1985-07-15 - Laserfiche WebLink

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7O RESOLVED, that Giuseppe Finazzo, T/A Sal's Italian Delight, is hereby granted a permit to operate an outdoor cafe on the pedestrian mall in the 200 block of East Main Street, subject to the following conditions and terms: 1. ~The permit shall be valid from its adoption Until November 30, 1986, 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 all- furniture and equipment used for such cafe operation. 2. The cafe shall be operated only in the areas designated as Areas A and B on the attached drawing dated 7/12/85 prepared by Daniel DeBettencourt, and incorporated by reference in this resolution. However, Area A shall not be used or occupied by tables prior to 5:00 p.m. No cafe furnishings or equipment shall be permitted to obstruct any fire laneo The designated areas of operation shall be clearly delineated by the use of a combination of chains, planters and barriers of a design to be finally approved by the Downtown Board of Archi~tectural Review. After 5:00 p.m. the portion of the mall between Area A and Area B may be enclosed within a movable chain or other movable barrier to permit the operator to comply with regulations of the Alcohol Beverage Control Board. 3. The Downtown Board of Architectural Review shall approve final designs for the cafe furniture, awnings or canopies and other fixtures or equipment to be used for operation of the cafe, and the City Manager shal~l approve the method, if any, by Which such items will be anchored, to prevent permanent damage to the mall surface. 4. The cafe 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 ali 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 h~ve the right to require the operator to use only non-disposable dishes, utensils and napkins mn 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. 5. Within the designated cafe areas, the operator shall have the right to limit access and occupancy only to fona 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 persons shall be denied admission to or service at the cafe on the basis of race, religion, national origin, sex, age or Phys'ical handicap. 6. City Council reserves the right, upon sixty days notice to the operator, to begin charging a reasonable rent for its occupancy of the public property upon which the cafe is located. 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 $300,000 single limit coverage and shall furnish the City Attorney with satisfactory evidence of sUch coverage. 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