753.01 DEFINITIONS.

   As used in this section:

   (a)    "Late night retail establishment" means any person, partnership, corporation, or other entity which:

      (1)    Derives fifty percent (50%) or more of its gross income from the sale of goods, merchandise, or other articles of value; and

      (2)    Sells goods, merchandise, or other articles of value in their original containers between the hours of 10:00 p.m. and 6:00 a.m. Specifically excluded from this definition are establishments whose owners are the sole operators and/or clerks present during the subject hours of operation.

   (b)    "Late night gas station" means any person, partnership, corporation, or other entity who sells gasoline or other petroleum fuel to the public between the hours of 10:00 p.m. and 6:00 a.m. Specifically excluded from this definition are establishments whose owners are the sole operators and/or clerks present during the subject hours of operation.

      (Ord . 1984-25. Passed 8-27-84.)