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5. The operator shall pay a one-time fee <br />• processing of this permit, and shall be required <br />the occupancy of the public property in accordance <br />Section 28-214. <br />• <br />0 <br />of $25 for the <br />to pay rent for <br />with City Code <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; (c) that <br />the continued operation of the cafe poses a threat to the public <br />health, safety or welfare or constitutes a public nuisance; or (d) <br />if by June 1st in any calendar year covered by this permit, the <br />outdoor cafe has not been in substantial operation for a period of <br />60 days, or if the cafe ceases operation for a period of 30 days or <br />more prior to Labor Day 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 />12. This permit shall be effective as of March 1, 1996. <br />Approved by Council <br />November 20, 1995 <br />rk of City Coun it <br />