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The sale of food, frozen desserts, beverages, candy and other products from a window or other opening in a drive-in restaurant shall not be permitted unless such window or opening is at least ten (10) feet from the property line; however, the provisions hereof shall not apply to sidewalk vending to pedestrian traffic.
(1953 Code, ch. 13, § 74; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
The licensee shall at all times provide access available to public streets from not more than two (2) points, nor less than one (1) point, on each abutting street; in addition, he may provide access at not more than two (2) points on each abutting public alley. Such means of access shall be kept clear by the licensee at all times to facilitate departure and entrance of persons in motor vehicles and to permit entrance and exit of fire apparatus or ambulances in case of emergency.
(1953 Code, ch. 13, § 75; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
All of the parking area of any drive-in restaurant shall be adequately illuminated by electric lights, to a minimum light intensity of two (2) footcandles of light; but all illumination shall be so arranged by the licensee as to be directed away from any adjoining residential property. The lights utilized for illumination shall be so designed and installed as to minimize glare and to prevent direct beams from invading or traveling to surrounding residential property or the adjoining and abutting streets.
(1953 Code, ch. 13, § 76; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
The parking area on the premises of a drive-in restaurant shall be satisfactorily paved or treated with a dustproof material by the licensee or owner of the premises so as to avoid creating dust and so as to provide for adequate drainage of surface water.
(1953 Code, ch. 13, § 77; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
The licensee or owner of the premises shall furnish and install a wall or barrier sufficient to prevent the passage of motor vehicles from or to the licensed premises except at the entrances and exits specified in section 7-174. This required wall or barrier shall be located on the lot lines (except at openings required by section 7-174) of the premises or in such other location as will physically prevent any part of a motor vehicle inside the premises from overhanging or encroaching on any part of a public sidewalk or alley.
(1953 Code, ch. 13, § 78; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
The licenses required by section 7-161 shall be in addition to all other licenses required by law.
(1953 Code, ch. 13, § 80; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
The director of finance shall have the authority to revoke or suspend a license issued hereunder when he finds:
Sec. 7-179(1). That the licensee is operating in violation of this article or of any other governing law, ordinance or regulation relating to or regulating the business; and
Sec. 7-179(2). The licensee has failed or refused to cease and desist from violation upon five (5) days' notice so to do by the director of finance; or
Sec. 7-179(3). In the event the licensee has three (3) previous violations upon which he has received notice and again violated the provisions of this article, the director of finance may revoke or suspend such license, without giving previous notice of such violation; but the notice of hearing required by this article shall be given and the procedure therein specified shall be followed. Notices required by this article may be served by certified mail addressed to licensee at the address of the licensed business or by personal service.
(1953 Code, ch. 13, § 81; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
Before revoking any license, the director of finance shall give notice in the manner provided by section 7-179 to the licensee concerned that a hearing to revoke the license will be held at a specified place, and at a time not sooner than five (5) days from the date of such notice. This notice shall clearly and concisely state the grounds and reasons relied upon for revocation. The director of finance shall hold the hearing at the time and place specified, unless adjourned by consent of all parties, and the licensee shall be allowed to appear in person and by counsel, offer proof, and evidence. A record shall be kept of all the proceedings at such hearing, and a transcript of all evidence offered shall be made and filed. No license shall be revoked except when grounds therefor as provided in section 7-179 are satisfactorily established by the proofs offered as shown by the record of proceedings and transcript of the hearing. The decision of the director of finance suspending or revoking any license shall be final; but the licensee may, within twenty (20) days of any such order of suspension or revocation, appeal said order to the Superior Court of the State of Arizona in and for the County of Pima. In the event of any such appeal, the matter shall be heard de novo by the Superior Court. A licensee's right to do business under the authority of its license shall not be suspended until final determination of the license revocation or suspension proceedings, provided that the subsequent conduct of the business shall be in accordance with this article, pending decision.
(1953 Code, ch. 13, § 82; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
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