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CAL COUNCIL’S PROPOSAL FOR A NEW “BONA FIDE PUBLIC EATING PLACE” DEFINITION Version: 02.25.10 Revised 06.15.10 1

“Bona fide rRestaurant,” “meals,” “guests.”

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“Bona fide rRestaurant” means premises licensed with any type of license maintained

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and operated for the selling of food and in which alcoholic beverages shall not be sold

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or served to the public as in a public premises, but upon which premises alcoholic

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beverages may be sold or served incidentally to the sale of food.

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(a) "Full-Service Restaurant" means a premiseslace which is regularly and in a bona

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fide manner used and kept open for the serving of at least lunch and dinner to guests

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for compensation and which has suitable kitchen facilities connected therewith,

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containing conveniences for cooking an assortment of foods which may be required for

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such meals. The sale or service of sandwiches (whether prepared in a kitchen or made

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elsewhere and heated up on the premises) or snack foods shall not constitute a full-

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service restaurant. To be considered a Full Service Restaurant the establishment must

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meet the following criteria:

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(1) A "full service restaurant" shall serve "meals" to “guests” at all times the

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establishment is open for business. An establishment shall not be considered a "full-

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service restaurant" if it served alcoholic beverages without a "meal" being provided with

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the exception that alcoholic beverage sales to restaurant patrons may continue for up to

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one (1) hour after meal service has ceased to allow guests to comfortably complete

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their meals. "Meals" means the usual assortment of foods commonly ordered at various

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hours of the day. "Guests" shall mean persons who, during the hours when meals are

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regularly served therein, come to a full service restaurant for the purpose of obtaining,

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and actually order and obtain at such time, in good faith, a meal therein.

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(2) There shall be a real offer or holding out to sell "meals." The establishmentPremises

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shall make an offer or holding out of sales of "meals" to the public by maintaining and

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displaying a printed menu and/or a menu board. A two-thirds majority of the items

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offered on the menu shall be available at any given time the establishment is open. The

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mere offering of "meals" without actual sales shall not be deemed sufficient.

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(3) The "offer" of "meals" is not adequate to meet the above criteria. A "full service

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restaurant" shall make actual and substantial sales of "meals" to guests for

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compensation. Substantial sales shall mean that no less than sixty-seven (67) percent

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of total revenue shall be generated from food service and no more than thirty-three (33)

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percent of revenue from the sales of alcoholic beverages.

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(4) "Meals" means the usual assortment of foods commonly ordered at various times of

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the day for the cuisine served. The service of snack foods and/or appetizers alone shall

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not be deemed compliance with this requirement. "Meals" shall be prepared on the

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premises. Heating of food prepared elsewhere shall not constitute a meal for the

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purposes of this policy.

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(5) Premises shall be equipped for meal service and maintained in good faith. Premises

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must possess and maintain appliances for the cooking of a variety of foods such as

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stoves, ovens, broilers, or other devices, as well as pots, pans, or containers that can

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be used for cooking. Premises shall possess the necessary utensils, table service, and

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condiment dispensers with which to serve "meals" to the public. Convention centers are

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exempt from the cooking of meals on the premises.

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(6) There shall be no self-service of alcoholic beverages. Alcoholic beverage service

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shall be on an individual basis for each patron, and shall require the employee taking

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the order and verifying the majority of the patron to also serve the alcoholic beverage to

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the patron. This person-to-person contact will not be abridged or substituted in any way.

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(7) A full service restaurant may have a separate lounge or bar area provided that the

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restaurant and bar/lounge area operate as a single entity (e.g., a separate entrance to

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the bar/lounge area for patrons not intending to purchase a meal). The physical layout,

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entry location(s), spatial connection between the areas, and operational characteristics,

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among other factors, shall be used to determine compliance. Any bar/lounge area

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cannot remain open when the dining area is closed. However, the dining area may be

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open while the bar/lounge area is closed.

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(8) A full service restaurant shall not serve alcoholic beverages to a guest as in a

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public premise.

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(b) “Quick Service Restaurant” (also known as “Fast Food Restaurant”) means an

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premises,establishment which is regularly and in a bona fide manner used to serves

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food or beverages for immediate consumption on the premises, or to be taken out for

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consumption elsewhere. A Quick Service Restaurant is characterized as an

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establishment in which food is ordered at a counter, payment is required prior to

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consumption, there is limited seating or other physical accommodations for on-premises

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customer dining, and there is no full table service. In addition to compliance with Section

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23038(a), except Section 23038(a)(7), a Quick Service Restaurant must meet the

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following criteria:

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(1) Quick Service Restaurants are limited to beer and wine sales only.

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(2) A Quick Service Restaurant shall not have a bar/lounge as in a public premise or full

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service restaurant.

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(3) There shall be no self-service of alcoholic beverages.

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(4) Alcoholic beverage sales are limited to on-site consumption only (i.e., no takeout,

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walkup or drive-a-way service).

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(5) Only single servings of alcoholic beverages shall be served in a clear container

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provided by the establishment to the patron ordering and consuming the alcoholic

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beverage.

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(6) Alcoholic beverage service shall be on an individual basis for each patron, and shall

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require the employee serving the alcoholic beverage to the patron to take the order and

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verify majority of the patron consuming the alcoholic beverage. This person-to-person

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contact shall not be abridged or substituted in any way.

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(7) The seating area shall be monitored at all times that patrons are on the premises to

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ensure that alcoholic beverages are not being taken off-premises.

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CalC_ProposedRestaurantDefinitionDRAFTv4-061510TrkChg