1991-05-06 - Laserfiche WebLink

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2O8 WHEREAS, Zandi's Bakery & Deli has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall in the 100 block of 5th Street, S.E., in connection with the operation of its duly licensed restaurant at 104 5th Street, S.E. (Zandi's Bakery & Deli); 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~Zandi's Bakery & Deli, or its assignee, ~is hereby granted a permit to operate an outdoor cafe on the pedestrian mall in the 100 block of 5th Street, S.E., subject to the following conditions and terms: 1. The permit shall be valid from its adoption until November 30, 1993, 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 only in the rectangular area bordered~on three sides by wooden flower planters connected with chains, as shows on the attached sketch. 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 in 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 tableware or napkins is contributing to litter problems in the mall area. 4 Within the deSignated cafe area, the 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. However, no person shall be denied admission to or service at the cafe on the basis of face, religion, national origin, sex, age or physical handicap. 5. The operator shall pay a one-time .fee for the processing of this permit. City Council reserves the right, upon sixty days notice to the operator, to begin charging a reasonable rent for its occupancy of the public property upon which the cafe is located. 6. Operators may permit musical entertainment in the cafe area, provided it is limited to unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before noon. 7. By accepting this permit, the operator agrees to indemnify the City and hold it harmless from all claims for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the cafe. The operator shall maintain in force during the term of this permit public liability insurance with a minimum of $1,000,000 single limit coverage and shall furnish the City Attorney with satisfactory evidence of such coverage.