exempt. "It serves coffee and pastries, and they're both foods ... but we don't know for sure about the Safehouse," he said.The ordinance states a restaurant is for the primary purpose of serving food, he said. "If 50 percent or more of the Safehouse's sales are coffee and pastries, that certainly would be its primary purpose," Call said.
In the ordinance, the 50 percent standard separates taverns from restaurants:
- If 50 percent or more of a business's revenue comes from food sales, it is a restaurant and the ordinance rules.
- If half or more of a business's revenue comes from alcohol sales, it is a bar and smoking is allowed.
If the Safehouse gets less than 50 percent of its revenue from food sales, its status as a restaurant "would have to be determined in court," Call said.