Chapter 5.08
DRIVE-IN RESTAURANTS
Sections:
5.08.030 Health permit prerequisite to obtaining permit.
5.08.040 Application for permit.
5.08.050 Maintenance of premises by permittee.
5.08.090 Premises—Acts prohibited.
5.08.100 Interference with use of premises.
5.08.110 Required parking sign.
5.08.120 Permissible parking signs.
5.08.130 Additional permittee building and maintenance requirements.
5.08.010 Defined.
A “drive-in or take-out restaurant” means any cafe, food establishment or public eating place as defined in any ordinance of the city where food or frozen dessert, or beverage or drink is delivered to, or served directly, or sold to anyone for consumption on the premises at tables or stands in the open or unenclosed areas or in any vehicle stopped, standing or parked upon the premises, or in or upon any street, alley, land, parking area or grounds immediately adjacent to the premises, or for consumption off the premises. (Ord. 183 § 1, 1966)
5.08.020 Permit required.
No drive-in or take-out restaurant business shall be established or maintained by any person until such person has obtained a permit from the city manager to operate same. (Ord. 183 § 2(a), 1966)
5.08.030 Health permit prerequisite to obtaining permit.
No permit shall be issued under this chapter for any drive-in or take-out restaurants unless a health permit has been issued and remains in full force and effect for the conducting of the business on the premises. (Ord. 183 § 2(b), 1966)
5.08.040 Application for permit.
Each application for a permit under this chapter shall be referred to the health officer for processing and report. If the health officer approves the issuance of a permit, the city manager shall, upon payment of the required business license fee and upon compliance with the terms and provisions of this chapter, issue a permit to the applicant. (Ord. 183 § 2(c), 1966)
5.08.050 Maintenance of premises by permittee.
The permittee shall maintain the premises in accordance with the terms and provisions of this chapter and shall not cause or create or permit any loud music, noise or other sounds by means of phonograph, radio, or other broadcasting apparatus or device, the sound output of which exceeds at peak volume seventy-five decibels measured twenty feet from the loudspeaker or horn, or seventy decibels measured seventy-five feet from the loudspeaker or horn and shall not permit fighting, quarreling, loitering, or loud noise or other nuisance whereby the quiet and peace of the premises or of the neighborhood is disturbed. (Ord. 183 § 2(d), 1966)
5.08.060 Refuse disposal.
The permittee shall, at least once in every forty-eight hours, dispose of waste materials or refuse deposited or accumulating on the premises of the permittee. The permittee shall provide and maintain on the premises a sufficient number of adequate waste receptacles, not less than two in number, for the use of consumers and the permittee. Waste or refuse as used herein includes paper cups, paper plates, straws, napkins, food, beverage, drink, frozen dessert, garbage, and all other waste material intended for disposal and which, if not placed in a proper receptacle therefor, tends to create a public nuisance by rendering the property unclean, unsafe, and unsightly. (Ord. 183 § 2(e), 1966)
5.08.070 Traffic controls.
Each permittee shall place and maintain at suitable locations on the premises, as approved by the city manager, appropriate traffic control devices and signs and marking directing traffic entering and leaving the premises and shall designate and mark parking spaces for the parking of vehicles of patrons on the premises. (Ord. 183 § 2(f), 1966)
5.08.080 Permittee defined.
“Permittee,” as used herein, means and includes the following, all of whom shall be responsible for all of the duties and obligations imposed upon the permittee by this chapter: applicant, permittee, owner, manager, proprietor, employee of the foregoing, or any other person in charge of any such premises. (Ord. 183 § 2(g), 1966)
