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has applied to City Council for a permit to operate an <br />outdoor cafe on the pedestrian mall in the 200 block of East <br />Main Street, in connection with the operation of its duly <br />licensed restaurant at 221 East Main Street; and <br /> <br /> WHEREAS, this Council finds that the proposed outdoor <br />cafe is in keeping with the intent of the pedestrian mall, <br />can add significantly to successful commerce in the downtown <br />area, will not unreasonably restrict the movement of <br />pedestrian traffic and will not endanger the public health, <br />safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that Giuseppe Finazzo, T/A Sal's Italian <br />Delight, is hereby granted a permit to operate an outdoor <br />cafe on the pedestrian mall in the 200 block of East Main <br />Street, subject to the following conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1989, for operation of the cafe during the <br />months of March through November. Not later than November <br />30 of each year, the operator shall remove from public <br />property all furniture and equipment used for such cafe <br />operation. <br /> <br /> 2. The cafe shall be operated only in the areas <br />designated as Areas A and B on the attached drawing dated <br /> 7/12/85 prepared by Landow and deBettencourt, Architects, <br /> and incorporated by reference in this resolution. However, <br /> Area A shall not be used or occupied by tables prior to 5:00 <br /> p.m. No cafe furnishing or equipment shall be permited to <br /> obstruct any fire lane. The designated area of operation <br /> shall be clearly delineated by the use of a cOmbination of <br /> chains, planters and barriers of a design approved by the <br /> Downtown Board of Architectural Review. After 5:00 p.m. the <br /> portion of the mall between Area A and Area B may be <br /> enclosed withina movable chain or other movable barrier to <br /> permit the operator to comply with regulations of the <br /> Alcohol Beverage Control Board. <br /> <br /> 3. The cafe shall be operated in full conformity with <br />all State health and alcoholic beverage control regulations. <br />No food preparation shall be permitted on the mall. The <br />operator shall remove promptly all food dishes and utensils <br />after each customer has left and shall clean thoroughly the <br />entire cafe after the close of business each day. The City <br />Manager shall have the right to require the operator to use <br />only non-disposable dishes, utensils and napkins in the cafe <br />area, in the event the City Manager determines that the use <br />of paper or plastic tableware or napkins is contributing to <br />litter problems in the mall area. <br /> <br /> 4. Within the designated cafe area, the operator shall <br />have the right to limit access and occupancy only to bona <br />fide paying customers of the restaurant who are behaving in <br />a lawful manner and shall have the same right to deny <br />admission or service as it exercises on its own premises. <br />However, no person shall be denied admission to or service <br />at the cafe on the basis of race, religion, national origin, <br />sex, age or physical handicap. <br /> <br /> 5. The operator shall pay a one time fee of <br />twenty-five dollars for the processing of this permit. City <br />Council reserved the right, upon sixty days notice to the <br />operator, to begin charging a reasonable rent for its <br />occupancy of the public property upon which the cafe is <br />located. <br /> <br /> 6. By accepting this permit, the oeprator agrees to <br />indemnify the City and hold it harmless from all claims for <br />injuries or damages of any kind whatsoever arising out of <br />its occupancy of the public right-of-way or operation of the <br />cafe. The operator shall maintain in force during the term <br />of this permit public liability insurance with a minimum of <br /> <br /> <br />