Laserfiche WebLink
182 <br /> <br />downtown area, will not unreasonably restrict the movement of pedestrian traffic and will <br />not endanger the public health, safety or welfare; now, therefore, <br /> BE IT RESOLVED that Carrie Slaughter is hereby granted a permit to operate <br />an outdoor caf~ on the pedestrian mall at 201 East Main Street, subject to the following <br />conditions and terms: <br /> 1. The permit shall be valid from its adoption until November 30, 2001, for <br />operation of the caf~ during the months of March through November. Not later than <br />November 30 of each year, the operator shall remove from public property all furniture <br />and equipment used for such caf6 operation. <br /> 2. The caf~ shall be operated only in the designated area shown on the attached <br /> sketch. The caf~ shall be in operation only during the hours the restaurant is open. No <br /> caf~ furnishings or equipment shall be permitted to obstruct any fire lane. The designated <br /> area of operation shall he clearly delineated by the use of a combination of trees, fences, <br /> planters and barriers. <br /> 3. The caf~ shall be operated in full conformity with all State health and alcoholic <br /> beverage control regulations. No food preparation shall be permitted on the mall. The <br /> operator shall remove promptly all food dishes and utensils after each customer has left <br /> and shall clean thoroughly the entire caf~ after the close of business each day. The City <br /> Manager shall have the right to require the operator to use only non-disposable dishes, <br /> utensils and napkins in the caf6 area, in the event the City Manager determines that the <br /> use of paper or plastic tableware or napkins is contributing to litter problems in the mall <br /> area~ <br /> 4. Within the designated caf6 area, the operator shall have the right to limit <br /> access and occupancy only to bona fide paying customers of the restaurant who are <br /> behaving in a lawful manner and shall have the same right to deny admission or service <br /> as it exercises on its own premises. However, no person shall be denied admission to or <br /> service at the.caf6 on the basis of race, religion, national origin, sex, age or disability. <br /> 5. The operator shall pay a one-time fee of $25 for the processing of this permit, <br /> and shall be required to pay rent for the occupancy of the public property in accordance <br /> with City Code Section 28-214. <br /> 6. Operators may permit outdoor musical entertainment for patrons of the caf6, <br /> provided it is limited to unamplified vocal or instrumental performances and does not <br /> occur after 12:00 a.m. or before noon. The Zoning Administrator shall investigate and <br /> maintain a record of any reported violations of this paragraph... Upon recommendation of <br /> the Zoning Administrator and proof of violation of this paragraph, the Director of <br /> Neighborhood Development Services may, after notice to the operator of the caf6 and <br /> consultation with the City Manager, suspend the operation of the outdoor caf6. Any <br /> decision of the Director of Neighborhood Development Services may be appealed by the <br /> caf~ operator to City Council. <br /> 7. By accepting this permit, the operator agrees to indemnify the City and hold it <br /> harmless from all claims for injuries or damages of any kind whatsoever arising out of its <br /> occupancy of the public right-of-way or operation of the cafe. The operator shall <br /> maintain in force during the term of this permit public liability insurance with a minimum <br /> of $1,000,000 single limit coverage. The policy shall name the City as an additional <br /> insured as its interests may appear and be in a form approved by the City Attorney. <br /> 8. This permit may be revoked by City Council at any time after a hearing <br /> conducted at any regular meeting, provided the operator has been notified of the hearing <br /> by written notice delivered to its place of business at least ten days before such meeting, <br /> if the Council f'mds: (a) that the operator is violating the terms of the permit; (b) is <br /> delinquent in paying rent which may subsequently be imposed hereunder; (c) that the <br /> continued operation of the caf6 poses a threat to the public health, safety or welfare or <br /> constitutes a public nuisance; or (d) if by June 1st in any calendar year covered by this <br /> <br /> <br />