A. Conditions For Approval: Upon approval of the governing body, a drive-in area adjacent or contiguous to the licensed room may be used by the holder of a retail liquor license for taking orders, making delivery of and receiving payment for alcoholic liquor or malt beverages under the following conditions:
1. The holder of the retail liquor license shall own the area or hold a written lease for the period for which the license was issued;
2. No part of the area used for orders, delivery and making payment shall be more than forty feet (40') distant from the licensed room;
3. The area shall be well lighted and subject to inspection by the licensing authority at any and all times;
4. No walls or screens shall interfere with observing and checking the part of the area used for orders, delivery and payment;
5. No order shall be received from nor delivery made to a minor or intoxicated person in the area;
6. No part of a publicly owned sidewalk, highway, street, or alley shall be used for taking orders or conducting sales; and
7. Alcoholic liquor or malt beverages shall be sold and delivered in the drive-in area only in the original, unopened package and consumption of alcoholic liquor or malt beverages in the drive-in area shall not be permitted.
B. Control: The governing body shall determine whether traffic conditions or physical circumstances hindering law enforcement should require a decision forbidding or restricting sales and delivery in any drive-in area. If by resolution of the governing body the right of a licensee to use certain drive-in areas is forbidden or restricted, that resolution shall be complied with by the licensee. (Ord. 82-04, 5-18-1982)