"I have in the past got a written interpretation from CodeCongress on this matter and offered a Code Change to correct the
vague wording in the Code. It got changed but it still is not specific
enough. The Code's intent is that water is free in all occupancies
and their customers and employees. Code Congress will differ with
you on charging for the container. The table requires all occupancies
to have a drinking fountain. The footnote references you to the part
about allowing eateries "who serve water" not to have the
otherwise required DF. If they provided the DF the water is free
and they would also have to have a high and low DF for ADA."
I have had encounters in New Orleans at a restaurant near the
square not providing water for free. They got a visit from the Health
Department on that one. The BO said the Health Department deals
with that. Other locations; Meridian, MS at McDonalds. Jackson, MS
metro area Kentucky Fried, Arnolds and Bop's to name a few.