Division 1 Generally
Division 2 License
[R.O. 2009 §12-106]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- CITY LICENSE COLLECTOR
- The City Clerk/Administrator.
- DRIVE-IN RESTAURANT
- Any establishment where food, frozen dessert or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside the building.
- A person having a City license in full force and effect issued under this Article for a drive-in restaurant.
- WASTE MATERIAL
- Paper cups, straws, napkins, garbage, beverages and all other waste matter intended for disposal which, if not placed in a proper receptacle, tends to create a public nuisance by rendering property unclean, unsafe and unsightly.
[R.O. 2009 §12-107; Code 1969 §15-4]
This Article shall be deemed and construed to be an exercise of the Police power of the City for the preservation and protection of the public safety, health and general welfare and all of its provisions shall be literally construed with a view to the effectuation of such purpose.
[R.O. 2009 §12-108; Code 1969 §15-16]
The sale of food, frozen desserts, beverages, candy and other products from a window or other opening of a drive-in restaurant shall be at least thirty (30) feet from the property line. Such windows or openings shall not be greater than thirty (30) inches by thirty (30) inches unless enclosed by a glass or screen vestibule.
[R.O. 2009 §12-109; Code 1969 §15-17]
No person on the premises of a drive-in restaurant whether in or out of a motor vehicle shall drink or offer to give to another to drink any beer, wine or intoxicating liquor, provided that this provision shall not apply to any person when served inside the building by a drive-in restaurant duly licensed to serve such beverages.
[R.O. 2009 §12-110; Code 1969 §15-18]
The licensee shall serve no person upon the premises of a drive-in restaurant any food, frozen dessert or beverage in a motor vehicle between the hours of 1:00 A.M. and 6:00 A.M. prevailing time.
[R.O. 2009 §12-111; Code 1969 §§15-12, 15-13]
The licensee shall maintain quiet and good order upon the premises of a drive-in restaurant and shall not permit disorderly or illegal conduct or loitering. The licensee shall not cause or create any noise or other nuisance on the parking area of a drive-in restaurant whereby the quiet and good order of the premises or of the neighborhood is disturbed.
No person on the premises of a drive-in restaurant shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn or make or cause to be made any other loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the premises is disturbed.
[R.O. 2009 §12-113; Code 1969 §15-15]
The licensee shall at least once in twenty-four (24) hours dispose of waste materials which tend to create a public nuisance on the premises. The licensee shall provide the premises whereon the drive-in restaurant is located, together with the parking area and that portion of any street or alley adjoining the drive-in restaurant, with a sufficient number of adequate refuse containers.
[R.O. 2009 §12-121; Code 1969 §15-5]
No person shall construct, operate or maintain a drive-in restaurant within the City without first obtaining a license as provided in this Division from the City Clerk/Administrator.
[R.O. 2009 §12-122; Code 1969 §§15-6, 15-7]
Applications for licenses required by this Division shall be made upon blank forms prepared and made available by the Board of Aldermen and shall state:
The name, home address and proposed business address of the applicant;
The number of motor vehicles which the proposed drive-in restaurant is designed to accommodate;
The hours of operation for the proposed drive-in restaurant;
Such other information as the Board of Aldermen shall find reasonably necessary to effectuate the purpose of this Article and to arrive at a fair determination of whether the terms of this Article have been complied with.
An application under this Section shall be accompanied by a plat or drawing of the proposed drive-in restaurant showing: Its location, size and capacity, the location and size of entrances and exits, the kind of ground surface, the location, size and construction of all structures and the location, size and construction of surrounding walls, fences or barriers.
An application under this Section shall be accompanied by an application fee of fifty dollars ($50.00).
[R.O. 2009 §12-123; Code 1969 §15-9]
The City Clerk/Administrator shall issue a license under this Division when the Board of Aldermen determines:
There is no apparent danger to the health and safety of the people of the City;
The applicant, its officers or agents, if any, are responsible, having a good reputation and are capable of operating the proposed drive-in restaurant in a manner consistent with the public health and safety;
Conducting a drive-in restaurant at the location designated during the hours applied for will not result in the violation of any law or ordinance and will not result in a disturbance of the peace and quiet of the neighborhood;
The requirements of this Article and of all other governing laws and ordinances have been met.
[R.O. 2009 §12-124; Code 1969 §15-8]
A license required under this Division shall be issued by the City Clerk/Administrator to a successful applicant after payment of a license fee as prescribed by this Chapter.
[R.O. 2009 §12-125; Code 1969 §15-10]
The Board of Aldermen shall have the authority to revoke or suspend a license issued under this Division when it is determined: