1990-02-20 - Laserfiche WebLink

Home Browse Search

195 Attorney with satisfactory evidence of such coverage. 7. 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 five days before such meeting, if the Council finds that the operator is violating the terms of the permit, or is delinquent in paying rent which may subsequently be imposed hereunder, or-that the~continued operation of the cafe poses a threat to the public health, safety or welfare or constitutes a public nuisance. 8. This permit may be revoked at any time upon six months' notice to the operator, for any public purpose as determined by the City Council. 9. Approval of this permit is conditioned upon the applicant's continued compliance with the plans previously approved by the Downtown Board of Architectural Review. WHEREAS, Kathleen Dowd of the Nook Restaurant, has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall in the 200 block of East~Main Street, in connection with the operation of her duly licensed restaurant at 201 East Main Street; and WHEREAS, this Council finds that the proposed outdoor cafe is in keeping with the intent of the pedestrian mall, can add significantly to successful commerce in the downtown area, will not unreasonably restrict the movement of pedestrian traffic and will not endanger the public health, safety or welfare; now; therefore, BE IT RESOLVED that Kathleen Dowd, or her assignee, is hereby granted a permit to operate an outdoor cafe on the pedestrian mall in the 200 block of East Main Street, subject to the following conditions and terms:- 1. The permit shall be valid from its adoption-until November 30, 1992, for operation of the cafe during the months of March through November. Not later than November 30 of each year, the operator shall remove from public property all furniture and equipment used~_for such cafe operation. 2. The cafe shall be operated in the areas shown on the drawing prepared by James R. McCue, dated August~14,_ 1985, and approved by Council on April 16, 1987. No cafe furnishings or equipment shall be permitted to obstruct any fire lane. The designated-area of operation shall be clearly delineated by the use of a combination of trees, fences, planters and barriers. 3. The cafe shall~be operated ink-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 after 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 tablewareror napkins is contributing to litter problems in the mall area. - ~ 4. Within the designated cafe area;'cthe 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~Ho~ever~-no person shall be denied admission to orrservice at the cafe on the basis of~race, religion, national origin, sex, age or physical handicap.