Artesia Municipal Code Ch. 13 Activities on Premises of Drive-In, Drive-Through or Take-Out Restaurants

For purposes of this chapter, the following terms shall be defined as follows:

"Drive-in restaurant"

shall mean a business establishment which serves prepared food to persons in parked or standing vehicles for consumption on the premises of the establishment.

"Drive-through restaurant"

shall mean a business establishment which serves prepared food to persons in vehicles for consumption on or off the premises of the establishment.

"Take-out restaurant"

shall mean a business establishment which serves prepared food to persons for consumption off the premises of the establishment.

(Ord. 479, § 3; Ord. 478U, § 3)

In order to protect the public health, safety and welfare, the peace and quiet enjoyment of the surrounding neighborhood, and to prevent activity which is inimical to persons and property on premises used as a drive-in, drive-through or take-out restaurant, as such terms as defined in Section 5-13.01, the following conduct is prohibited on any premises used as a drive-in, drive-through or take-out restaurant:

(a) 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 for the operation of the vehicle.

(b) No person shall place, throw or deposit any garbage, refuse or waste material in or upon the said premises, except in waste or refuse receptacles provided therefor on said premises.

(c) No person shall enter the premises in a motor vehicle, park the vehicle and leave the vehicle and the premises without the consent of the owner or operator of said premises.

(d) No person shall enter the premises in a motor vehicle except for the purpose of conducting business with the owner, manager or proprietor thereof and no such person shall enter said premises for the primary purpose of loitering on said premises, racing a motor vehicle on said premises, using the premises as a shortcut to another street or alley, or for the purpose of annoying or endangering any person or persons or other vehicle or vehicles lawfully on said premises.

(e) No person shall drive a motor vehicle onto the premises except a drive-through restaurant, and then leave the premises without first parking thereon, unless there is no unoccupied parking space available on said premises, or unless said person makes or attempts to make a purchase thereon.

(f) No person shall leave a motor vehicle on said premises so as to block any driveway used for ingress or egress.

(g) No person on said premises shall have in his or her possession any bottle, can, or other container containing any alcoholic beverage which has been opened, or the seal to the container broken, or the contents of which have been partially removed. This subsection does not apply to persons possessing alcoholic beverages served to them on the premises as authorized by a license to serve alcoholic beverages pursuant to the California Alcoholic Beverage Control Act, or to any person keeping alcoholic beverages in a vehicle in the manner authorized by the California Vehicle Code.

(h) No person shall remain on said premises after being asked by the owner, proprietor, manager or employee thereof to leave the premises. No person shall loiter on the premises other than inside an enclosed structure on the premises for the purpose of consuming food or inside a vehicle where the occupant or occupants are waiting for, receiving or consuming a product sold on said premises.

(Ord. 479, § 3; Ord. 478U, § 3)