[Adopted 1-21-1975 as Ord. No. 3-75]
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein:
DRIVE-IN RESTAURANT
A business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposable wrappers or containers and served at counters, either inside or outside the confines of a building, or in motor vehicles, so as to be intended for immediate consumption either within or without the building or in motor vehicles while parked on the premises.
RESTAURANT
An establishment where food or drink is prepared, served and consumed for sale within the building or structure and where the above is prepared and sold for consumption off the premises of the building or structure where such activity takes place.
[Amended 12-20-05 by Ord. No. 36-2005]
It shall be unlawful for any restaurant or drive-in restaurant, as herein defined, to sell or serve any prepared food or drink for consumption outside of the enclosed premises of the restaurant and/or in motor vehicles while parked on the premises, except that nothing herein contained shall prevent a carry-out service for the consumption of food and drink off the premises and outside the confines of its building.
This Article shall not apply to the sale, service or consumption of food at refreshment stands at parks, beach clubs, swimming clubs, athletic fields or other similar recreation areas or the temporary operation of refreshment stands at properly licensed circuses, bazaars and other social functions or parties and social events conducted at a restaurant or to the sale of soda in cans or bottles at gasoline stations.
[Amended 5-18-1993 by Ord. No. 20-93]
Any person, firm or corporation violating this Article shall, upon conviction, be subject to a fine not less than fifty dollars ($50.) nor more than one thousand dollars ($1,000.) or imprisonment for a period not exceeding ninety (90) days, or both.