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71 delinquent in paying rent; (c) that the continued operation of the caf6 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 caf6 has not been in substantial operation for a period of 60 days, or if the caf6 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. 7. GRANTING A PERMIT FOR AN OUTDOOR CAFl~ FOR THE NOOK RESTAURANT AT 415 EAST MAIN STREET. WHEREAS, Terry Shotwell has applied to City Council for a permit to operate an outdoor caf6 on the pedestrian mall at 415 East Main Street in connection with the operation of her duly licensed restaurant (The Nook Restaurant); and WHEREAS, this Council finds that the proposed outdoor caf6 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 Terry Shotwell is hereby granted a permit to operate an outdoor caf6 on the pedestrian mall at 415 East Main Street, subject to the following conditions and terms: 1 The permit shall be valid from its adoption (or effective date if different from the date of adoption) until November 30, 2001, for operation of the caf6 during the months of March through November. Not later than November 30 of each year, the operator shall remove from public property all furniture and equipment used for such caf6 operation. 2. The caf6 shall be operated ordy in the designated areas shown on the attached sketch. The caf6 shall be in operation only during the hours the restaurant is open. No caf6 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 caf6 shall be operated in full conformity with all State health and alcoholic beverage control regulations. No food preparation shall be permitted on the mall. The operator shall remove promptly all food dishes and utensils after each customer has left and shall clean thoroughly the entire caf6 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 caf6 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 caf6 area, the operator shall have the fight 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 fight to deny admission or service as it exercises on its own premises. However, no person shall be denied admission to or service at the caf6 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.