[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee as Ch. 19 of the 1976 Code.
Amendments noted where applicable.]
For the purpose of this chapter, the following
words and phrases used herein shall have the following meanings:
Includes all forms of paper products, used or unused, commonly
associated with the sale of food products, such as napkins, straws,
cups and containers of all types.
Any facility for the sale and distribution of food and drinks
under a common victualer's license which dispenses any such food and
drink to vehicles for the purpose of consumption in said vehicles.
Any portion of real estate upon which such drive-in restaurants
are located, and includes shrubs, lawn and plants, but shall exclude
any buildings, permanent or temporary, used for the consumption of
food and drink within.
That part of the premises used by said vehicles for parking
and stopping, for purposes of purchasing such food and drink or for
the purpose of consuming the same.
Shall be all inclusive and shall include the parking area,
grounds and permanent buildings for the sale and consumption of food
therein.
A.
Lighting. The entire parking area of every drive-in
restaurant shall be adequately lighted. Said lighting, however, shall
be so arranged and distributed that no lamp or spotlight shall directly
face any residence. Where it becomes necessary to employ deflectors
to accomplish the purposes of this section, deflectors or other means
shall be so employed. The Building Inspector of the City of Chicopee
shall have the power and authority to inspect drive-in restaurants
and require compliance with this section.
B.
Sound transmission. No jukebox or other record or
music-playing device shall be operated or permitted to be operated
on any part of the grounds, nor shall any loudspeakers or other devices
for the transmission of sound be used or be permitted to be used to
reproduce or transmit music or sound from any permanent or temporary
structure to any part of the grounds at any time.
C.
Debris. Containers for debris shall be kept in easily
accessible areas for the purpose of emptying trays after use. The
grounds shall be free of debris at all times and shall be cleared
of any debris before closing. No such debris shall be permitted to
be scattered to adjoining properties and ways used for travel. The
Board of Health of the City of Chicopee shall have authority to require
compliance with this section.
D.
Conduct. The person or persons in charge or control
of said drive-in restaurants shall keep orderly conduct and prevent
disorder and nuisance on the parking area.
E.
Closing. No sale or delivery of any food or drink
to any vehicle for consumption therein shall be made after 1:00 a.m.
This section shall not apply to food or drink consumed in a building
for said purpose.
Whoever applies to the Building Inspector for
a permit to construct a drive-in restaurant shall satisfy said Building
Inspector that he has complied with the following conditions:
A.
That the premises upon which said construction is
contemplated is a minimum of two acres in area.
B.
That said premises shall be a minimum of 200 feet
distant from the nearest church, school or residence.
C.
That the permanent or temporary building used for
dispensing food products shall be set back a minimum of 100 feet from
the street line. Said minimum distance from said building to the street
line shall be measured at right angles to such line.
D.
That he has received written evidence from the Chief
of Police that the location of said premises will not create a traffic
hazard or hamper traffic flow in heavy traffic areas.
A common victualer's license shall not be issued
to any drive-in restaurant until the Board of Health issues an approval
to the License Commissioners, in writing, stating that, upon inspection,
said drive-in restaurant was found qualified to sell food.
Any person violating any of the provisions of
this chapter shall be punished by a fine of not less than $15 nor
more than $20 for each offense.
