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51 3. The cafe shall be operated in full conformity with all State health and alcoholic beverage control regulations, No food preparation shall be permitted on the mall. The operator shall remove promptly all food dishes and utensils after each customer has left and shall clean thoroughly the entire cafe at~er the close of business each day. The City Manager shall have the right to require the operator to use only non-disposable dishes, utensils and napkins in the cafe area, in the event the City Manager determines that the use of paper or plastic tableware or napkins is contributing to litter problems in the mall area. 4. Within the designated cafe area, the operator shall have the right to limit access and occupancy only to bona fide paying customers of the restaurant who are behaving in a lawful manner and shall have the same right to deny admission or service as it exercises on its own premises. However, no person shall be denied admission to or service at the cafe on the basis of race, religion, national origin, sex, age or disability. 5. The operator shall pay a one-time fee of $25 for the processing of this permit, and shall be required to pay rent for the occupancy of the public property in accordance with City Code Section 28-214. 6. Operators may permit musical entertainment in the cafe area, provided it is limited to unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before noon. 7. By accepting this permit, the operator agrees to indemnify the City and hold it harmless from all claims for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the cafe. The operator shall maintain in force during the term of this permit public liability insurance with a minimum of $1,000,000 single limit coverage. The policy shall name the City as an additional insured as its interests may appear and be in a form approved by the City Attorney. 8. This permit may be revoked by City Council at any time after a hearing conducted at any regular meeting, provided the operator has been notified of the hearing by written notice delivered to its place of business at least ten days before such meeting, if the Council finds: (a) that the operator is violating the terms of the permit; (b) is delinquent in paying rent; (c) that the continued operation of the cafe poses a threat to the public health, safety or welfare or constitutes a public nuisance; or (d) if by June 1st in any calendar year covered by this permit, the outdoor cafe has not been in substantial operation for a period of 60 days, or if the cafe ceases operation for a period of 30 days or more prior to Labor Day of any year. 9. This permk may be revoked at any time upon six months' notice to the operator, for any public purpose as determined by the City Council. 10. Approval of this permit is conditioned upon the applicant's compliance with the plans approved by the Board of Architectural Review. 1 I. This permit shall not be assigned without the express permission of City Council. 1. RESOLUTION: Approving City Manager's Contract BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the employment Agreement between the City Council and the City Manager, dated November, 1995, approved by Council resolution on or about December 19, 1995 and amended by Council resolution on June 24, 1996 (the "Contract") is hereby amended a second time effective with the fiscal year beginning July 1, 1997 ("the current fiscal year") as set forth more fully below: A. Salary - Section 6 of said contract related to salary is amended so that the City Manager's base salary shall be increased by 3.5% effective at the beginning of the current Fiscal Year (July 1, 1997).