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• 5. The operator shall pay a one-time fee for the processing <br />of this permit. City Council reserves the right, upon sixty days <br />notice to the operator, to begin charging a reasonable rent for its <br />occupancy of the public property upon which the cafe is located. <br />6. Operators may permit musical entertainment in the cafe <br />area, provided it is limited to unamplified vocal or instrumental <br />performances and does not occur after 12:00 a.m. or before noon. <br />7. By accepting this permit, the operator agrees to indemnify <br />the City and hold it harmless from all claims for injuries or <br />damages of any kind whatsoever arising out of its occupancy of the <br />public right-of-way or operation of the cafe. The operator shall <br />maintain in force during the term of this permit public liability <br />insurance with a minimum of $1,000,000 single limit coverage and <br />shall furnish the City Attorney with satisfactory evidence of such <br />coverage. <br />8. This permit may be revoked by City Council at any time <br />after a hearing conducted at any regular meeting, provided the <br />operator has been notified of the hearing by written notice <br />delivered to its place of business at least five days before such <br />meeting, if the Council finds that the operator is violating the <br />terms of the permit, or is delinquent in paying rent which may <br />subsequently be imposed hereunder, or that the continued operation <br />• of the cafe poses a threat to the public health, safety or welfare <br />or constitutes a public nuisance. <br />9. This permit may be revoked at any time upon six months' <br />notice to the operator, for any public purpose as determined by the <br />City Council. If by June ist in any calendar year covered by this <br />permit, the outdoor cafe has not been in substantial operation for <br />a period of 60 days, the Council may consider revoking this permit <br />upon 15 days written notice to the operator. If the cafe ceases <br />operation for a period of 30 days or more prior to Labor Day of any <br />year, Council may also consider revocation of this permit upon 15 <br />days written notice to the operator. <br />10. Approval of this permit is conditioned upon the <br />applicant's continued compliance with the plans previously approved <br />by the Downtown Board of Architectural Review. <br />Approved by Council <br />February 4, 1991 <br />1 rk of City Council <br />-6-6 <br />r1 <br />U <br />