A. Definitions: For the purposes of this section, the following terms, phrases and words shall have the meanings given herein:
CARRYOUT RESTAURANT: Any establishment where food, frozen dessert and/or beverage is sold to the consumer where parking is limited and the consumer must take such food, frozen dessert and/or beverage to another location for consumption.
DRIVE-IN RESTAURANT: Any establishment where food, frozen dessert and/or beverage is sold to the consumer, where motor vehicle parking space is provided and where such food, frozen dessert, and/or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
FEE: See section 3-1-13 of this title.
LICENSEE: A person having a city license in full force and effect issued for a drive-in restaurant.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
WASTE MATERIAL: Paper cups, straw, napkins, garbage, beverages and all other waste matter intended for disposal, which, if not placed in a proper receptacle, tends to create a public nuisance by rendering property unclean, unsafe and unsightly. (1970 Code §8-15.58; amd. 1986 Code; Ord. 99-53-0, 11-29-1999; Ord. 00-38-0, 12-13-2000)
B. Quiet And Good Order To Be Maintained: The licensee shall maintain quiet and good order upon the premises of a drive-in or carryout restaurant and shall not permit disorderly or immoral conduct or loitering. The licensee shall not cause or create any noise or other nuisance on the parking area of a drive-in restaurant whereby the quiet and good order of the premises or of the neighborhood is disturbed. (1970 Code §8-15.59; amd. 1986 Code)
C. Noise And Other Disturbances By Patrons: No person on the premises of a drive-in or carryout restaurant shall race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, blow any horn, or make or cause to be made any other loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the premises or of the neighborhood is disturbed, nor shall the licensee permit such conduct. (1970 Code §8-15.60; amd. 1986 Code)
D. Refuse Disposal:
1. Premises Free From Refuse: No person shall place, throw or deposit any waste material upon the outside premises or parking area of a drive-in or carryout restaurant or on any street, alley or adjoining property or in the vicinity of a drive-in or carryout restaurant, except in adequate receptacles provided for that purpose, nor shall the licensee permit such conduct. (1970 Code §8-15.61; amd. 1986 Code)
2. Disposal Of Refuse By Licensee; Containers: The licensee shall, at least once in twenty four (24) hours, dispose of waste materials which tend to create a public nuisance on the premises. The licensee shall keep the premises whereon the restaurant is located, together with the parking area and that portion of any street or alley adjoining the restaurant, free from waste material. The licensee shall provide the restaurant with a sufficient number of adequate refuse containers. (1970 Code §8-15.62; amd. 1986 Code)
E. Intoxicating Liquors: No person on the premises of a drive- in or carryout restaurant, whether in or out of a motor vehicle, shall drink, have in his possession or under his control, or offer to give to another to drink, any beer, wine or intoxicating liquor, nor shall the licensee permit such conduct; provided, however, that this provision shall not apply to any person when served inside the building by a drive-in or carryout restaurant duly licensed to serve such beverages. (1970 Code §8-15.63; amd. 1986 Code)
F. Parking: No person shall enter the premises of a drive-in or carryout restaurant in a motor vehicle, park said motor vehicle and then leave the premises other than in said motor vehicle without first obtaining the consent of the owner of said premises. (1970 Code §8-15.64; amd. 1986 Code)