The following terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“CONVENIENCE BUSINESS.”
(1) Any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11:00 p.m. and 5:00 a.m.
(2) The term “CONVENIENCE BUSINESS” does not include:
(a) A business that is solely or primarily a restaurant.
(b) A business that always has at least five employees on the premises after 11:00 p.m. and before 5:00 a.m.
(c) A business that has at least 10,000 square feet of retail floor space.
(3) The term “CONVENIENCE BUSINESS” does not include any business in which the owner or members of his or her family work between the hours of 11:00 p.m. and 5:00 a.m.
“EMPLOYEE.” The person, corporation, partnership, joint venture or group enterprise legally responsible for the day- to-day operation of the convenience business.
“OWNER.” The person, corporation, partnership, joint venture or other group enterprise having lawful possession of the premises upon which the convenience business is operated.
(Ord. 492, passed 3-1-90; Am. Ord. 1325, passed 6-4-09)