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• 4. Within the designated cafe area, the operator shall have the right to limit access and occupancy only to bona fide paying customers of the restaurant who are behaving in a lawful manner and shall have the same right to deny admission or service as it exercises on its own premises. However, no person shall be denied admission to or service at the cafe on the basis of race, religion, national origin, sex, age or physical handicap. 5. The operator shall pay a one-time fee for the processing of this permit. City Council reserves the right, upon sixty days notice to the operator, to begin charging a reasonable rent for its occupancy of the public property upon which the cafe is located. 6. Operators may permit musical entertainment in the cafe area, provided it is limited to unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before noon. 7. By accepting this permit, the operator agrees to indemnify the City and hold it harmless from all claims for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the cafe. The operator shall maintain in force during the term of this permit public liability insurance with a minimum of $1,000,000 single limit coverage and shall furnish the City Attorney with satisfactory evidence of such coverage. • 8. This permit may be revoked by City Council at any time after a hearing conducted at any regular meeting, provided the operator has been notified of the hearing by written notice delivered to its place of business at least ten days before such meeting, if the Council finds: (a) that the operator is violating the terms of the permit; (b) is delinquent in paying rent which may subsequently be imposed hereunder; (c) that the continued operation of the cafe poses a threat to the public health, safety or welfare or constitutes a public nuisance; or (d) if by June 1st in any calendar year covered by this permit, the outdoor cafe has not been in substantial operation for a period of 60 days, or if the cafe ceases operation for a period of 30 days or more prior to Labor Day of any year. 9. This permit may be revoked at any time upon six months' notice to the operator, for any public purpose as determined by the City Council. 10. Approval of this permit is conditioned upon (a) final approval of the Board of Architectural Review (BAR) and (b) the applicant's continued compliance with the plans finally approved by the BAR. Approved by Council Aug6st..5, 1991 • V1 rk of City Coun it -6-41