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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article to the applicant, or to any agent or employee of the applicant or a majority stockholder of the applicant, has been revoked or suspended within two (2) years prior to the date of the application, a license shall be issued only if the director of finance finds that the applicant, its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)
Such license shall remain in effect until suspended or revoked or until the licensee shall cease to do business at the location specified in the license. A license shall not be transferable.
(1953 Code, ch. 13, § 68; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
Every licensee shall use every reasonable effort to maintain quiet and good order upon the premises licensed as a drive-in restaurant and shall direct any person or persons known by the licensee or any of its employees or agents to be engaging in disorderly or immoral conduct or loitering, or in any way violating section 7-170 to leave the premises; in the event such person or persons refuse to leave the premises upon such direction, the licensee shall promptly notify the city police. The licensee shall not permit any loudspeakers or jukeboxes to be operated on such premises outside of a fully enclosed building between the hours of 11:00 p.m. and 8:00 a.m.
(1953 Code, ch. 13, § 70; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
It shall be unlawful for any person on the premises of a drive-in restaurant to 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.
(1953 Code, ch. 13, § 71; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
It shall be unlawful for any person to place, throw or deposit any waste material upon the outside premises or parking area of a drive-in restaurant or on any street, alley or adjoining property or in the vicinity of a drive-in restaurant, except in adequate receptacles provided for that purpose.
(1953 Code, ch. 13, § 72; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
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