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3. The owner of the restaurant property consents to <br />issuance of the permit; <br />4. The permit applicant demonstrates that the use of <br />the right of way will not interfere with existing utilities, <br />pedestrian use of the right of way nor pose a hazard to <br />vehicular traffic; <br />5. The permit applicant obtains all other necessary <br />state and local permits; <br />6. I f the applicant seeks to use the right of way i n <br />front of properties contiguous to the restaurant, the <br />applicant demonstrates that a restaurant i s a permi tted use <br />for the contiguous property and the owner of the contiguous <br />property consents to the issuance of the permit; <br />1. The permit applicant demonstrates that the use of <br />the right of way wi 11 comply with all ordinances and codes of <br />the city including but not 1 i mi ted to the structural safety, <br />sanitation and fire codes; <br />8. The permit app1 i cant demanst~rates that seating i n <br />the right of, way wi 11 be, provided for no mare than 24 persons <br />or, ~f seating ~s provided for a greater number that off- <br />street parking as required by chapter 9 of this code i s <br />provided i n a rat i o of no 1 ess than one parking space for each <br />4 seats over and above 20; <br />9. The permit applicant demonstrates that the <br />proposed use of the right of way i s not inconsistent with the <br />use for which the right of way was dedicated to the city. <br />fib} No outdoor cafe permit shall be issued far premises <br />located within the mal 1 as defined by section 4.871 of this code <br />except by mall activity permit issued pursuant to section 3.342 of <br />this code. <br />~c} If the permit applicant wishes to undertake construction <br />in the right of way in conjunction with the operation of an outdoor <br />cafe, the permit applicant shall demonstrate compl i once with section <br />1.4451} of this code, but need not obtain a separate permit or pay <br />a separate application fee as required by that section. <br />~d} A permi t issued pursuant to secti an 3.342 of this code <br />may be temporari 1 y suspended i f the public interest requires use of <br />the right of way for a publ i c event, construction, repair, or any <br />other purpose. <br />~4} Downtown mall. Words and phrases used in this subsection <br />shall have the meanings ascribed to them in section 4.811 of this code. <br />~a} Except for participants i n a ci ty sponsored event, nv <br />person or business shall conduct any of the following activities on <br />the downtown mall without first receiving a mall activity permit <br />pursuant to section 3.342 of this code: <br />1. Any commercial pursuit except far personal <br />solicitation and street entertainment. <br />2. P1 aci ng a di spl ay or al l owi ng a di spl ay i n one's <br />charge to remain . <br />3. An entertainment event. <br />4. Conducting or participating i n the conduct of a <br />meeting that i s 1 i kel y to attract at any one time an assemb~ y <br />Ordinance - 1 <br />