San Dimas Municipal Code Ch. 5.68 Food Serving Establishments

No café, food establishment, public eating place or sidewalk vendor shall remain in business or operate any business, café, food establishment, public eating place or sidewalk vending cart within the city unless he or she has in effect a permit from the health officer for conducting the same.

(Prior code § 8-12; Ord. 1265 § 4, 2019)

Drive-in or take-out restaurants shall meet the requirements set forth as follows:

A. Health Permit Required. No permit shall be issued under this section for any drive-in or take-out restaurant unless a health permit has been issued and remains in full force and effect for the conducting of such business on premises;

B. Application for and Issuance of Permit. Each application for a permit under this section shall be referred to the health officer for processing and report. If the health officer approves the issuance of a permit, the city clerk, pursuant to Section 5.32.030 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;

C. Maintenance of Premises by Permittee. The permittee shall maintain such premises in accordance with the terms and provisions of this section and this code 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;

D. 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 such 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 such property unclean, unsafe and unsightly;

E. 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 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;

F. Persons Responsible. "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 section: Applicant, permittee, owner, manager, proprietor or employee of the foregoing, or any other person in charge of any such premises;

G. Conduct 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 such 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 such 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 such 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 such premises for the primary purpose of cruising a motor vehicle on such premises, racing a motor vehicle on such premises, or 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 such premises,

5. No person shall drive a motor vehicle onto any of such 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,

6. No person shall leave a motor vehicle on such premises so as to block any driveway of ingress or egress,

7. It is unlawful for any person on such 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 of the state;

H. Interference with Use of Premises. Any person remaining on such 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 such 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 such persons are in the process of waiting for, receiving or consuming a product vended on such premises;

I. Required 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 such 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."

J. Permissible Additions to 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.

San Dimas Municipal Code 5.68.020.

"Law Enforcement Agency, Los Angeles County Sheriff (Telephone Number of Sheriff's Dept.)"

(Prior code § 9-7.1)