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237 <br /> <br />downtown area, will not unreasonably restrict the movement <br />of pedestrian traffic and wil not endanger the publci <br />health, safety or welfare; now, therefore, <br /> <br /> BE IT RESOLVED that Eastern Standard Ltd. <br />(hereinafter the "operator") is hereby granted a permit to <br />operate an outdoor cafe on the pedestrian mall in the 100 <br />block of Preston Avenue, subject to the following <br />conditions and terms: <br /> <br /> 1. The permit shall be valid from its adoption until <br />November 30, 1988, for operation of the cafe during the <br />months of March through November. Not later than November <br />30 of each year, the operator shall remove from public <br />property all furniture and equipment used for such cafe <br />operation. <br /> <br /> 2. The cafe shall be operated only in the area and <br />with the number of tables shown on the attached drawing <br />designated as Exhibit A and incorporated by reference in <br />this resolution. No cafe furnishings or equipment shall <br />be permitted to obstruct any fire lane. <br /> <br /> 3. The Downtown board of Architectural Review shall <br />approve final designs for the cafe furniture, awnings or <br />canopies and other fixtures or equipment to be used for <br />operation of the cafe, and the City Manager shall approve <br />the method, if any, by which such items will be anchored, <br />to prevent permanent damage to the mall surface. <br /> <br /> 4. The cafe shall be operated in full conformity with <br />all State health and. alcoholic beverage control <br />regulations. No food preparation shall be permitted on <br />the mall. The operator shall remove promptly all food <br />dishes and utensils after each customer has left and shall <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 /> 5. 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 /> 6. The operator shall pay a one-time fee of $25.00 <br /> for the processing of this permit. City Council reserves <br /> the right, upon sixty days notice to the operator, to begin <br /> charging a reasonable rent for the operator's occupancy of <br />~--'~: t~he public property upon which the cafe is located. <br /> <br /> 7. 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 of <br />the cafe. The operator shall maintain in force during the <br />term of this permit public liability insurance with a <br />minimum of $300,000 single limit coverage and shall <br />furnish the City Attorney with satisfactory evidence of <br />such coverage. <br /> <br /> 8. 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 /> <br /> <br />