[Adopted 3-16-2009 by L.L. No. 2-2009[1]]
[1]
Editor's Note: This local law superseded former Art. II, Sales for Off-Premises Consumption, adopted 3-5-1969 by Ord. No. 157.
As used in this article, the following terms shall have the meanings indicated:
NEW BUSINESS
Any business created as a result of a property sale or new lease which sells products different from those previously sold at the same location.
NEW CONSTRUCTION
An area built so that the sale of food or drink can be delivered through a doorway, window or any other aperture.
WINDOW SERVICE
The sale of food or drink delivered through any window, doorway, or any other aperture.
A. 
Window service is not allowed except for businesses utilizing window service as of the effective date of this article.
B. 
New businesses or new construction may allow for window service, providing the food or drink can be consumed at an outdoor seating area on the business property.
(1) 
The outdoor seating area must provide for seating for at least 24 people.
[Amended 9-20-2010 by L.L. No. 16-2010]
A violation of this chapter is hereby declared to be an offense punishable by a fine not less than $250 for each and every day the violation exists, or imprisonment for a period not to exceed six months, or both, for conviction of a first offense. Conviction of a second offense, both of which were committed within a period of five years, is punishable by a fine of not less than $500 for each and every day the violation exists, or imprisonment for a period not to exceed six months, or both. Conviction for a third or subsequent offense, all of which were committed within a period of five years, is punishable by a fine of not less than $750 for each and every day the violation exists, or imprisonment for a period not to exceed six months, or both.