Laserfiche WebLink
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 of twenty-five <br />dollars for the processing of this permit. City Council <br />reserves the right, upon sixty days notice to the operator, <br />to begin charging a reasonable rent for its occupancy of the <br />public property upon 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 />$300,000 single limit coverage, which shall name the City as <br />an additional insured, and the operator shall furnish the <br />City 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 Council. If by June 1st in any calendar <br />year covered by this permit, the outdoor cafe has not been in <br />substantial operation for a period of 60 days, the Council <br />may consider revoking this permit upon 30 days written notice <br />to the operator. <br /> <br />RESOLUTION: RENEWING OUTDOOR CAFE PERMIT FOR HARDWARE STORE <br />RESTAURANT <br /> <br />This item was deferred at the request of the applicant. <br /> <br />RESOLUTION: CONSIDERATION OF INITIATING PROCEDURE FOR CLOSING A <br />PORTION OF SUNSET AVENUE <br /> <br /> Mr. Hendrix stated that staff recommended that Council <br />ask the Planning Commission to initiate the public hearing <br />process for closing a portion of Sunset Avenue. <br /> <br /> Ms. Betty Siegner, a resident of Sunset Avenue, <br />presented a petition with 65 signature supporting closing <br />Sunset Avenue as a result of the dangerous traffic situation <br />which may be made worse by planned development in Albemarle <br />County. <br /> <br /> Mr. James King of 2607 Jefferson Park Circle, spoke in <br />favor of closing Sunset Avenue. <br /> <br />85 <br /> <br /> <br />