Chapter 8.04 — DRIVE-IN AND TAKE OUT RESTAURANTS

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

"Drive-in or take-out restaurant." Any cafe, food establishment or public eating place as defined in this chapter 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 vehicles stopped, standing or parked upon the premises, or in or upon any street, alley, land, parking area or grounds immediately adjacent to such premises, or for consumption off of the premises.

(1961 Code, § 12A.1; Ord. 432)

• A. Health permit. No permit shall be issued under this chapter for any drive-in or takeout restaurant unless a health permit has been issued and remains in full force and effect for the conducting of such business on the premises.

• B. 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 Financial Services Director shall, upon payment of the required business license fee and upon compliance with the terms and provisions of this section and this code, issue a permit to such applicant.

(1961 Code, § 12A.2; Ord. 432)

• A. The permittee shall maintain the premises in accordance with the terms and provisions of this section and this code.

  1. Loud noise, and the like. The permittee shall not cause or create or permit any loud music, noise or other sounds by means of phonograph, radio, or other broadcasting apparatus or devise, the sound output of which exceeds at peak volume seventy-five (75) decibels measured twenty (20) feet from the loud speaker or horn, or seventy (70) decibels measured seventy-five (75) feet from the loud speaker 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.

  2. Refuse disposal. The permittee shall, at least once in every forty-eight (48) hours, dispose of waste materials or refuse deposited or accumulating on the premises of the permittee. The permittee shall provide and maintain on such premises a sufficient number of adequate waste receptacles, not less than two (2) 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 such property unclean, unsafe, and unsightly.

  3. Traffic controls. Each permittee shall place and maintain at suitable locations on the premises, as approved by the City Engineer, appropriate traffic control devices and signs and markings directing traffic entering and leaving the premises and shall designate and mark parking spaces for the parking of vehicles of patrons on the premises.

• B. "Permittee," as used in this section, shall mean and include the following, all of whom shall be responsible for all of the duties and obligations imposed upon the permittee by this section, to wit: applicant, permittee, owner, manager, proprietor, or any other person in charge of any such premises.

• (1961 Code, § 12A.3; Ord. 432)

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 such premises, or conduct any activity, or cause to be conducted any activity contrary thereto:

• 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 in the operation thereof.

• B. No person shall place, throw or deposit any garbage, refuse or waste material upon, in or outside of the such premises, except in waste or refuse receptacles provided therefor on such premises.

• C. No person shall enter the premises of any drive-in or takeout restaurant in a motor vehicle of any description and park such vehicle and leave the premises thereof without getting the consent of the permittee or owner or operator of such drive-in or take-out restaurant.

• D. No person shall enter the premises of a drive-in or takeout 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 such premises for the primary purpose of cruising a motor vehicle on such premises, racing a motor vehicle on such 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 such premises.

• E. No person shall drive a motor vehicle onto any of the premises and then off of such premises without first parking thereon, unless there is no unoccupied parking space available on such premises, or unless such person makes or attempts to make a purchase thereon.

• F. No person shall leave a motor vehicle on the premises so as to block any driveway of ingress or egress.

• G. It is unlawful for any person on the premises to have in his or her 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 paragraph does not apply within premises licensed under the Alcoholic Beverage Control Act, or to any person under twenty-one (21) years of age, or to anyone keeping alcoholic beverage in a vehicle in the manner authorized by the Vehicle Code. (1961 Code, § 12A.4; Ord. 432)

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 shall be unlawful for a group of two (2) or more persons to congregate and linger on any premises of a drive-in restaurant or take-out restaurant, other than within a structure enclosed on all sides, and provided for delivery or consumption of food, or other than in a legally parked motor vehicle, except where such persons are in the process of waiting for, receiving or consuming a product vended on such premises.

(1961 Code, § 12A.5; Ord. 432)

Each permittee owning, operating, managing or conducting a drive-in or take-out 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 (2) other places, signs in letters at least two (2) 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.

(1961 Code, § 12A.6; Ord. 432)

• A. 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

Brea Municipal Code Sec. 8.04.070

Law Enforcement Agency, Brea Police Department

• B. No person shall park or leave standing any vehicle on the premises where such sign is 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.

(1961 Code, § 12A.7; Ord. 432)

• A. No permit shall be issued for a drive-in or take-out 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 City Engineer, but all illumination shall be so arranged by the permittee so as to reflect away from an 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 or take-out restaurant constructed in the future, in addition, shall be provided with access available to public streets or other public ways from at least two (2) 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 (3) feet and not more than six (6) feet in height at the exterior boundaries of any area provided for customer vehicle parking and driveway, except within the front yard set-back area and at those locations approved for ingress and egress. Where such parking or driveway area abuts a street, other than an alley, no such wall shall be required. Where such parking or driveway area abuts upon an adjoining use devoted to vehicle parking or drive-ways, no such wall shall be required.

• B. The requirements of this section 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.

• C. Permits for drive-in or take-out restaurants issued to establishments existing as of the effective date of this chapter may provide that the requirements of paragraphs A.1., 2. and 4. of this section need be complied with only within twelve (12) months after the effective date of this chapter, in which event such permit shall be deemed to have lapsed unless compliance is had within such period of time.

• (1961 Code, § 12A.8; Ord. 432)

Any permit issued pursuant to this chapter may be revoked by action of the City Council after public hearing upon written findings and determination that the permittee has failed on other than isolated occasions to maintain the premises in accordance with § 8.04.030, has failed to maintain the sign required by § 8.04.060, or subsequently fails after the issuance of the permit to meet the requirements of § 8.04.080. Notice of any such public hearing shall be mailed to the permittee by first class mail, postage prepaid, at the address of the drive-in or take-out restaurant to which the permit relates at least ten (10) days prior to the date set for the public hearing. (1961 Code, § 12A.9; Ord. 432)

Each permit issued pursuant to § 8.04.020.B. shall be nontransferable. No person shall operate any drive-in or take-out restaurant within the city unless and until a permit has been issued therefor pursuant to such § 8.04.020.B. No permittee shall maintain premises of a drive-in or take-out restaurant contrary to the provisions of §§ 8.04.030, 8.04.060, or 8.04.080. Notwithstanding the foregoing, existing establishments may continue to operate for a period of ninety (90) days after the effective date of this chapter without first having obtained a permit. (1961 Code, § 12A.10; Ord. 432)