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196 <br /> <br /> 5. The operator shall pay a one-time fee for the <br />processing of this Permit. ~.~City Council reserved 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. 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 /> 7. 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 />five days before such meeting, if the Council finds that the <br />operator is~violating the terms of the permit, or is <br />delinquent in paying rent ~which may subsequently be imposed <br />hereunder, or that the continued,operation of the cafe poses' <br />a threat to the pub!ic health~ safety or welfare or, <br />constitutes a public nuisance. ~ ~ ' <br /> <br />8. .This permit may be revoked.at.any time upon six <br />monthsL notice to the operator,, for any public~purpose as <br />determined by the City Council. ~ <br /> <br /> 9. Approval of this permit is conditioned upon the <br />applicant's continued compliance with the plans previously <br />approved by the Downtown Board of Architectural Review. <br /> <br /> WHEREAS, Giuseppe Finazzo has. applied to City Council <br />for a~permit to operate an outdoor cafe on the pedestrian <br />mall in the 200 block of East Main Street, in connection with <br />the operation of his duly licensed restaurant at 221 East <br />Main Street;~and <br /> <br /> WHEREAS, this Council finds that the proposed outdoor <br />cafe is in keeping with.the in~ent 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 />safety or welfare; now, therefore, ~ <br /> <br /> BE IT RESOLVED that Giuseppe Finazzo, 'or his assignee, <br />is hereby granted a permit to operate an oUtdoor cafe on the <br />pedestrian mall in the 200 block of East 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, 1992, 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 in the areas shown on <br />the drawing prepared by Landow and DeBettencourt, dated July <br />12, 1985, and approved by Council on March 2, 1987.~ No cafe <br />furnishings or equipment,shall,be permitted to obstruCt'any <br />fire lane. The designated area of operation shall be clearly <br />delineated by the use of a combination of trees, fences, <br />planters and barriers. <br /> <br /> 3. The cafe shall be operated in full con·formity 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 /> <br /> <br />