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