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85 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. WitbSn the designated cafe area, the operator shall have the right to lin.it 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. 6. Operators may permit, musical entertainment in the cafe 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 ac~pting this permit, the operator agrees to indemnify the City and hold it harmless from alt claims for injuries or damages of any kind whatsoever arising out of its occupancy ofthe public right-of-way or operation of the cafe. T~ operator shall maintain in force during the term of this permit public liability insurance with a rrdnimum 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 penuit 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; (¢) that the continued operation of the cafe 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 cafe has not been in substantial operation for a period of 60 days, or if the cafe 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. The cafe area shall not occupy more than fifty percent (50%) ofthe usable width of the sidewalk. The cafe, together with the restaurant which serves it, shall be closed between the hours of 2:00 a.m. and 6:00 a.m. of each day. During such closure all cafe chairs shall be either removed from the sidewalk and stored indoors, or chained or otherwise secured in a manner making them unusable. 11. This permit shall not be assigned without the express permission of City Council. WHEREAS, Christian Tatum has applied to City Council for a permit to operate an outdoor cafe on the pedestrian mall at 118-A West Main Street in connection with the operation of his duly licensed restaurant (Christian's); and WItEREAS, 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 Christian Tatum is hereby granted a permit to operate an outdoor cafe on the pedestrian mall at 118-A West Main Street subject to the following conditions and terms: