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• A RESOLUTION GRANTING A PERMIT FOR AN OUTDOOR CAFE IN THE 100 BLOCK OF WEST MAIN STREET WHEREAS, SMER, Inc. has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall in the 100 block of West Main Street, in connection with the operation of its duly licensed restaurant at 109 West Main Street; and WHEREAS, this Council finds that the proposed outdoor cafe is in keeping with the intent of the pedestrian mall, can add significantly to successful commerce in the downtown area, will not unreasonably restrict the movement of pedestrian traffic and will not endanger the public health, safety or welfare; now, therefore, be it RESOLVED, that SMER, Inc.is hereby granted a permit to operate an outdoor cafe on the pedestrian mall in the 100 block of West Main Street, subject to the following conditions and terms: 1. The permit shall be valid from its adoption until November 30, 1987, for operation of the cafe dur- ing the months of March through November. Not later than November 30 of each year, the operators shall remove from public property all furniture and • equipment used for such cafe operation. 2. The cafe shall be operated only in the areas designated as Areas A and B on the attached sketch which is incorporated by reference in this resolu- tion. No cafe furnishings or equipment shall be permitted to obstruct the area designated as a fire lane running between Areas A and B on such sketch. The designated areas shall be clearly delineated by the use of a combination of chains, planters and barriers of a design to be finally approved by the City Manager. 3. The City Manager shall likewise approve final designs for the cafe furniture, awnings or canopies and other fixtures or equipment to be used for operation of the cafe, including the method, if any, by which such items will be anchored, to prevent permanent damage to the mall surface and to ensure that the cafe is compatible with the mall design. 4. The cafe shall be operated in full conformity with all State health and alcoholic beverage control regulations. No food preparation shall be permitted on the mall. The operators shall promptly remove all food dishes and utensils after each customer has • left and shall thoroughly clean the entire cafe after close of business each day. The City Manager shall have the right to require the operators to use only non -disposable dishes, utensils and napkins in the cafe area, in the event the City Manager determines that the use of paper or plastic tableware or napkins is contributing to litter problems in the mall area.