A. Restrictions: 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 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, or 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 town council 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 orders shall be received from, nor delivery made to, a person under the age of twenty one (21) years 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.
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. (1987 Code § 5.08.310)
B. Authority To Forbid Or Restrict: The agents and officers of the town council administering the retail liquor license 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 town council, the right of the licensee to use certain drive-in areas is forbidden or restricted, that resolution shall be complied with by the licensee. (1987 Code § 5.08.320)