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130 <br /> <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 shalt'be denied admission to. or service at the c~fe 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 reserves the right, <br />upon sixty days notice to the operator, to begin charging a <br />reasonable rent for its occupancy of the public propert.y upon <br />which the cafe is located. <br /> <br /> 6. Operators may permit musical entertainment in the <br />cafe area, provided it is limited to unamplified vocal or <br />instrumental performances and does not occur after~12~00 a.m. <br />or before noon. - .... <br /> <br /> 7. 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 /> 8. 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 public health, safety or welfare or <br />constitutes a public nuisance. <br /> <br /> 9. This permit may be revoked at any time upon six <br />months! notice to the operator, for any public purpose as <br />determined by the City Council. If by Ju~e 1st in any <br />calendar year covered by this permit, the outdoor cafe has <br />not been in substantial operation for a period of 60 days, <br />the Council may consider revoking this permit upon 15 days <br />written notice to the operator. If the cafe ceases operation <br />for a period of 30 days or more prior to Labor Day of any <br />year, Council may also considered revocation of this permit <br />upon 15 days written notice of the operator. <br /> <br /> 10. 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 />RESOLUTION: GRANTING CAFE PERMIT TO HARDWARE STORE RESTAURANT <br /> <br /> On motion by Ms. Slaughter, seconded by Ms. Waters, the <br />resolution granting a cafe permit to the Hardware Store <br />Restaurant was unanimously approved by Council. <br /> <br /> WHEREAS, Rockford Corporation has applied to City <br />Council for a permit to operate an outdoor cafe on the <br />pedestrian mall in the 300 block of East Main Street, in <br />connection with the operation of its duly licensed restaurant <br />at 316 East Main Street (Hardware Store Restaurant); 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 /> <br />