46-232
Patrons of Restaurants
Cite as N.D. Op. Att'y Gen. 46-232
OPINION
46-232
April 5, 1946 (OPINION)
PATRONS OF RESTAURANTS
RE: Who Are
This will acknowledge your letter of March 30, in which you
seek an interpretation of the phrase "patrons of the restaurant," as
contained in paragraph 4 of chapter 50 of the 1945 Session Laws.
Merely going from the bar in a liquor establishment into that portion
of the establishment conducted as a restaurant would not, in my
estimation, constitute such person a patron of the restaurant. In
order to be a patron of the restaurant, it would seem to me that the
person or persons would have to ask for service of some kind of food
from the restaurant portion of the establishment. In other words, as
I interpret the phrase, "to patrons of the restaurant," as contained
in section 4 of chapter 50 of the 1945 Session Laws, that alludes to
persons who go into the restaurant to seek the service of food of
some kind. In other words, they must be seeking directly the service
of the restaurant, in order to be patrons of the restaurant. If they
go in there for the purpose of buying any kind of food, they
immediately become patrons of the restaurant. If they are in there
for no other purpose than just merely to loaf, they do not, in my
estimation, become patrons of the restaurant.
NELS G. JOHNSON
Attorney General