[Adopted 11-5-1979 as §§ 14-1 and 14-62 to 14-64 of the 1979 Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- DRIVE-IN RESTAURANT
- A business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposal wrappers or containers, and served at counters either inside or outside the confines of a building or motor vehicles, so as to be intended for immediate consumption either within or without the building or in motor vehicles while parked on the premises.
- A business or establishment where food or drink is prepared, served and consumed within a building.
No restaurant or drive-in restaurant, as herein defined, shall sell or serve any prepared food or drink for consumption outside of the enclosed premises of the restaurant and/or in motor vehicles while parked on the premises or on contiguous parking areas, except that nothing herein contained shall prevent a carry-out service for the consumption of food and drink off the premises.
No person shall consume any food or drink purchased in a restaurant or drive-in restaurant, as herein defined, outside the confines of the building or in a motor vehicle while parked on the restaurant premises.
This article shall not apply to the sale, service or consumption of food at refreshment stands at parks, swimming clubs, athletic fields or similar recreation areas or the temporary operation of refreshment stands at properly licensed carnivals, circuses, bazaars or other social functions or parties or to the sale of beverages in cans or bottles at gasoline service stations.
This article shall not apply to any food-service facility or business in existence at the time of the effective date of this article (March 15, 1971).
Unless another penalty is expressly provided herein, any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $1,000, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.