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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. The <br />policy shall name the City as an additional insured as its <br />interests may appear and be in a form approved by the City <br />Attorney. <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 ten days before such <br />meeting, if the Council finds: (a) that the operator is violating <br />the terms of the permit; (b) is delinquent in paying rent which may <br />• subsequently be imposed hereunder; (c) that the continued operation <br />of the cafe poses a threat to the public health, safety or welfare <br />or constitutes a public nuisance; or (d) if by June 1st in any <br />calendar year covered by this permit, the outdoor cafe has not been <br />in substantial operation for a period of 60 days, or if the cafe <br />ceases operation for a period of 30 days or more prior to Labor Day <br />of any year. <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. <br />10. Approval of this permit is conditioned upon the <br />applicant's compliance with the plans approved by the Board of <br />Architectural Review. <br />11. This permit shall not be assigned without the express <br />permission of City Council. <br />Approved by Council <br />December 6, 1993 <br />Cf5kk of City Council <br />40 <br />