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LM*#1K1k1r1$Wl <br />• WHEREAS, "First Night," a Special Community Event within the City of Charlottesville, <br />will take place December 31, 1997 - January 1, 1998; and <br />WHEREAS, it has been requested that Council authorize the Sponsor of the First Night <br />event to designate and control several food -court areas in locations in or about the Downtown <br />Mall, and that the selling of food and/or beverages as well as the provision of tables and chairs <br />for patrons be allowed within such areas, and <br />WHEREAS, City Council is willing to support this request to the extent set forth below; <br />now, therefore, <br />BE IT RESOLVED that the Sponsor of First Night is hereby authorized to designate and <br />control several food -court areas in locations along the Downtown Mall, during the First Night <br />Virginia event, for the sale and/or offering for sale of food and/or beverages and the provision <br />of tables and chairs for patrons, conditioned upon compliance with the following: <br />1. The size(s), location(s), and organization of the food -court areas must be approved by the <br />Zoning Administrator and the Chief of Police, upon a determination by those officials that no such <br />area(s) shall interfere with or present a hazard to, the safety, welfare, comfort or convenience of <br />the public. In approving the size(s), location(s) and organization of the food -court areas, the <br />• Zoning Administrator and Chief of Police are hereby authorized to waive the requirements of <br />Section 28-120(2) of the City Code, upon a determination that such waiver will not be unduly <br />injurious to the safety and convenience of the general public; and <br />2. No such areas, or any stands within such areas, shall be approved in a location prohibited <br />by Sections 28-120(1) and 28-120(3)-(5) of the City Code, and <br />3. The event's Sponsor may control which vendors it wishes to operate from space within the <br />food -court areas, and (with the approval of the Zoning Administrator and Chief of Police) the <br />Sponsor may control the number of vendors that will operate within each food -court area, so long <br />as the food -court areas are ribboned -off or otherwise adequately marked to identify the areas as <br />being reserved for use by First Night's Sponsor and its designated participants. Except with <br />respect to the areas reserved to First Night's Sponsor, vending by persons other than those within <br />those areas shall not be affected, and shall be allowed as otherwise provided within Chapter 28, <br />Article IV of the City Code, and <br />4. Vendors selling and/or offering for sale any food and/or beverage within the food -court <br />areas must comply with the requirements set forth in Sections 28-115, 28-117, 28-118, 28-121, <br />28-122, 28-124 and 28-125 of the City Code. <br />BE IT FURTHER RESOLVED that during the First Night event, the time of day <br />restrictions for all vendors, whether or not they are located within the Sponsor's food -court areas, <br />• shall be extended from 10:00 p.m. on December 31, 1997 through 1:00 a.m. on January 1, 1998. <br />Approved by Council — <br />September 15, 1997 dLArk of City Council <br />