B. Another exception is limited to restaurant, hotel or retail dispenser licensees only (not clubs). It is often referred to as the Pizza Hut exception. This exception allows minors to frequent a licensed premises for the purpose of eating food or drinking non-alcoholic beverages without needing any supervision. All of the following conditions must be met:
1. The licensee must be able to demonstrate that 50 percent or more of its total gross sales is food and non-alcoholic beverages.
· This demonstration is based on overall sales over extended periods of time.
2. The minors must not be seated at the bar section of the establishment.
Ex: Two 19-year-olds enter a chain restaurant for dinner. The bar area is clearly separated from the dining area. The patrons may be seated at a table or booth in the bar section as long as they are not seated at the bar.
3. Alcoholic beverages may not be served at the table or booth at which the minor is seated unless the minor is with a parent, court-appointed legal guardian or under “proper supervision” as previously defined.
Ex: Three people enter a restaurant. One orders water, one orders a soda and one orders a beer. You card the one who ordered alcohol and he/she is 24. Can you serve that person? In this situation, you would have to card everyone sitting at the table to see how old the non-alcoholic drinkers are. If they are both over 21, then you can serve the 24-year-old. If they are under 21, you can only serve alcohol at that table if there is a parent, court-appointed legal guardian, or proper supervisor sitting at that table.
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Slide 58: Pizza Hut Exception