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211 <br /> <br /> WHEREAS, Tim & Vincent, Inc. has~ applied to City <br />Council for a permit to operate an outdoor cafe on the <br />pedestrian mall in the 100 block of West Main Street, in <br />connection with the operation of its duly licensed reStaurant <br />at 119 West Main Street'(Metropolitan~Diner); 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 Tim & Vincent, Inc., or its <br />assignee, is hereby granted apermit to operate an outdoor <br />cafe on the pedestrian mall in the 100 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 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 only in the area Shown as <br />a lined rectangular box on the attached sketch immediately <br />adjacent to the property known as 119 W. Main Street, and <br />incorPorated by reference in-this resolution. 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~ ink,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 ctose~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 face, 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 property 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 ~t~iability insurance with a minimum of <br />$1,000,000 single limit coverage~and shall furnish the City <br /> <br /> <br />