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139 <br /> <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 reserves 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 operator 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 />$300,000 single limit coverage and shall furnish the City <br />Attorney with satisfactory evidence of such coverage. <br /> <br /> 7. This permit may be revoked by City Council at any <br />time after a hearing conducted at any regular meeting, <br />provided the operator has been notified of the hearing by <br />written notice delivered to its place of business at least <br />five days before such meeting, if the Council finds that the <br />operator is violating the terms of the permit, or is <br />delinquent in paying rent which may subsequently be imposed <br />hereunder, or that the continued operation of the cafe poses <br />a threat to the public health, safety or welfare or <br />constitutes a public nuisance. <br /> <br /> 8. This permit may be revoked at any time upon six <br />months' notice to the operator, for any public purpose as <br />determined by the Council. <br /> <br />RESOLUTION: APPOINTING VIEWERS TO CONSIDER CLOSING AN ALLEY <br />OFF HARRIS STREET <br /> <br /> On motion by Mr. Barnes, seconded by Mrs. Gleason, <br />the resolution appointing viewers to consider closing an <br />alley off Harris Street was unanimously approved by <br />Council. <br /> <br /> WHEREAS, this Council has received a petition from <br />Ralph E. Main, Jr., Trustee for 601 Preston Avenue Land <br />Trust requesting vacation of an alley off Harris Street and <br />adjacent to Parcels 1, 4, 5 and 6 on City Real Property Tax <br />Map 32~ and <br /> <br /> WHEREAS, it appears to Council that the notice required <br />by Section 15.1-364 of the Code of Virginia (1950), as <br />amended, has been duly advertised; now, therefore, <br /> <br /> BE IT RESOLVED by the Council of the City of <br />Charlottesville, Virginia that Ms. Mary Jane Haynes, Messrs. <br />W. J. Copeland and H. P. Winn, Jr. report in writing to <br />Council what inconvenience, if any, would result from such <br />vacation. <br /> <br />RESOLUTION: APPOINTING VIEWERS TO CONSIDER CLOSING SAXTON ST. <br /> <br /> <br />