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(i)Space heaters (other than any heaters requiring use of City electricity or electrical outlets) may <br />be utilized by a cafe operator so long as the use and operation of any such heater is in compliance <br />with all applicable building and fire codes and does not present a threat to the health, safety or <br />welfare of the public. <br />Sec. 28-215. Conditions for indemnification of city and public liability insurance. <br />As a condition of a permit granted under this division, the cafe operator shall indemnify the city <br />(including, without limitation, its officers, officials and employes) and hold it the city harmless <br />from and against all claims for damages or injuries of any kind whatsoever arising out of the <br />operator's occupancy of the public right-of-way or caused by the leeatien or- operation of the <br />cafe -therein. on the public right ,.rway of the city. The operator shall obtain and keep in force <br />throughout the duration of the permit and a._.,".h the eity with evidene - - - public liability <br />insurance eoverage with coverage in the amount ofat least one million dollars ($1,000,000.00) <br />combined single limit coverage awing all periods in which such car : in efati. The city shall <br />be named an "additional insured" party with respect to such insurance. Prior to issuance of a <br />permit under this division, and on the commencement date of each permit term thereafter, the cafe <br />operator shall be required to provide documentation satisfactory to the city attorney <br />demonstrating that this insurance requirement has been met. <br />• Sec. 28-216. Revocation. <br />(aa)The eity-council director of neighborhood development services may revoke any permit <br />granted under this division if the eatuteil &ds that the oefa4or is violating any of the .orm.,; of the <br />pemiit of fliat the eafe poses a threat to the publie health, safety and welfafe of eaftstitutes <br />publie nuisance., upon finding_ <br />a violation anv of the reouirements or mandatory provisions set forth within this article <br />(including, without limitation: failure to pay or delinquency in payment of rent, failure to <br />obtain or maintain required insurance, intrusion into a fire lane, failure to maintain cafe area <br />free of leaves, ice and snow, etc.); <br />(2) a violation of any condition of a permit imposed pursuant to sec. 28-214(b) of this division; <br />(3) that the continued operation of the cafd poses a threat to the health, safety or welfare of the <br />public or constitutes a public nuisance; <br />(4) that the cafe has ceased to operate for a period of thigy (30) or more days between March 1 <br />and Labor Day of any year, or the outdoor cafe has not been substantially utilized over a <br />period of sixty (60) or more days during any portion of the year. In determining whether an <br />outdoor cafe has been substantially utilized during winter months, the zoning administrator <br />shall give reasonable and appropriate consideration to adverse weather conditions. (For the <br />purposes of this paragraph, no cafe operator who has elected to shut down operations entirely <br />between December I and February 28 of the succeeding calendar year, and who has removed <br />all equipment and furnishings from the cafd area during that time, shall be subject to permit <br />