Class Code: 9084
Per NCCI's Scopes Code Description:
Code 9084 is applicable to bars, discotheques, lounges, nightclubs or taverns, provided these operations engage in the sale of beer, liquor or wine and receipts from the sale of these alcoholic beverages are greater than 50% of the entire gross receipts of the establishment for the policy term.
Code 9082 is applicable to bars, discotheques, lounges, nightclubs or taverns when receipts from the sale of alcoholic beverages are equal to or less than 50% of the entire gross receipts of the establishment for the policy term.
Code 9084 includes musicians or entertainers employed by these establishments when these musicians or entertainers are considered employees for workers compensation purposes. Employees of a Code 9084 risk may engage in the preparation and service of alcoholic drinks such as liquor, beer or wine intended for consumption on the premises. These employees may also prepare and serve hors d’oeuvres, light snacks and, in some cases, complete dinners. Patrons of this type of restaurant are generally expected to give wait staff a gratuity based on quality of service rendered.
Dinner theaters are assigned to a restaurant class in their entirety unless the theater operations predominate, i.e., the payroll normally assignable 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 properly classified to Code 9083 and whose receipts from the sale of alcohol are greater than 50% of total receipts is contemplated by Code 9084.
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.
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 9084 or Code 9082 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.
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 engage in 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.
Bars, discotheques, lounges, nightclubs or taverns operated by a hotel or motel are separately rated as Code 9058.