Definitions of Restaurants/Bars
I was surprised to learn recently that a Tennessee court had deemed the law allowing concealed carry in restaurants because the word "restaurant" had not been defined with sufficient clarity or distinction. I have not read the decision itself.
In other jurisdictions where I have lived legislation involving the same kind of distinction has defined a simple but demonstrable difference between "bars," for instance, and "restaurants" when both kinds of establishments served food and alcoholic beverages for on-site consumption.
An establishment serving food and beverages was defined as a restaurant if fifty percent or more of its revenue is derived from the sale of food. If the revenue derived from the sale of food is less than fifty percent, the establishment is not a restaurant.
These numbers are determinable from examination of certifications by the owners or managers of the establishments; they can be verified by audits of the establishments' records. Untruthful reports can be prosecuted as fraud or as perjury.
I do not know if Tennessee had a similar definition.
I was surprised to learn recently that a Tennessee court had deemed the law allowing concealed carry in restaurants because the word "restaurant" had not been defined with sufficient clarity or distinction. I have not read the decision itself.
In other jurisdictions where I have lived legislation involving the same kind of distinction has defined a simple but demonstrable difference between "bars," for instance, and "restaurants" when both kinds of establishments served food and alcoholic beverages for on-site consumption.
An establishment serving food and beverages was defined as a restaurant if fifty percent or more of its revenue is derived from the sale of food. If the revenue derived from the sale of food is less than fifty percent, the establishment is not a restaurant.
These numbers are determinable from examination of certifications by the owners or managers of the establishments; they can be verified by audits of the establishments' records. Untruthful reports can be prosecuted as fraud or as perjury.
I do not know if Tennessee had a similar definition.