Council Votes to Ban Restaurant Drive-Through Windows at Night

The Santa Monica City Council has unanimously passed an ordinance banning the nighttime operation of drive-through windows near residential property, joining the list of cities across the country that have taken steps to curb fast food restaurants.

If the ordinance is confirmed by another council vote in December, all restaurants with drive-throughs next to and across from residential areas will have to get a conditional use permit after Jan. 17 to keep their windows open between 10 p.m. and 7 a.m.

City officials said the ordinance, passed Tuesday night, was necessary because of the number of residents who were being disturbed by noise and traffic from customers.

“I think the essential character of drive-through restaurants has changed in the last few years,” said Councilwoman Asha Greenberg.

“When these businesses were first permitted, they didn’t generate the kind of noise and disturbing activity they do now,” she said. “Businesses are having a harder time controlling their customers, who are honking, yelling and playing music.”

About six Santa Monica restaurants will be affected by this law, officials said.

An interim city ordinance that has been in effect since January 1995 placed the same conditions on the restaurants and would have prohibited all night drive-throughs in May 1998. The law passed Tuesday, however, allows for night drive-throughs with a conditional-use permit.

Officials said most restaurants have agreed to comply with the ban, but Foodmaker Inc., the parent company of Jack In The Box, sued Santa Monica over requirements of the interim ordinance in February 1995.

Two Jack In The Box restaurants have been operating around the clock in Santa Monica since the mid-1960s, said Shirley Gines, director of corporate communications for Foodmaker.

“We believe the city has no legal right to restrict lawful uses in this manner without payment of just compensation,” Gines said. The suit has not been resolved. City officials said public need pushed forward the ordinance

“Some customers may feel a lack of convenience, but we’re balancing that convenience with the peace and quiet of residents who want to sleep at night,” said Mayor Paul Rosenstein.