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For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Sec. 7-160(1). Drive-in restaurant is any establishment where food, frozen dessert and/or beverage is sold to the consumer and where motor vehicle parking space is provided where such food, frozen dessert or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.
Sec. 7-160(2). Licensee is a person having a city license in full force and effect issued hereunder for a drive-in restaurant.
Sec. 7-160(3). Waste material is paper cups, straws, 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. The specifically named "waste" set forth above shall not be exclusive either as to type or kind.
(1953 Code, ch. 13, § 63; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the director of finance and shall state:
Sec. 7-162(1). The name, home address and proposed business address of the applicant;
Sec. 7-162(2). The number of motor vehicles which the proposed drive-in restaurant is designed to accommodate
Sec. 7-162(3). The hours of operation for the proposed drive-in restaurant;
Sec. 7-162(4). Such other information as is reasonably necessary to effectuate the purpose of this article and to arrive at a fair determination of whether the terms of this article have been complied with.
(1953 Code, ch. 13, § 65; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
An application hereunder shall be accompanied by a plat or drawing of the proposed drive-in restaurant showing its location, size, and capacity; the location and size of entrances and exits; the kind of ground surface of the premises; the location, size and construction of all structures; the location, size and construction of surrounding wall, faces, barriers, and parking stalls or spaces.
(1953 Code, ch. 13, § 65; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
In the event a judgment is awarded against any licensee for damages resulting from negligence in the operation and/or maintenance of a drive-in restaurant by the licensee, which judgment is not satisfied within ninety (90) days after it becomes final, then the director of finance may require the licensee to post a bond, approved as to form by the city attorney, executed by a bond or surety company authorized to do business in the state in the penal sum of five thousand dollars ($5,000.00) conditioned upon the payment by the license of any and all final judgments against the licensee for injuries or damages resulting to persons or property arising out of negligence in the operation or maintenance of any drive-in restaurant. Such bond shall run to the city for the benefit of any person who may receive injuries, and for the benefit of any person who may claim redress for property damage resulting from negligence in the operation or maintenance of such drive-in restaurant. Such bond shall remain in full force and effect for the full period of time for which the license is effective. The director of finance shall have the authority to accept, in lieu of a bond, a liability insurance policy, issued by an insurance company authorized to do business in the state, which conforms to the requirements of this section.
(1953 Code, ch. 13, § 67; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
The director of finance shall issue a license hereunder when he finds:
Sec. 7-166(1). That the applicant has complied with existing health and safety regulations of public authorities, and that the applicant is of good moral character and temperate habits;
Sec. 7-166(2). That conducting a drive-in restaurant at the location designated during the hours applied for will per se not result in the violation of any law or ordinance;
Sec. 7-166(3). That the bond or insurance policy, if required by section 7-165, has been procured, and filed in the office of the director of finance;
Sec. 7-166(4). That the requirements of this article and of all other governing laws and ordinances have been satisfied.
Sec. 7-166(5). In case a license granted under this article to the applicant, or to any agent or employee of the applicant or a majority stockholder of the applicant, has been revoked or suspended within two (2) years prior to the date of the application, a license shall be issued only if the director of finance finds that the applicant, its officers and agents, and its principal stockholders are morally responsible, have good reputations and are capable of operating the proposed drive-in restaurant in a manner consistent with the public health, safety and good morals.
(1953 Code, ch. 13, § 68; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
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