inclusion in the <br />resolution. <br /> <br /> On motion by Mr. Vandever, seconded by Ms. Slaughter, <br />the resolution proposing the amendment of the City zoning map <br />to rezone certain parcels on Highland Avenue was unanimously <br />approved by Council. <br /> <br />WHEREAS, by ordinance dated June 3, 1991, the City of <br /> <br /> <br />