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72 <br /> <br /> 6. Operators may permk musical entertainment in the caf6 area, provided it is <br />limited to unamplified vocal or instrumental performances and does not occur after 12:00 <br />a.m. or before noon. <br /> <br /> 7. By accepting this permit, the operator agrees to indemnify the City and hold it <br />harmless from all claims for injuries or damages of any kind whatsoever arising out of its <br />occupancy of the public right-of-way or operation of the caf6. The operator shall <br />maintain in force during the term of this permit public liability insurance with a minimum <br />of $1,000,000 single limit coverage. The policy shall name the City as an additional <br />insured as its interests may appear and be in a form approved by the City Attorney. <br /> <br /> 8. This permit may be revoked by City Council at any time after a hearing <br />conducted at any regular meeting, provided the operator has been notified of the hearing <br />by written notice delivered to its place of business at least ten days before such meeting, <br />if the Council finds: (a) that the operator is violating the terms of the permit; (b) is <br />delinquem in paying rent; (c) that the continued operation of the caf~ poses a threat to the <br />public health, safety or welfare or constitutes a public nuisance; or (d) if by June 1 st in <br />any calendar year covered by this permit, the outdoor caf~ has not been in substantial <br />operation for a period of 60 days, or if the caf~ ceases operation for a period of 30 days or <br />more prior to Labor Day of any year. <br /> <br /> 9. This permit may be revoked at any time upon six months' notice to the <br />operator, for any public purpose as determined by the City Council. <br /> <br /> 10. Approval of this permit is conditioned upon the applicant's continued <br />compliance with the plans approved by the Board of Architectural Review. <br /> <br /> 11. This permit shall not be assigned without the express permission of City <br />Council. <br /> <br /> 8. GRANTING A PERMIT FOR AN OUTDOOR CAFl~ <br />FOR DOWNTOWN INN RESTAURANT AT 212 EAST MAIN STREET. <br /> <br /> WHEREAS, Kay Harrison has applied to City Council for a permit to operate an <br />outdoor caf6 on the pedestrian mall at 212 East Main Street in connection with the <br />operation of her duly licensed restaurant (Downtown Inn Restaurant); and <br /> <br /> WHEREAS, this Council finds that the proposed outdoor caf6 is in keeping with <br />the intent of the pedestrian mall, can add significantly to successful commerce in the <br />downtown area, will not unreasonably restrict the movement of pedestrian traffic and will <br />not endanger the public health, safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that Kay Harrison is hereby granted a permit to operate an <br />outdoor caf6 on the pedestrian malt at 212 East Main Street subject to the following <br />conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption (or effective date if different from <br />the date of adoption) until November 30, 2001, for operation of the caf6 during the <br />months of March through November. Not later than November 30 of each year, the <br />operator shall remove from public property all furniture and equipment used for such caf6 <br />operation. <br /> <br /> 2. The caf6 shall be operated only in the designated area shown on the attached <br />sketch. The caf6 shall be in operation only during the hours the restaurant is open. No <br />caf6 furnishings or equipment shall be permitted to obstruct any fire lane. The designated <br />area of operation shall be clearly delineated by the use of a combination of trees, fences, <br />planters and barriers. <br /> <br /> 3. The caf6 shall be operated in full conformity with all State health and alcoholic <br />beverage control regulations. No food preparation shall be permitted on the malt. The <br />operator shall remove promptly all food dishes and utensils after each customer has left <br />and shall clean thoroughly the entire caf6 after the close of business each day. The City <br /> <br /> <br />