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209 <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 /> ten days before~such meeting, if the Council finds: (a) that <br /> the operator is violating the terms of the permit; (b) is <br /> delinquent in-paying rent'which may subsequently be imposed <br /> hereunder~ (c) that the continued operation of the cafe poses <br />a threat to the public health, safety or welfare or <br />constitutes a public nuisance; or (d) if:by June 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, or <br /> if the cafe ceases operation~for, a period of 30 days or more <br /> prior to Labor Day of any year. <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. <br /> <br /> 10. Approval of this permit is conditi°ned~upon the <br /> applicant's continued compliance with the plans previously <br /> approved by the Downtown Board of Architectural Review. <br /> <br />RESOLUTION: APPROVING SIDEWALK CAFE FOR NOWELL' S RESTAURANT <br /> <br /> Responding to a question from MS. Waters, Mr. Michael <br /> O'Steen, the architecture for Nowell's cafe, stated that the <br /> cafe area will include five trees and four light posts,, but <br /> will have only seven picnic type tables. <br /> <br /> Mr. Vandever expressed concern about the design of the <br /> tables precluding wheelchairs. <br /> <br /> Mr. O'Steen stated:that that issue is being explored'in <br /> order to accommodate persons in Wheelchairs. <br /> <br /> On motion by Ms. Slaughter, secOnded by Ms. Waters, the <br /> resolution approving the sidewalk cafe for'Nowell's <br /> Restaurant was approved by CoUncil, with Rev, Edwards absent <br /> for the vote, <br /> <br /> WHEREAS, Nowell's Catering and Lunch has applied to City <br />Council for a permit to operate an outdoor cafe on the <br />pedestrian ~mall in the 200 btock of West Main Street, in <br />connection with the operation of its duly licensed restaurant <br />at 201 West Main Street (Nowell's Catering and;Lunch); 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 ~he movement of <br />pedestrian traffic and :~wilt not endanger the public health, <br />safety or welfare~ now, therefOre, <br /> <br /> BE IT RESOLVED that Nowe!l's Catering and Lunch, or its <br />assignee, is hereby granted a permit to operate an outdoor <br />cafe on the pedestrian mall in the 200 block of West Main <br />Street, subject to the following:conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, ~1993, ~for operation of the icafe..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 only in the area <br />designated on .the attaChed sketch:made by:J. Michael Osteen, <br />AIA, and idated May 2, !1991:; No,cafe: furnishings or equipment <br />shall be permitted to obstruct any fire lane. The designated <br />area of operation shall be clearly delineated by the use of a <br />combination of trees, fences, planters and barriers. <br /> <br /> <br />