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• RESOLUTION GRANTING A PERMIT FOR AN OUTDOOR CAFE IN THE 400 BLOCK OF EAST MAIN STREET WHEREAS, Chubby's, Inc. has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall in the 400 block of East Main Street, in connection with the operation of its duly licensed restaurant at 414 East Main Street (Chubby's); 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 Chubby's Inc., or its assignee, is hereby granted a permit to operate an outdoor cafe on the pedestrian mall in the 400 block of East Main Street, subject to the following conditions and terms: 1. The permit shall be valid from its adoption until • November 30, 1993, for operation of the cafe during the months of March through November. Not later than November 30 of each year, the operator shall remove from public property all furniture and equipment used for such cafe operation. By mutual agreement between Chubby's, Inc. and the Charlottesville Downtown Foundation, the cafe shall not be in operation between the hours of 5:00 p.m. and 9:00 p.m. on those evenings when Fridays After Five is taking place. The permit hereby granted is conditioned upon compliance with such agreement by the permitee, but said condition shall not be operative on those Fridays when Fridays After Five is held at its west end of the mall location. 2. The cafe shall be operated only in the area shown on the attached sketch. No cafe furnishings or equipment shall be permitted to obstruct any fire lane. The designated area of operation shall be clearly delineated by the use of a combination of trees, fences, planters and barriers. 3. 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 operator shall remove promptly all food dishes and utensils after each customer has left and shall clean thoroughly the entire cafe after the close of business each day. The City manager shall have the right to require the operator 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.