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140 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 d~hes and utensils after each customer has !ett and shall clean thoroughly the entire caf6 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 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. 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 adm~sion or service as it exercises on its own premises. However, no person shall be denied admission to or service at the caf6 on the basis of race, religion, national origin, sex, age or disability. 5. The operator shall pay a one4/me fee of $25 for the processing of~ 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 caf6 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 al! claims for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the caf6. The operator shall maintain in force during the te]~ of this permit public liability insurance with a minimum orS1,000,000 £mgle 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) tlmt the operator is violating the terms of the permit; (b) is delinquent in paying rent; (c) that the continued operation of the caf6 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 caf6 has not been in substantial operation for a period of 60 days, or if the caf6 ceases operation for a period of 30 days or more prior to Labor Day of any year. 9, This permit ma)' be revoked at any time upon six months~ notice to the operator, for any public purpose as determined by- the City Council. t 0. Approval of this permit is conditioned upon the applicant's compliance with the plans approved by the Board of Architectural Review. t I. This permit shall not be assigned without the express permission of City Council. WI~EREAS, Andrew Vaughan has applied to City Council for a permfit to operate an outdoor caf~ on the pedes~Aan mall at 120 East Main Street in connection with the operation of his duly licensed restaurant (Blue Light Grill); and ~Wt~AS, this Council finds that the proposed outdoor caf6 is in keep~ug with the intent of the pedestrian ma!l, can add significantly to successful cormmerce in the downtown area, will not unreasonably restrict the movement of pedestrian traffic and will not endanger the public heak~ safety or welfare; now, therefore,