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1991_Resolutions
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1991_Resolutions
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• RESOLUTION <br />GRANTING A PERMIT FOR AN OUTDOOR CAFE <br />IN THE 200 BLOCK OF WEST MAIN STREET <br />WHEREAS, Nowell's Catering and Lunch has applied to City <br />Council for a permit to operate an outdoor cafe on the pedestrian <br />mall in the 200 block of West Main Street, in connection with the <br />operation of its duly licensed restaurant at 201 West Main Street <br />(Nowell's Catering and Lunch); and <br />WHEREAS, this Council finds that the proposed outdoor cafe is <br />in keeping with the intent of the pedestrian mall, can add <br />significantly to successful commerce in the downtown area, will not <br />unreasonably restrict the movement of pedestrian traffic and will <br />not endanger the public health, safety or welfare; now, therefore, <br />BE IT RESOLVED that Nowell's Catering and Lunch, or its <br />assignee, is hereby granted a permit to operate an outdoor cafe on <br />the pedestrian mall in the 200 block of West Main Street, subject <br />to the following conditions and terms: <br />1. The permit shall be valid from its adoption until <br />November 30, 1993, for operation of the cafe during the months of <br />March through November. Not later than November 30 of each year, <br />the operator shall remove from public property all furniture and <br />• equipment used for such cafe operation. <br />2. The cafe shall be operated only in the area designated on <br />the attached sketch made by J. Michael Osteen, AIA, and dated <br />May 2, 1991. No cafe furnishings or equipment shall be permitted <br />to obstruct any fire lane. The designated area of operation shall <br />be clearly delineated by the use of a combination of trees, fences, <br />planters and barriers. <br />3. The cafe shall be operated in full conformity with all <br />State health and alcoholic beverage control regulations. No food <br />preparation shall be permitted on the mall. The operator shall <br />remove promptly all food dishes and utensils after each customer <br />has left and shall clean thoroughly the entire cafe after the close <br />of business each day. The City manager shall have the right to <br />require the operator to use only non -disposable dishes, utensils <br />and napkins in the cafe area, in the event the City Manager <br />determines that the use of paper or -plastic tableware or napkins is <br />contributing to litter problems in the mall area. <br />4. Within the designated cafe area, the operator shall have <br />the right to limit access and occupancy only to bona fide paying <br />customers of the restaurant who are behaving in a lawful manner and <br />shall have the same right to deny admission or service as it <br />exercises on its own premises. However, no person shall be denied <br />admission to or service at the cafe on the basis of race, religion, <br />• national origin, sex, age or physical handicap. <br />
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