731.10 BUSINESS HOURS; ATTENDANT REQUIRED; SELF-SERVICE.
   (a)   No gasoline and oil filling station situated on a lot which is located within 250 feet of any property within a Class U-1, U-2 or U-3 Zoning District shall be operated between the hours of 11:30 p.m. and 6:30 a.m. of the following day, nor shall the access lighting or other exterior lighting be operated during such hours.
(Ord. 97-1970. Passed 5-18-70.)
   (b)   A gasoline or oil filling station affected by the provisions of subsection (a) hereof may request that Council extend its hours of operation so that it may operate during the prohibited hours of operation listed above. Said request shall be in writing and state the name and location of the gasoline or oil filling station and the proposed extended hours of operation, and shall contain a statement explaining how the extended hours will not negatively impact on the peace and quiet of the surrounding area. After receiving said application, with required fee, Council may, by resolution, extend the hours of operation as it sees fit or deny the application. Council shall review any extended hours that were granted at least every three years and may revoke or amend the extended hours after considering any complaints, verified nuisance activities, impact on the neighborhood and any other relevant factors that are brought to the attention of Council. Council may require the engagement of armed security guards during the extended hours of operation. Council may consider the following: property tax delinquency on the subject parcel, nuisance activities occurring on the premises; violation notices issued by the Building Department, Zoning Department or Fire Prevention Bureau; security plan; and if written consent for the extended hours was obtained from abutting residential property owners/tenants. The initial application fee is one hundred dollars ($100.00) and the annual renewal fee is fifty dollars ($50.00).
(Ord. 121-1992. Passed 5-4-92; Ord. 104-2016. Passed 9-6-16; Ord. 22-2017. Passed 3-6-17; Ord. 41-2017. Passed 4-3-17; Ord. 82-2018. Passed 6-4-18.)
   (c)   No person, firm or corporation shall make a gasoline delivery to any gasoline dealership, consumer outlet, gasoline or automobile filling station, automobile service station or other place of business selling gasoline, within the City, from any tank wagon, truck or other vehicle except in the presence of the owner, lessee or proprietor of such gasoline dealership, consumer outlet, gasoline or automobile filling station, automobile service station or other place of business selling gasoline, or in the presence of a duly authorized attendant employed by such owner, lessee or proprietor.
(Ord. 97-1970. Passed 5-18-70.)
   (d)   No gasoline and oil filling station shall be operated at any time without the presence of the owner, lessee or proprietor of such gasoline and oil filling dealership or without the presence of a duly authorized attendant employed by such owner, lessee or proprietor.
(Ord. 55-1971. Passed 3-1-71.)
   (e)   No gasoline and oil filling station offering self-service pursuant to Ohio R.C. Chapter 3741 shall operate at any time except as follows:
      (1)   Each filling station offering self-service shall be under the direct control of a supervisor, employee or attendant at all times when gasoline or other flammable liquids are being dispensed or sold.
      (2)   Gasoline and other flammable liquids can be dispensed only by a person who is not smoking and who, in the judgment of such supervisor, employee or attendant, appears to be able and competent.
      (3)   A sign bearing the following words in block letters at least two inches in height shall be conspicuously posted on each gasoline pump island where self-service is offered:
         A.   STOP ENGINE.
         B.   NO SMOKING.
         C.   WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS.
      (4)   All signs required by this section are to be constructed of rigid, weather-resistant material.
(Ord. 3-1977. Passed 1-3-77.)