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171 <br /> <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 shown <br />on the drawing prepared by James R. McCue, Architect, <br />attached as Exhibit A, dated August 14, 1985, and <br />incorporated by reference in this resolution. No cafe <br />furnishings or equipment shall be permitted to obstruct any <br />fire lane. The designated area of operation shall be <br />clearly delineated by the use of a combination of trees, <br />fences, planters and barriers. <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 reserves the right, upon sixty days notice to the <br />opeartor, 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 />operatoriolating t terms o the permit, or is delinquent in <br />paying rent which may subsequently be imposed hereunder, or <br />that the continued operation of the cafe poses a threat to <br />the public health, safety or welfare or constitutes a public <br />nuisance. <br /> 8. This permit maybe revoked at any time upon six <br />months' notice to the operator, for any public purposes as <br />determined by the Council. <br /> <br />RESOLUTION: URGING CONGRESSIONAL SUPPORT FOR COMMUNITY <br />DEVELOPMENT BLOCK GRANT PROGRAM <br /> <br /> On motion by Mr. Barnes, seconded by Dr. Hall, the <br />resolution urging Congressional support for the Community <br />Development Block Grant Program was unanimously approved by <br />Council. <br /> <br /> <br />