Code Section: 790.92

Subject: NC definitions - Restaurant

Effective Date: 12/87

Interpretation:

   When a restaurant holding an ABC No. 41 license applies for an ABC No. 47 license, the operation is considered to be adding a bar. This is because a No. 41 is for beer and wine only with food while a No. 47 also allows liquor sales with food. The full liquor sales, while it must be in conjunction with the sale of food on the same premises, need not be confined to tables where food is being served; therefore, the liquor sale could operate separately from the food service as a bar. If an existing restaurant holding the ABC No. 41 is a nonconforming use or automatic conditional use, the granting of a No. 47 license would constitute adding a bar which would be an intensification requiring a conditional use authorization.