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Brea City Code
Brea, California City Code
PART I: MUNICIPAL CODE
TITLE 1: GENERAL PROVISIONS
TITLE 2: ADMINISTRATION AND PERSONNEL
TITLE 3: REVENUE AND FINANCE
TITLE 4: RESERVED
TITLE 5: BUSINESS LICENSES AND REGULATIONS
TITLE 6: ANIMALS
TITLE 7: RESERVED
TITLE 8: HEALTH, SAFETY AND WELFARE
TITLE 9: RESERVED
TITLE 10: VEHICLES AND TRAFFIC
TITLE 11: RESERVED
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PROPERTY
TITLE 13: UTILITIES
TITLE 14: SUSTAINABLE PROVISIONS
PART II: DEVELOPMENT CODE
PARALLEL REFERENCES
CHAPTER 8.04: DRIVE-IN AND TAKE OUT RESTAURANTS
Section
   8.04.010   Defined
   8.04.020   Permit for operation
   8.04.030   Maintenance of premises by permittee
   8.04.040   Conduct prohibited
   8.04.050   Interference with use of premises
   8.04.060   Required sign
   8.04.070   Permissible signs
   8.04.080   Additional permittee building and maintenance requirements
   8.04.090   Revocation of permit
   8.04.100   Permit not transferable
§ 8.04.010 DEFINED.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   DRIVE-IN or TAKE-OUT RESTAURANT. Any cafe, food establishment or public eating place as defined in this chapter where food or frozen dessert, or beverage or drink is delivered to, or served directly, or sold to anyone for consumption on the premises at tables or stands in the open or unenclosed areas or in any vehicles stopped, standing or parked upon the premises, or in or upon any street, alley, land, parking area or grounds immediately adjacent to such premises, or for consumption off of the premises.
('61 Code, § 12A.1) (Ord. 432, passed - - )
§ 8.04.020 PERMIT FOR OPERATION.
   A.   Health permit. No permit shall be issued under this chapter for any drive-in or takeout restaurant unless a health permit has been issued and remains in full force and effect for the conducting of such business on the premises.
   B.   Permit. Each application for a permit under this chapter shall be referred to the Health Officer for processing and report. If the Health Officer approves the issuance of a permit, the Financial Services Director shall, upon payment of the required business license fee and upon compliance with the terms and provisions of this section and this code, issue a permit to such applicant.
('61 Code, § 12A.2) (Ord. 432, passed - - )
§ 8.04.030 MAINTENANCE OF PREMISES BY PERMITTEE.
   A.   The permittee shall maintain the premises in accordance with the terms and provisions of this section and this code.
      1.   Loud noise, and the like. The permittee shall not cause or create or permit any loud music, noise or other sounds by means of phono-graph, radio, or other broadcasting apparatus or devise, the sound output of which exceeds at peak volume seventy-five (75) decibels measured twenty (20) feet from the loud speaker or horn, or seventy (70) decibels measured seventy-five (75) feet from the loud speaker or horn and shall not permit fighting, quarreling, loitering, or loud noise or other nuisance whereby the quiet and peace of the premises or of the neighborhood is disturbed.
      2.   Refuse disposal. The permittee shall, at least once in every forty-eight (48) hours, dispose of waste materials or refuse deposited or accumulating on the premises of the permittee. The permittee shall provide and maintain on such premises a sufficient number of adequate waste receptacles, not less than two (2) in number, for the use of consumers and the permittee. 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 such property unclean, unsafe, and unsightly.
      3.   Traffic controls. Each permittee shall place and maintain at suitable locations on the premises, as approved by the City Engineer, 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.
   B.    PERMITTEE, as used in this section, shall mean and include the following, all of whom shall be responsible for all of the duties and obligations imposed upon the permittee by this section, to wit: applicant, permittee, owner, manager, proprietor, or any other person in charge of any such premises.
('61 Code, § 12A.3) (Ord. 432, passed - - )
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