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177 <br /> <br />Review has recommended approval of the cafe permit. <br /> <br /> Responding to a question from. Ms. Slaughter, Mr. Higgins <br />stated that there would be approximately 20 feet from the <br />cafe to the door and noted that it would be a very small <br />cafe. <br /> <br /> On motion by Rev. Edwards, seconded by Mr. Toscano, the <br />resolution approving a cafe permit for the Omni Hotel was <br />unanimously approved by Council. <br /> <br /> WHEREAS, the Omni Hotel has applied to City Council for <br />a permit to operate an outdoor cafe on the pedestrian mall in <br />the 200 block of West Main Street, in connection with the <br />operation of its duly licensed restaurant at 235 West Main <br />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 />safetyor welfare; now, therefore, <br /> <br /> BE IT RESOLVED that the Omni Hotel, or its assignee, is <br />hereby granted a permit to operate an outdoor cafe on the <br />pedestrian mall in the 200 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, 1994, 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, sex, 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 /> <br />