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221 RESOLUTION: APPROVING CAFE PERMIT FOR JEWISH MOTHER RESTAURANT Mr. Ron Higgins explained that the cafe was approved by the Board of Architectural Review in March of 1998. Ms. Slaughter said she is nervous about the provision that allows unamplified music at cafes, and Mr. Gouldman noted that the language is the same as in all cafe permits. Mr. Cox said it would be helpful to have a map of the outdoor cafes on the mall, and questioned when the mall would be "full" of cafes. On motion by Ms. Daugherty, seconded by Mr. Toscano, the resolution approving the cafe permit for The Jewish Mother Restaurant was unanimously approved by Council. WHEREAS, Jennifer Kuhnheim has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall at 120 East Main Street in connection with the operation of her duly licensed restaurant (Jewish Mother Restaurant); and WHEREAS, this Council finds that the proposed outdoor cafe is in keeping with the intent of the pedestrian mall, can add significantly to successful commerce in the downtown area, will not unreasonably restrict the movement of pedestrian traffic and will not endanger the public health, safety or welfare; now, therefore, BE IT RESOLVED that Jennifer Kuhnheim is hereby granted a permit to operate an outdoor cafe on the pedestrian mall at 120 East Main Street, subject to the following conditions and terms: 1. The permit shall be valid from its adoption until November 30, 2000, for operation of the cafe during the months of March through November. Not later than November 30 of each year, the operator shall remove from public property alt furniture and equipment used for such cafe operation. 2. The cafe shall be operated only in the designated area shown on the attached sketch. The cafe shall be in operation only during the hours the restaurant is open. No cafe furnishings or equipment shall be permitted to obstruct any fire lane. The designated area of operation shall be clearly delineated by the use of a combination of trees, fences, planters and barriers. 3. The cafe shall be operated in full cmfformity with all State health and alcoholic beverage control regulations. No food preparation shall be permitted on the malt. The operator shall remove promptly all food dishes and utensils after each customer has left and shall clean thoroughly the entire cafe after the close of business each day. The City Manager shall have the right to require the operator to use only non-disposable dishes, utensils and napkins in the cafe area, in the event the City Manager determines that the use of paper or plastic tableware or napkins is contributing to litter problems in the mall area. 4~ Within the designated cafe area, the operator shall have the right to limit access and occupancy only to bona fide paying customers of the restaurant who are behaving in a lawful manner and shall have the same right to deny admission or service as it exercises on its own premises. However, no person shall be denied admission to or service at the cafe on the basis of race, religion, national origin, sex, age or disability. 5. The operator shall pay a one-time fee of $25 for the processing of this permit, and shall be required to pay rent for the occupancy of the public property in accordance with City Code Section 28-214.