5.08.090 Premises—Acts prohibited.
In order to protect the public peace, health, safety and welfare, the quiet and peace of the surrounding neighborhood, and in order to prevent activity which may be inimical to premises upon which food is prepared or served, the following conduct is prohibited, and no person shall enter or remain on the premises, or conduct any activity, or cause to be conducted any activity contrary thereto:
(1) No person on the premises shall race or accelerate the motor of any vehicle, or bring to a sudden start or stop any motor vehicle, or blow or honk the horn of any motor vehicle, except where reasonably necessary in the operation thereof;
(2) No person shall place, throw or deposit any garbage, refuse or waste material upon, in or outside of the premises, except in waste or refuse receptacles provided therefor on the premises;
(3) No person shall enter the premises of any drive-in restaurant in a motor vehicle of any description and park the vehicle and leave the premises thereof without getting the consent of the permittee or owner or operator of the drive-in restaurant;
(4) No person shall enter the premises of a drive-in restaurant in a motor vehicle except for the purpose of conducting business with the permittee, owner, manager or proprietor thereof and no such person shall enter the premises for the primary purpose of cruising a motorvehicle on the premises, racing a motorvehicle on the premises, or as a short cut to another street or alley, or for the purpose of annoying or endangering any person or persons or other vehicle or vehicles lawfully on the premises;
(5) No person shall drive a motor vehicle onto any of the premises and then off of the premises without first parking thereon, unless there is no unoccupied parking space available on the premises, or unless the person makes or attempts to make a purchase thereon;
(6) No person shall leave a motor vehicle on the premises so as to block any driveway of ingress or egress;
(7) It is unlawful for any person on the premises to have in his possession any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. This subsection does not apply within premises licensed under the Alcoholic Beverage Control Act, or to any person under twenty-one years of age, or to anyone keeping alcoholic beverage in a vehicle in the manner authorized by the Vehicle Code. (Ord. 183 § 2(h), 1966)
5.08.100 Interference with use of premises.
Any person remaining on the premises after being asked by the permittee, proprietor, manager or employee thereof to leave and refusing to do so is guilty of a misdemeanor. It is unlawful for a group of two or more persons to congregate and linger on any of the premises other than in a restaurant or cafe or public eating house or other building provided for delivery or consumption of food, or other than in a legally parked motor vehicle, except where the persons are in the process of waiting for, receiving or consuming a product vended on the premises. (Ord. 183 § 2(i), 1966)
5.08.110 Required parking sign.
Each permittee owning, operating, managing or conducting a drive-in restaurant where motor vehicle parking space or driveways are provided for customer use shall place in conspicuous places at each entrance and exit from the premises, as well as in at least two other places, signs in letters at least two inches in height on contrasting background containing words or phrases as follows:
“Unnecessary noise, motor racing, vehicle cruising or congregating and loitering outside of a motor vehicle is unlawful. No unoccupied vehicles may be left on the premises without the consent of the owner.”
(Ord. 183 § 2(j), 1966)
5.08.120 Permissible parking signs.
In addition to the foregoing sign, any permittee may add the following:
“Parking Limited to Customers of (Name of Premises).
Public Parking Prohibited
Unauthorized Vehicles Will be Removed
Law Enforcement Agency, Los Angeles County Sheriff
(Telephone Number of Sheriff’s Department.)”
No person shall park or leave standing any vehicle on the premises where no sign posted unless with the actual consent of the permittee or for the purpose of conducting business with the permittee or for the purpose of receiving or purchasing a product from the permittee or consuming or receiving a product of food vended, sold or delivered by the permittee. (Ord. 183 § 2(k), 1966)
5.08.130 Additional permittee building and maintenance requirements.
No permit shall be issued for a drive-in or takeout restaurant and no permit shall be maintained in full force and effect for any permittee unless:
(1) The parking and driveway area of any such premises are adequately illuminated by electrical lights in accordance with the standards established by the chief building official for commercial parking areas, but all illumination shall be so arranged by the permittee so as to reflect away from any adjoining residential property;
(2) The parking and driveway areas of the premises shall be satisfactorily paved or treated so as to avoid creating dust and so as to provide for adequate drainage of surface water;
(3) Any drive-in restaurant constructed in the future, in addition, shall be provided with access available to public streets or other public ways from at least two points at all times. Such means of access shall be kept clear by the permittee at all times to facilitate the departure of persons in motor vehicles and to permit entrance of fire apparatus or ambulances, law enforcement vehicles or other emergency vehicles;
(4) Each permittee shall provide and maintain a reinforced cement or block masonry wall not less than three feet and not more than six feet in height at the exterior boundaries of any area provided for customer vehicle parking and driveway, except within the front yard setback area and at those locations approved for ingress and egress. Where the parking or driveway area abuts a street, other than an alley, no such wall shall be required. Where the parking or driveway area abuts upon an adjoining use devoted to vehicle parking or driveways, no such wall shall be required. The requirements of this subsection may be modified upon application to the city council and the establishment of unusual circumstances making the application of this subsection under such circumstances unreasonable or unnecessary. In granting such a modification, the city council may impose any reasonable conditions in order to protect the public health, peace, safety and welfare. (Ord. 183 § 2(1), 1966)