by TacticaLogic » Thu May 27, 2010 4:30 pm
The state, since it doesn't have enough manpower to investigate and enforce the laws regarding "bars/restaurants/percentages of income derived from sale of alcoholic beverages" seems to be looking at the establishment's SIC (Standard Industrial Classification) to determine just what type of business an entity truly might be. The problem (if you want to call it that) is that bars use SIC code 5812, just as do restaurants, since bars (almost always) serve some type of food. And there is nothing illegal about it...
Now... If they do not serve any food item, and that would include peanuts on the bar, they would have to classify themselves under SIC 5813. That would be IF AND ONLY IF they served no food item. So there is no real way to differentiate between restaurant versus bar unless you had an investigator go check out every establishment licensed to serve alcohol within the State of Tennessee.
Keep in mind that these codes above are only the first 4 digits of an 8 digit code. So while 5812 indicates and establishment that serves food, 58120101 would be and American food restaurant, while 58120105 would be a German food restaurant (Gerst Haus, anyone?), and 58120112 would be a Mexican food restaurant. It would work the same way for a true bar: 58130100 is a bar/lounge, while 58130103 is a cocktail lounge (I guess this one would serve more expensive drinks with little umbrellas, but no beer?)
You can open up an establish that sells only beer and no other alcoholic beverage, but you wouldn't last that long... It cuts too close to the "break-even" mark, and the profit just isn't there. That is the reason places will sell "set-ups" such as Coke or Seven-Up for those that BYOB. They install a grill and a fryer to up the profits, and then, ALAKAZAM! They get the 5812 SIC code...
Keep in mind that the ABC is a tax collection agency... Revenuers!!! (Hey, I can say it because my dad WAS one.) It was, and still is, all about untaxed liquor... As long as the taxes are being paid on the booze, they really aren't into "splitting the fine hairs" of restaurant versus bar.
BUT I WOULD JUST LIKE TO PERSONALLY THANK RANDY RAYBURN FOR LOOKING OUT FOR THE HCP HOLDER. HE GOT THIS STRAIGHTENED OUT SO THAT I DON'T HAVE TO WORRY ABOUT "IS THIS A RESTAURANT OR A BAR?", AND AT THE SAME TIME I CAN NOW CARRY IN MANY OTHER PLACES IN WHICH I COULD NOT PREVIOUSLY CARRY UNDER THE OLD LEGISLATION! THANKS RANDY!!!
Mike
For training beyond the carry permit: