(a) No person, being the owner or in charge or control of any store or other place of business, including but not limited to all permitted commercial and retail uses outlined and defined by Chapter 1216 of the Codified Ordinances, having an entrance, exit, parking lot, loading dock or show window within 500 feet of any one-family, two-family or multi-family district, as defined by the Zoning Code of this City, shall transact any business in such store or place of business, or cause or permit the store or place of business to be open for the transaction of business after 2:30 a.m. or before 5:30 a.m. of any day.
(b) Any store or other place of business which is subject to regulation pursuant to subsection (a) hereof and is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of this chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law.
(c) No drive-in/drive-thru restaurant or food service window, outside order, outside pickup or speaker, etc., located within 250 feet of a residential dwelling, shall be allowed to operate between the hours of 12:00 a.m. midnight and 5:30 a.m.
(d) For purpose of this chapter, the terms "store or other place of business" shall not be construed to include hotels, motels, hospitals and emergency medical centers, regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Business Regulation Code.
(Ord. 1993-118. Passed 9-2-93; Ord. 2020-146. Passed 2-3-22.)