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information as may otherwise be obtained, he/she finds that all of the following <br />circumstances exist: <br /> <br /> A. The applicant has not knowingly and with intent to deceive, made any false, <br /> misleading or fraudulent statements of material facts in the application for a <br /> permit or in any other document required pursuant to this Article; <br /> <br /> B. The applicant has meet the standards in this Article, and paid in advance any <br /> fee required and agrees to such conditions as are imposed in the permit; <br /> <br /> C. The time, duration, location and size of the proposed activity will not <br /> substantially disrupt the orderly safe movement of pedestrian or vehicular <br /> traffic, or endanger any mall improvements or fixtures; <br /> <br /> D. The proposed activity will not conflict with or interfere with another proposed <br /> activity for which an encroachment permit has been granted; <br /> <br /> E. The proposed activity by itself or together with other proposed activities for <br /> which encroachment permits have been granted, does not generate a <br /> concentration of persons which unduly interferes with proper fire and police <br /> protection to areas contiguous to such activities, or unduly interferes with the <br /> convenient operation of established businesses along Broadway. <br /> <br /> F. For proposed encroachment activities involving the selling, bargaining, or <br /> otherwise transferring, or offering for sale or transfer, of any goods, wares or <br /> merchandise, arts or crafts, or exhibits: <br /> <br /> 1. Such activity is sponsored by an association of merchants <br /> operating businesses located within the Downtown Sidewalk Cafb <br /> Area, and organized for a period of at least one year; or <br /> <br /> 2. The items to be sold or transferred are handcrafted objects made <br /> by the vendor, or if flowers or plants are to be sold or transferred, <br /> such flowers or plants are hand grown, collected and/or arranged <br /> by the vendor and such sale or transfer of flowers or plants does <br /> not take place within five hundred feet (500') of an established <br /> business along Broadway selling flowers or plants, unless such <br /> activity is in the form of a store front display by the owner of such <br /> established business; or <br /> <br /> 3. (a) Such activity is a Sidewalk Caf~ conducted by a merchant <br /> whose business is located within the Downtown Sidewalk Cafb <br /> Area and which Sidewalk Cafb does not extend beyond the <br /> frontage width of the place of business associated therewith; (b) <br /> such activity is a Sidewalk Caf~ proposed to be conducted by a <br /> merchant whose business is located within the Downtown Sidewalk <br /> <br />F:AttyFXS/Ord/Ord.156 5 <br />101402 <br /> <br /> ??~4 <br /> <br /> <br />