imported post
Wouldn't the last line of the description of "restaurant" be an implied 51% rule? It says that the establishments prodominent purpose shall be to serve food. Prodominent meaning 51% and over, I'm assuming.
I also found something in the statutes concerning gurmet restaurants. Their requirements are that they shall have no less than 2/3 sales of food served and no less than 2/3 sales of alcohol to be wine.
Another that I found related to establishments that server coffees, teas, and pastries. It said that such establishments that mixed alcohol in coffee, tea, or other beverages were exempt form the food serveice requirements of (TC 57-4-102(27)(A).
There are some seating capacity requirements as well as described in 57-4-102(27)
Talk about "mine fields".
TC Title 57-4-102(27)
(27) (A) “Restaurant” means any public place kept, used, maintained, advertised and held
out to the public as a place where meals are served and where meals are actually and
regularly served, without sleeping accommodations, such place being provided with adequate
and sanitary kitchen and dining room equipment and seating capacity of at least seventy-five
(75) people at tables, having employed therein a sufficient number and kind of employees to
prepare, cook and serve suitable food for its guests. At least one (1) meal per day shall be
served at least five (5) days a week, with the exception of holidays, vacations and periods
of redecorating, and the serving of such meals shall be the principal business conducted. A
restaurant shall also be eligible for licensure under this subdivision (27)(A), if the
restaurant serves at least one (1) meal a day at least four (4) days a week with the
exception of holidays, vacations and periods of redecorating, and if the serving of such
meals is the principal business conducted, and if such restaurant is only open for four (4)
days a week;
(B) “Restaurant” also means any bowling center that was licensed as of January
1, 1983, to sell alcoholic beverages for consumption on the premises;
(C) (i) Within a national historical landmark district or urban park center, as
defined by this section, restaurant licensees shall not be required to meet any requirements
of this section which make food service, maintenance of a kitchen, or a dining room a
prerequisite to the issuance of a restaurant permit to serve liquor by the drink. The
provisions of this subdivision (27)(C) shall apply only to counties with a population of
more than four hundred thousand (400,000) according to the 1980 census, but those counties
having a metropolitan form of government shall be exempt from the provisions of this
subdivision (27)(C);
(ii) Within a sports authority facility as defined in this section,
restaurant licensees shall not be required to meet any of the requirements of subdivision
(27)(A) which make food service, maintenance of a kitchen, or a dining room a prerequisite
for the issuance of a permit to serve liquor by the drink;
(D) Notwithstanding the minimum seating capacity established in subdivision
(27)(A), for the purpose of a permit to serve wine, “restaurant” means any lodge or resort
with sleeping accommodations where meals are served that is located on land which is owned
by the United States department of the interior, is operated by the national park service or
its agents or contractors and is located in a county with a population of not less than
forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred
(41,500), according to the 1980 federal census or any subsequent federal census;
(E) Notwithstanding the minimum seating capacity established in subdivision
(27)(A), a restaurant with a seating capacity of at least forty (40) people at tables may be
licensed as a gourmet restaurant under this chapter. To be licensed as a gourmet restaurant,
the establishment must obtain:
(i) Not less than two thirds (2/3) of its annual gross sales from the sale
of food; and
(ii) Not less than two thirds (2/3) of its annual alcoholic beverage sales
from the sale of wine;
(F) “Restaurant” also means a facility located in any municipality having a
population in excess of one hundred thousand (100,000), according to the 1990 federal
census, or any subsequent federal census, in which coffees, teas, pastries, and other
foodstuffs are offered for sale for consumption on the premises, which facility has a
seating capacity of at least thirty (30) seats and which facility obtains at least fifty
percent (50%) of its annual gross sales from the sale of coffees, teas and pastries. Any
restaurant licensed under this subdivision (27)(F) shall be authorized to sell alcoholic
beverages for consumption on the premises only when such beverages are mixed with coffees,
teas and other beverages. A restaurant licensed under this subdivision (27)(F) need not meet
the requirement of subdivision (27)(A);
(G) “Restaurant” also means a facility:
(i) Located within one-half (½) mile of the railroad tracks in the
unincorporated area of any county having a population of not less than thirty thousand two
hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475), according
to the 1990 federal census or any subsequent federal census;
(ii) Whose primary source of income is from serving meals to its patrons,
both indoors and out-of-doors, and has a total seating capacity of at least seventy-five
(75) people at tables;
(iii) Located in a building having a total square footage of at least two
thousand five hundred square feet (2,500 sq. ft.) which was constructed prior to 1925; and
(iv) Which is located on a site used during the Civil War or within two
(2) miles of two (2) or more Civil War sites, or is within one and one-half (1 ½) miles of a
home that was built in 1884, and which is preserved as the area's best example of the Queen
Anne and Eastlake architectural styles;
(H) “Restaurant” also means a facility:
(i) Located off U.S. Highway 421 in any county having a population of not
less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen
thousand five hundred seventy-five (17,575), according to the 2000 federal census or any
subsequent federal census;
(ii) Whose primary source of income is from serving meals to its patrons
and has a total seating capacity of at least one hundred fifty (150) people; and
(iii) Which is located next to an eighteen-hole golf course; and
(I) “Restaurant” also means a facility:
(i) Located on Highway 243 in a county having a population of not less
than sixty-nine thousand four hundred (69,400) nor more than sixty-nine thousand five
hundred (69,500), according to the 2000 federal census or any subsequent federal census;
(ii) That has seating for not more than one hundred forty (140) people;
(iii) That has a music and entertainment orientation;
(iv) Whose primary source of income is derived from serving meals to its
patrons;
(v) That has a historic working original malt and soda fountain;
(vi) That is located in a historical structure formerly used as a town
hall as well as a practice venue for Grand Ole Opry hopefuls; and
(vii) That does not discriminate against any patron on the basis of age,
gender, race, religion or origin; and
(J) (i) Restaurant also means a facility that:
(a) Is owned, operated or leased by a for-profit organization
organized under the laws of this state;
(b) Does not discriminate against any patron on the basis of gender,
race, religion or national origin;
(c) Provides food service to the public or for private events and
catering with seating capacity for at least two hundred fifty (250) persons at tables,
whether or not the seating is inside or on a deck or patio;
(d) Is open at least five (5) days a week serving two (2) meals daily
with the exception of holidays, vacations, seasonal conditions and periods of redecorating,
with suitable kitchen, dining facilities and equipment;
(e) Is in the center of a full service marina and resort located on
the Tennessee River at mile marker 477.5; which full service marina has at least six hundred
(600) dry storage slips and wet slips up to eighty feet (80¢) that offers two (2) cabins
completely furnished and an inn with twelve (12) rooms that overlooks the Tennessee River;
and
(f) Is located in any county having a population of not less than
three hundred seven thousand eight hundred (307,800) nor more than three hundred seven
thousand nine hundred (307,900), according to the 2000 federal census or any subsequent
federal census;
(ii) A restaurant under this subdivision (27)(J) must comply with all the
requirements of this chapter and shall be subject to the restrictions imposed upon licenses
other than § 57-4-103;