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Sec. 28-188. Right to limit or deny admission or service. <br />• Within the designated area of a cafe, the operator holding a permit under this article shall have the <br />right to limit access and occupancy to only bona fide paying customers of that operator's <br />restaurant who are behaving in a lawful manner, and shall have the same right to deny admission <br />or service as the operator exercises on his own premises. However, no person shall be denied <br />access or service to the cafe area on the basis of race, religion, national origin, sex, sexual <br />orientation, ape or disability physieal-handicap. <br />Sees. 28-189--28-210. Reserved. <br />DIVISION 2. PERMIT <br />Sec. 28-211. Required. <br />Oa No person shall operate an outdoor cafe on a city sidewalk or the downtown pedestrian mall <br />referred to in section 28-212 without a permit issued pursuant to this division. <br />(b) City Council shall, from time to time, approve a map identifying the locations along the <br />downtown pedestrian mall which will be eligible for use as outdoor cafe areas. The locations <br />identified on this map shall be the only areas for which any cafe permit(s) may be issued by the <br />zoning administrator for spaces on the mall. <br />• (c)For the purposes of this division a "permit term" shall refer to the period from March 2002 <br />through the last day of February, 2004; then, commencing on March 1, 2004, consecutive two- <br />year periods thereafter. <br />Sec. 28-212. Application. <br />(aa) The operator of any licensed restaurant in the city may, on or before the commencement of <br />each permit term apply to the ^'�uneil zoning administrator for a permit to operate an <br />outdoor cafe on the city sidewalk contiguous to such restaurant, or in the case of a restaurant <br />abutting the downtown pedestrian mall on Main Street between East Seventh Street and Ridge - <br />McIntire Road, upon such a portion of the pedeStFi mall located within the same block as the <br />restaurant and which has been designated by city as the council may on an approved map as being <br />available and appropriate for use as an outdoor cafe area. designate in the pe <br />b)Anv operator holding a valid nermit for a particular outdoor cafe space shall be deemed to <br />have re-applied for a succeeding permit term. Such operator shall pay the required application <br />fees and rent, and shall complete all paperwork required by the zoning administrator, within thirty <br />(30) days of the commencement of the succeeding permit term. During such 30 -day period, the <br />cafe space shall not be assigned to any other operator; however, if the incumbent operator fails to <br />meet all requirements within the 30 -days, then the operator's permit shall expire and the City may <br />deem that space to be unassigned. Unassigned spaces (those not subject to any existing permits) <br />C] <br />