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194 <br /> <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,~ Kathleen Dowd,~ owner, and .Susan Motley, lessee, <br />of the Nook Restaurant, have applied to City Council for a <br />permit to operate an outdoor cafe on the pedestrian mall in <br />the 400 block of East Main Street, in connection with the <br />operation of its duly licensed~restaurant at 415 East 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 />safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that Kathleen Dowd,~ or her assignee is <br />hereby granted a permit.to operate an outdoor cafe on the <br />pedestrian mall in the 400 block of East Main Street, subject <br />to the following conditions and terms: <br /> <br /> 1. The permit shall be valid from it.s 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 M. Jack Rinehart dated April 23, <br />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 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 /> <br /> <br />