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193 <br /> <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 the Charlottesville Coffee Exchange, <br />Inc., or its assignee, is hereby granted a permit to operate <br />an outdoor cafe on the pedestrian mall in the 100 block of <br />East Main Street, subject to the following conditions and <br />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 Daggett and Grigg dated June 30, <br />1987, and approved by Council on July 6, 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 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 />physical handicap. <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 3the cafe poses <br />a threat to the public health, safety or welfare or <br />constitutes a public nuisance~ <br /> <br /> 8. This permit.may be revoked at any time upon six. <br />months'notice to the operator, for-any public purpose as <br /> <br /> <br />