Legal Question in Real Estate Law in California
In Santa Clara Co., CA. - why would a retail store offering cups of tea be considered a restaurant? No food at all would be involved. Per the Dept. of Environment Health, its considered a restaurant, but I can't find anything that shows thats the case, other than their temp. permsit site mentions that drinks were considered food (with no backup as to why that would be the case). (I don't know what this would fall under - bureacracy law?............)
1 Answer from Attorneys
I believe I heard long ago that even giving away glasses of water would make you subject to restaurant health rules....but I don't know where I heard this or what jurisdiction was involved ....... so it doesn't have to be food at all. I checked the Santa Clara County Web site, and they don't license businesses, and the Dep't. of Environmental Health, which does regulate certain food safety matters, has very little useful info on its Web site. I also checked the state Health and Safety Code and found nothing. I think the DEH attitude has more to do with their concern over the possibility for transmission of disease than the nutritive value or the liquid-vs.-solid state of the matter being served.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
