As used in this chapter:
shall mean any café, food establishment or public
eating place where food or frozen dessert, or beverage or drink is
delivered to, served directly or sold to anyone for consumption on
the premises at tables or stands in the open or unenclosed areas,
or in any vehicle stopped, standing or parked upon the premises, or
in or upon any street, alley, land, parking area or grounds immediately
adjacent to said premises, or for consumption off the premises.
shall mean and include each of the following persons, each
and all of whom shall be responsible for all the duties and obligations
imposed by and upon an operator by this chapter, to wit: the owner,
manager, proprietor, employee or any other person in charge of a drive-in
or take-out restaurant as defined in this chapter.
(Prior code § 5-7.1)
Every operator shall maintain his/her premises for drive-in
or take-out restaurant in accordance with the terms and provisions
of this chapter. He or she shall not cause or create or permit any
loud music, noise or other sounds by means of phonograph, radio or
other broadcasting apparatus or device, the sound output of which
exceed at peak volume 75 decibels measured 20 feet from the loudspeaker
or horn, or 70 decibels measured 75 feet from the loudspeaker or horn,
and shall not permit fighting, quarreling, loitering or loud noise
or any other nuisance whereby the quiet and peace of the premises
or of the neighborhood is disturbed.
(Prior code § 5-7.2)
The operator shall, at least once in every 48 hours, dispose
of waste materials or refuse deposited or accumulating on the premises
of the operator. The operator shall provide and maintain on said premises
a sufficient number of adequate waste receptacles, not less than two
in number, for the use of consumers. Waste or refuse as used herein
includes paper cups, paper plates, straws, napkins, food, beverage,
drink, frozen dessert, garbage and all other waste material intended
for disposal and which, if not placed in a proper receptacle therefor,
tends to create a public nuisance by rendering said property unclean,
unsafe and unsightly.
(Prior code § 5-7.3)
Each operator shall place and maintain at suitable locations
on the premises, as approved by the City Manager, appropriate traffic
control devices and signs and markings directing traffic entering
and leaving the premises, and shall designate and mark parking spaces
for the parking of vehicles of patrons on the premises.
(Prior code § 5-7.4)
In order to protect the public peace, health, safety and welfare,
the quiet and peace of the surrounding neighborhood, and in order
to prevent activity which may be inimical to premises upon which food
is prepared or served, the following conduct is prohibited, and no
person shall enter or remain on said premises, or conduct any activity,
or cause to be conducted any activity contrary thereto:
A.
No person
on the premises shall race or accelerate the motor of any vehicle,
or bring to a sudden start or stop any motor vehicle, or blow or honk
the horn of any motor vehicle, except where reasonably necessary in
the operation thereof.
B.
No person
shall place, throw or deposit any garbage, refuse or waste material
upon, in or outside of the said premises, except in waste or refuse
receptacles provided therefor on said premises.
C.
No person
shall enter the premises of any drive-in restaurant in a motor vehicle
of any description and park said vehicle and leave the premises thereof
without getting the consent of the permittee or owner or operator
of said drive-in restaurant.
D.
No person
shall enter the premises of a drive-in restaurant in a motor vehicle
except for the purpose of conducting business with the permittee,
owner, manager or proprietor thereof and no such person shall enter
said premises for the purpose of cruising a motor vehicle on said
premises, racing a motor vehicle on said premises, or as a short cut
to another street or alley, or for the purpose of annoying or endangering
any person or persons or other vehicle or vehicles lawfully on said
premises.
E.
No person
shall drive a motor vehicle onto any of said premises and then off
of said premises without first parking thereon, unless there is no
unoccupied parking space available on said premises, or unless said
person makes or attempts to make a purchase thereon.
F.
No person
shall leave a motor vehicle on said premises so as to block any driveway
of ingress or egress.
G.
It is
unlawful for any person on said premises to have in his/her possession
any bottle, can or other receptacle containing any alcoholic beverage
which has been opened, or a seal broken, or the contents of which
have been partially removed.
This subsection does not apply within premises licensed under
Alcoholic Beverage Control Act, or to any person under 21 years of
age, or to anyone keeping alcoholic beverage in a vehicle in the manner
authorized by the Vehicle Code.
(Prior code § 5-7.5)
Any person remaining on said premises after being asked by the operator, which includes the proprietor, manager or employee thereof, to leave and refusing to do so is guilty of a violation per Chapter 1.08. It is unlawful for a group of two or more persons to congregate and linger on any of said premises other than in a restaurant or café or public eating house or other building provided for delivery or consumption of food, or other than in a legally parked motor vehicle, except where said persons are in the process of waiting for, receiving or consuming a product vended on said premises.
(Prior code § 5-7.6)
Each operator owning, operating, managing or conducting a drive-in
restaurant where motor vehicle parking spaces or driveways are provided
for customer use, shall place in conspicuous places at each entrance
and exit from said premises, as well as in at least two other places,
signs in letters at least two inches in height on contrasting background
containing words or phrases as follows:
Unnecessary noise, motor racing, vehicle cruising or congregating
and loitering outside of a motor vehicle is unlawful. No unoccupied
vehicle may be left on the premises without the consent of the owner.
(Prior code § 5-7.7)
