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60 WHEREAS, this Council finds that the proposed outdoor caf~ 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 Douglas Smith is hereby granted a permit to operate an outdoor caf~ on the pedestrian mall at 102 Old Preston Avenue, 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, 1999, for operation of the caf~ 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 caf~ operation. 2. The caf6 shall be operated only in the designated area showxt on the attached sketch. The caf~ 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 caf~ 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 caf~ 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 caf~ 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 caf~ 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 caf~ 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. 6. Operators may permit musical entertainment in the caf~ area, provided it is limited to unamplified vocal or instrumental performances and does not occur after 12:00 a.m. or before noon. 7. By accepting this permit, the operator agrees to indemnify the City and hold it harmless from all claims for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the cafe. The operator shall maintain in force during the term of this permit public liability insurance with a minimum of $1,000,000 single limit coverage. The policy shall name the City as an additional insured as its interests may appear and be in a form approved by the City Attorney. 8. This permit may be revoked by City Council at any time after a hearing conducted at any regular meeting, provided the operator has been notified of the hearing by written notice delivered to its place of business at least ten days before such meeting, if the Council finds: (a) that the operator is violating the terms of the permit; (b) is delinquent in paying rent; (c) that the continued operation of the caf~ 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 caf~ has not been in substantial operation for a period of 60 days, or if the caf~ 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.