Class Code: 9082
Per NCCI's Scopes Code Description:
Applies to the “traditional” restaurant that provides wait service. Customers in this type of establishment may either select their own table or be escorted to a table by a restaurant employee. The customer will place an order with a member of the wait staff. This employee in turn places the order with kitchen staff, who will prepare same. The food is delivered to the customer by wait staff, who remain available to assist the customer throughout the course of the meal. Patrons of this type of restaurant are generally expected to give wait staff a gratuity based on quality of service rendered.
Retail cookie or doughnut shops performing on-premises preparation and sale of these products for consumption both on or on and away from the premises that do not qualify as fast food restaurants are assigned to Code 9082. The Code 9082 assignment is made to these operations regardless of the fact that the majority of cookies or doughnuts, including beverages sold, may be consumed away from the premises. A cookie or doughnut manufacturer without snack bar facilities for on-premises consumption of beverages and cookies or doughnuts must be assigned to Code 2003.
Dinner theaters are assigned to a restaurant classification in their entirety unless the theater operations predominate, i.e., the payroll normally assigned to the theater classes (Codes 9154 and 9156) exceeds 50% of the total payroll. In such cases, Code 9156 is applied to the players, a restaurant code to the preparation and service of food, and Code 9154 to all other employees. The appropriate restaurant class is determined in the same fashion as any other restaurant, i.e., Code 9083 to a qualified fast food operation, Code 9084 to a restaurant meeting the 50% alcohol service requirement, or Code 9082 to a restaurant not otherwise classified.
Caterers are additionally assigned to the appropriate restaurant classification based on the nature of their operations. A caterer that is not classified to Code 9083 and whose receipts from the sale of alcohol are not greater than 50% of total receipts is included in Code 9082.
Brew pubs or restaurants that brew their own beer are assigned to the appropriate restaurant class. The preparation of beer by the restaurant is considered analogous to any other consumable that the restaurant may prepare for consumption by the restaurant’s customers.
Cybercafes are restaurants that provide on-premises computers that enable their customers to “surf” the Internet, play computer games, visit chat rooms and do other computer-oriented activities. These cafes usually offer beverage and food service. Beverages include coffee, soft drinks, espresso, bottled water, juices, and sometimes alcoholic beverages. Food service could include full menu service or limited food service such as doughnuts, bagels, muffins and other bakery items. Sandwiches could be served as well. Notwithstanding the availability of computers, cybercafes that serve food are assigned to the appropriate restaurant code based on the nature of the food and beverages served. Refer to Code 8017 for cybercafes that do not provide food service, but serve nonalcoholic beverages and such nonfood items as ice cream.
Code 9082 operations are designated as “not otherwise classified” (NOC). These NOC operations apply to an employer only when no other classification more specifically describes the employer’s operations. The following is a representative list of operations somewhat related in nature to Code 9082 operations that are not assigned to Code 9082.
|Bar, Discotheque, Lounge, Nightclub or Tavern
|Gasoline Station—Self-Service (see Code 8006 for a restaurant operated in connection with a gas station)
In addition to this representative list, one should review sources such as the alphabetical index in this manual to determine whether a classification other than Code 9082 or a classification other than one on the above list applies to the operations being reviewed for classification purposes.
|Includes musicians or entertainers. Restaurants operated by a hotel or motel to be separately rated as Code 9058. Shall not be assigned to a risk engaged in operations described by another classification unless the operations subject to Code 9082 are conducted as a separate and distinct business.
Caterers often have a delivery exposure because food may be prepared on the caterer’s premises for consumption at another location. For classification purposes, an employee who, on a particular delivery, only performs operations consistent with driving exposures, such as loading a vehicle with food and/or delivering that food to a destination and/or unloading that food at its final destination, is considered to be a driver for that delivery, and his/her payroll for that trip is assigned to Code 7380. However, if an employee performs the delivery operations described above and, in addition, sets up the food at its final destination, that employee is classified to the appropriate catering classification, and no portion of that employee’s wages for that particular trip is assigned to Code 7380. The term “sets up the food” as used in this context refers to preparing and/or arranging the food in a manner so that it is ready for consumption, not merely unloading the food from a vehicle without preparing it or arranging it for consumption. Employees who deliver sandwiches and/or other food to sites where the food is served to customers from the delivery vehicle are considered to be caterers, not drivers, for classification purposes because they are performing actual food service, not merely food delivery. Certain caterers or restaurants may offer a buffet-type meal. These operations may promote their meals as “all you can eat.” Based on alcohol receipts, this type of operation is classified to either Code 9082 or 9084 when the operation employs wait staff that sets or clears tables, takes beverage or food orders, serves food to customers on the buffet line, or provides other services traditionally associated with wait staff. In the event that none of the aforementioned services are offered and no wait staff is provided, Code 9083 is applicable to the operation.