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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 “Bona fide rRestaurant,” “meals,” “guests.” 1

“Bona fide rRestaurant” means premises licensed with any type of license maintained 2

and operated for the selling of food and in which alcoholic beverages shall not be sold 3

or served to the public as in a public premises, but upon which premises alcoholic 4

beverages may be sold or served incidentally to the sale of food. 5

(a) "Full-Service Restaurant" means a premiseslace which is regularly and in a bona 6

fide manner used and kept open for the serving of at least lunch and dinner to guests 7

for compensation and which has suitable kitchen facilities connected therewith, 8

containing conveniences for cooking an assortment of foods which may be required for 9

such meals. The sale or service of sandwiches (whether prepared in a kitchen or made 10

elsewhere and heated up on the premises) or snack foods shall not constitute a full-11

service restaurant. To be considered a Full Service Restaurant the establishment must 12

meet the following criteria: 13

(1) A "full service restaurant" shall serve "meals" to “guests” at all times the 14

establishment is open for business. An establishment shall not be considered a "full-15

service restaurant" if it served alcoholic beverages without a "meal" being provided with 16

the exception that alcoholic beverage sales to restaurant patrons may continue for up to 17

one (1) hour after meal service has ceased to allow guests to comfortably complete 18

their meals. "Meals" means the usual assortment of foods commonly ordered at various 19

hours of the day. "Guests" shall mean persons who, during the hours when meals are 20

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regularly served therein, come to a full service restaurant for the purpose of obtaining, 21

and actually order and obtain at such time, in good faith, a meal therein. 22

(2) There shall be a real offer or holding out to sell "meals." The establishmentPremises 23

shall make an offer or holding out of sales of "meals" to the public by maintaining and 24

displaying a printed menu and/or a menu board. A two-thirds majority of the items 25

offered on the menu shall be available at any given time the establishment is open. The 26

mere offering of "meals" without actual sales shall not be deemed sufficient. 27

(3) The "offer" of "meals" is not adequate to meet the above criteria. A "full service 28

restaurant" shall make actual and substantial sales of "meals" to guests for 29

compensation. Substantial sales shall mean that no less than sixty-seven (67) percent 30

of total revenue shall be generated from food service and no more than thirty-three (33) 31

percent of revenue from the sales of alcoholic beverages. 32

(4) "Meals" means the usual assortment of foods commonly ordered at various times of 33

the day for the cuisine served. The service of snack foods and/or appetizers alone shall 34

not be deemed compliance with this requirement. "Meals" shall be prepared on the 35

premises. Heating of food prepared elsewhere shall not constitute a meal for the 36

purposes of this policy. 37

(5) Premises shall be equipped for meal service and maintained in good faith. Premises 38

must possess and maintain appliances for the cooking of a variety of foods such as 39

stoves, ovens, broilers, or other devices, as well as pots, pans, or containers that can 40

be used for cooking. Premises shall possess the necessary utensils, table service, and 41

condiment dispensers with which to serve "meals" to the public. Convention centers are 42

exempt from the cooking of meals on the premises. 43

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(6) There shall be no self-service of alcoholic beverages. Alcoholic beverage service 44

shall be on an individual basis for each patron, and shall require the employee taking 45

the order and verifying the majority of the patron to also serve the alcoholic beverage to 46

the patron. This person-to-person contact will not be abridged or substituted in any way. 47

(7) A full service restaurant may have a separate lounge or bar area provided that the 48

restaurant and bar/lounge area operate as a single entity (e.g., a separate entrance to 49

the bar/lounge area for patrons not intending to purchase a meal). The physical layout, 50

entry location(s), spatial connection between the areas, and operational characteristics, 51

among other factors, shall be used to determine compliance. Any bar/lounge area 52

cannot remain open when the dining area is closed. However, the dining area may be 53

open while the bar/lounge area is closed. 54

(8) A full service restaurant shall not serve alcoholic beverages to a guest as in a 55

public premise. 56

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(b) “Quick Service Restaurant” (also known as “Fast Food Restaurant”) means an 58

premises,establishment which is regularly and in a bona fide manner used to serves 59

food or beverages for immediate consumption on the premises, or to be taken out for 60

consumption elsewhere. A Quick Service Restaurant is characterized as an 61

establishment in which food is ordered at a counter, payment is required prior to 62

consumption, there is limited seating or other physical accommodations for on-premises 63

customer dining, and there is no full table service. In addition to compliance with Section 64

23038(a), except Section 23038(a)(7), a Quick Service Restaurant must meet the 65

following criteria: 66

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(1) Quick Service Restaurants are limited to beer and wine sales only. 67

(2) A Quick Service Restaurant shall not have a bar/lounge as in a public premise or full 68

service restaurant. 69

(3) There shall be no self-service of alcoholic beverages. 70

(4) Alcoholic beverage sales are limited to on-site consumption only (i.e., no takeout, 71

walkup or drive-a-way service). 72

(5) Only single servings of alcoholic beverages shall be served in a clear container 73

provided by the establishment to the patron ordering and consuming the alcoholic 74

beverage. 75

(6) Alcoholic beverage service shall be on an individual basis for each patron, and shall 76

require the employee serving the alcoholic beverage to the patron to take the order and 77

verify majority of the patron consuming the alcoholic beverage. This person-to-person 78

contact shall not be abridged or substituted in any way. 79

(7) The seating area shall be monitored at all times that patrons are on the premises to 80

ensure that alcoholic beverages are not being taken off-premises. 81