I would consider the whole of the establishment, things such as the number of seats at a bar, the number of seats for eating, is the business more table food with drinks compared to drinks and a finger food, pickled eggs, or the sandwiches heated up in the light bulb ovens.
We have wrestled with that issue here in Mass. Below is 2005 guidance from Massachusetts Fire Safety Commission and Automatic Sprinkler Appeals Board found at
https://www.mass.gov/doc/asabguidancepdf/download
If the establishment is designed or used as both a restaurant and a nightclub, dance hall, discotheque
or bar, or similar entertainment purposes on more than a temporary basis, it may have to be
sprinklered since it is not being “used principally” as a restaurant. Heads of the fire departments
should use their best and reasonable discretion and make the determination consistently and fairly
based upon specific factors that exist for the particular building. In determining such matters on
appeal the Board will look at such common sense factors such as:
a) Does the restaurant establishment regularly and routinely serve meals on a daily
basis?
b) Does the establishment provide a bar, bar seating, bar standing and a bar tender for
the purposes of serving alcoholic beverages directly to alcohol consuming
customers?
c) Does the bar and bar seating area have the ability to expand into the dinning area to
accommodate special entertainment activities or increased capacity/density.
d) If the establishment provides a bar and bar seating, are alcoholic beverages
continuously served to customers more than one hour after full kitchen facilities have
been closed?
e) Is live or recorded music provided for dancing purposes or for a viewing audience?
(does not include background dinner music)?
f) Does the establishment provide special entertainment, including but not limited to:
musical, theatrical, comedy, or sport viewing activities?
g) Based upon the establishments name, décor, atmosphere, does a customer expect a
bar or nightclub type establishment?
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h) Is the establishment or portions thereof routinely or regularly used for private or
public functions for dancing, parties, celebrations, entertainment or performance
purposes?
i) Does the establishment have an entertainment license?
These factors are not necessarily all inclusive. However, such factors or combination of factors may
be considered to determine if the occupancy has existing activities or conditions that are similar to
nightclub, dance hall, discotheque, bar, or similar entertainment purposes.
