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2.3 6 <br /> <br />clean thoroughly the entire cafe after the close of <br />business each day. The City Manager shall have the right <br />to require the operator to use only non-disposable dishes, <br />utensils and napkins in the cafe area, in the event the <br />City Manager determines that the use of paper or plastic <br />tableware or napkins is contributing to litter problems in <br />the mall area. <br /> <br /> 4. Within the designated cafe area, the operator <br />shall have the right to limit access and occupancy only to <br />bona fide paying customers of the restaurant who are <br />behaving in a lawful manner and shall have the same right <br />to deny admission or service as it exercises on its own <br />premises. However, no person shall be denied admission to <br />or service at the cafe on the basis of race, religion, <br />national origin, sex, age or physical handicap. <br /> <br /> 5. The operator shall pay a one time fee of <br />twenty-five dollars for the processing of this permit. <br />City Council reserves the right, upon sixty days notice to <br />the operator, to begin charging a reasonable rent for its <br />occupancy of the public property upon which the cafe is <br />located. <br /> <br /> 6. By accepting this permit, the operator agrees to <br />indemnify the City and hold it harmless from all claims <br />for injuries or damages of any kind whatsoever arising out <br />of its occupancy of the public right-of-way or operation <br />of the cafe. The operator shall maintain in force during <br />the term of this permit public liability insurance with a <br />minimum of $300,00 single limit coverage and shall furnish <br />the City Attorney with satisfactory evidence of such <br />coverage. <br /> <br /> 7. This permit may be revoked by City Council at any <br />time after a hearing conducted at any regular meeting, <br />provided the operator has been notified of the hearing by <br />written notice delivered to its place of business at least <br />five days before such meeting, if the Council finds that <br />the operator is violating the terms of the permit, or is <br />delinquent in paying rent which may subsequently be <br />imposed hereunder, or that the continued operation of the <br />cafe poses a threat to the public health, safety or <br />welfare or constitutes a public nuisance. <br /> <br /> 8. This permit may be revoked at any time upon six <br />months' notice to the operator, for any public purpose as <br />determined by the Council. <br /> <br />RESOLUTION: GRANTING A PERMIT FOR AN OUTDOOR CAFE TO EASTERN <br />STANDARD RESTAURANT <br /> <br /> Mr. Hendrix stated that staff did not think five <br />tables, three along the retaining wall and two next to <br />Eastern Standard, would provide adequate space during the <br />day, but would be sufficient after 5:30 p.m. <br /> <br /> Mrs. Gleason made a motion approving the resolution <br />granting a permit for an outdoor cafe to Eastern Standard <br />Restaurant, allowing five tables for a two-week trial <br />period. Dr. Hall seconded the motion and it was <br />unanimously approved by Council. <br /> <br /> WHEREAS, Eastern Standard Ltd. has aplied to City <br />Council for a permit to operate an outdoor cafe on the <br />pedestrian mall in the 100 block of Preston Avenue, in <br />connection with the operation of its duly licensed <br />restaurant at 102 Preston Avenue; and <br /> <br /> WHEREAS, this ouncil finds that the proposed outdoor <br />cafe is in keeping with the intent of the pedestrian mall, <br />can ad significantly to successful commerce in the <br /> <br /> <br />