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5. The operator shall pay a one-time fee of $25 for the processing of this permit, and <br />• shall be required to pay rent for the occupancy of the public property in accordance with City <br />Code Section 28-214. <br />6. Operators may permit musical entertainment in the cafe area, provided it is limited to <br />unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before <br />noon. <br />7. By accepting this permit, the operator agrees to indemnify the City and hold it <br />harmless from all claims for injuries or damages of any kind whatsoever arising out of its <br />occupancy of the public right-of-way or operation of the cafe. The operator shall maintain in <br />force during the term of this permit public liability insurance with a minimum of $1,000,000 <br />single limit coverage. The policy shall name the City as an additional insured as its interests may <br />appear and be in a form approved by the City Attorney. <br />8. This permit may be revoked by City Council at any time after a hearing conducted at <br />any regular meeting, provided the operator has been notified of the hearing by written notice <br />delivered to its place of business at least ten days before such meeting, if the Council finds: (a) <br />that the operator is violating the terms of the permit; (b) is delinquent in paying rent; (c) that the <br />continued operation of the cafe poses a threat to the public health, safety or welfare or constitutes <br />a public nuisance; or (d) if by June 1 st in any calendar year covered by this permit, the outdoor <br />cafe has not been in substantial operation for a period of 60 days, or if the cafe ceases operation <br />• for a period of 30 days or more prior to Labor Day of any year. <br />9. This permit may be revoked at any time upon six months' notice to the operator, for <br />any public purpose as determined by the City Council. <br />10. Approval of this permit is conditioned upon the applicant's compliance with the plans <br />approved by the Board of Architectural Review. <br />11. This permit shall not be assigned without the express permission of City Council. <br />Approved by Council <br />November 3, 1997 <br />XA/blitA-Li 64 <br />al-grk of City Council <br />0 <br />