Class Code: 9083

Per NCCI's Scopes Code Description:

Code 9083 is applicable to fast food restaurants including, but not limited, to pizza parlors, sandwich shops, concession stands, and hamburger, taco or fried chicken restaurants. For purposes of this classification, fast food restaurants are defined as establishments that prepare and serve food and beverages for consumption on or off premises. Code 9083 is not applicable to a full service restaurant that employs wait staff. It is recognized that fast food restaurants will, on an occasional or accommodation basis, provide wait service. An occasional or accommodation basis may include the offering of wait service for customers that have limited capacities to obtain their own counter service or offering wait service for groups that request this service for an occasion such as a meeting or birthday party. A fast food restaurant providing these limited table services but otherwise meeting the description of a fast food restaurant shall be assigned to Code 9083.

Fast food restaurants offer limited menus, which usually include items such as sandwiches, side dishes such as French fries, and soft drinks. The customer will enter the restaurant, proceed to a counter and place an order. The completed order is handed to the customer, who will pay for same. The customer may then leave the restaurant with the order or seek out his/her own table. After completion of the meal, many fast food restaurant customers will clean up their own tables and deposit their litter in designated receptacles. Patrons of this type of restaurant are generally not expected to leave a gratuity.

Pizza shops that do not serve food on the premises are additionally contemplated by Code 9083. Employees who deliver pizzas are classified to Code 7380.

If retail stores prepare and serve food, and the insured’s food service operations qualify as a fast food restaurant, the entire operation is assigned to either Code 9083 or the appropriate store class based on whether the principal receipts are derived from the restaurant or store operation. If receipts from food service exceed 50% of the gross receipts for the entire store, Code 9083 is assigned. If the situation is reversed, the appropriate store classification is assigned to the entire operation.

Caterers are additionally assigned to the appropriate restaurant classification based on the nature of their operations. Examples of caterers contemplated by Code 9083 include caterers that prepare sandwiches for box lunches. These foods will be sent to customers or taken to various plants or office buildings for sale to employees of such concerns. The dispensing of food, drinks, candy, etc., at ballparks, race tracks, boxing arenas and theaters by independent concessionaires also is assigned to Code 9083 provided that the requirements regarding wait service are met.

Caterers often have a delivery exposure since 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—Drivers. 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 since they are engaged in actual food service, not merely food delivery.

Code 9083 is also applied to food preparation by vending machine operators, provided such food preparation qualifies as a separate undertaking or enterprise in accordance with Rule 1-D-3 of the Basic Manual.

Cybercafes are restaurants that provide on-premises computers that enable their customers to “surf” the Internet, play computer games, visit chat rooms and engage in other computer-oriented activities. These cafes usually offer beverage and food service. Beverages include coffee, soft drinks, espresso, bottled water, and juices. 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. Cybercafes that serve food are assigned to the appropriate restaurant code based on the nature of their operations.

Special Conditions:

   
•    Refer to Code 8017 for cybercafes that do not provide food service but serve nonalcoholic beverages and such nonfood items as ice cream.
•    Fast food restaurants operated by a hotel or motel are separately rated as Code 9058.

Related Operations Not Classified to Code 9083:

   
•    9082—Restaurant NOC
•    9084—Bar, Discotheque, Lounge, Nightclub or Tavern

CROSS-REF.  DOUGHNUT SHOP RETAIL

Note:  Applies to shops engaged in the preparation and sale of doughnuts, coffee, or other items for consumption on or away from the premises. If the shop does not qualify as Code 9083—Restaurant: Fast Food, classify as Code 9082—Restaurant NOC.

Description:

Retail cookie or doughnut shops engaged in on-premises preparation and sale of these products for consumption both on or on and away from the premises are assigned to Code 9083 provided the operation otherwise meets the requirements as a fast food restaurant. As customers may sit at counters and be served items such as doughnuts and coffee, gratuities may be provided by customers for service rendered. The Code 9083 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.

Special Conditions:

   
•    A cookie or doughnut manufacturer without snack bar facilities for on-premises consumption of beverages and cookies or doughnuts is assigned to Code 2003.

Related Operations Not Classified to Code 9083:

   
•    9082—Restaurant NOC
•    9084—Bar, Discotheque, Lounge, Nightclub or Tavern

Rate per $100. of Renumeration: $ 1.24

Construction Exemption Required: No