[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee as Ch. 19 of the 1976 Code. Amendments noted where applicable.]
For the purpose of this chapter, the following words and phrases used herein shall have the following meanings:
- Includes all forms of paper products, used or unused, commonly associated with the sale of food products, such as napkins, straws, cups and containers of all types.
- DRIVE-IN RESTAURANT
- Any facility for the sale and distribution of food and drinks under a common victualer's license which dispenses any such food and drink to vehicles for the purpose of consumption in said vehicles.
- Any portion of real estate upon which such drive-in restaurants are located, and includes shrubs, lawn and plants, but shall exclude any buildings, permanent or temporary, used for the consumption of food and drink within.
- PARKING AREA
- That part of the premises used by said vehicles for parking and stopping, for purposes of purchasing such food and drink or for the purpose of consuming the same.
- Shall be all inclusive and shall include the parking area, grounds and permanent buildings for the sale and consumption of food therein.
Lighting. The entire parking area of every drive-in restaurant shall be adequately lighted. Said lighting, however, shall be so arranged and distributed that no lamp or spotlight shall directly face any residence. Where it becomes necessary to employ deflectors to accomplish the purposes of this section, deflectors or other means shall be so employed. The Building Inspector of the City of Chicopee shall have the power and authority to inspect drive-in restaurants and require compliance with this section.
Sound transmission. No jukebox or other record or music-playing device shall be operated or permitted to be operated on any part of the grounds, nor shall any loudspeakers or other devices for the transmission of sound be used or be permitted to be used to reproduce or transmit music or sound from any permanent or temporary structure to any part of the grounds at any time.
Debris. Containers for debris shall be kept in easily accessible areas for the purpose of emptying trays after use. The grounds shall be free of debris at all times and shall be cleared of any debris before closing. No such debris shall be permitted to be scattered to adjoining properties and ways used for travel. The Board of Health of the City of Chicopee shall have authority to require compliance with this section.
Conduct. The person or persons in charge or control of said drive-in restaurants shall keep orderly conduct and prevent disorder and nuisance on the parking area.
Closing. No sale or delivery of any food or drink to any vehicle for consumption therein shall be made after 1:00 a.m. This section shall not apply to food or drink consumed in a building for said purpose.
Whoever applies to the Building Inspector for a permit to construct a drive-in restaurant shall satisfy said Building Inspector that he has complied with the following conditions:
That the premises upon which said construction is contemplated is a minimum of two acres in area.
That said premises shall be a minimum of 200 feet distant from the nearest church, school or residence.
That the permanent or temporary building used for dispensing food products shall be set back a minimum of 100 feet from the street line. Said minimum distance from said building to the street line shall be measured at right angles to such line.
That he has received written evidence from the Chief of Police that the location of said premises will not create a traffic hazard or hamper traffic flow in heavy traffic areas.
A common victualer's license shall not be issued to any drive-in restaurant until the Board of Health issues an approval to the License Commissioners, in writing, stating that, upon inspection, said drive-in restaurant was found qualified to sell food.
Any person violating any of the provisions of this chapter shall be punished by a fine of not less than $15 nor more than $20 for each offense.