Salads Not A Meal in California, Says ABC
In the argument between meat-eaters and health nuts about whether salads are a meal, California produce lovers thought they had won the debate over the decades through the spread of entrée salads, half salad / half sandwich combos, salad trios, and salad bars across all kinds of cuisines. But it turns out that those claiming rabbit food is not, in fact, a proper meal, have been right all along.
The California ABC released additional guidance over the July 4 holiday weekend to clarify the question of “what is required to be considered a ‘meal’?” as hospitality businesses clamber to reopen during these difficult times (see previous posts on reopening here). But you can throw out what you thought you knew about salads because, according to the ABC, these items do not satisfy the food service requirements that go along with selling alcohol during this war against Covid-19 and vegetables:
· Pre-packaged sandwiches and salads
· Snacks like pretzels, nuts, popcorn, pickles, and chips
· Appetizer foods and small portions of dishes (i.e. cheese sticks, fried calamari, chicken wings, pizza bites, egg rolls, pot stickers, flautas, soup)
· Side dishes like bread, rolls, fries, rings, small salads, rice, mashed potatoes, small portions of vegetables
· Reheated refrigerated or frozen entrees
· Desserts
We could argue for hours (preferably over to-go margaritas and tacos (Are they an appetizer or a meal? Discuss amongst yourselves)) that many of these items would constitute a meal, citing specific examples, turning to cultural traditions, and comparing portion sizes. While we can defend you if you choose to challenge the ABC’s guidance on this basis, if you want to avoid a fight and just get your business up and running again, keep it simple by putting together a menu with multiple courses or elements to satisfy the meal service requirements.
This is not a time for a menu made up of amuse-bouches, tapas, cheese plates, or street food. According to the statute that ABC relies on, Business & Professions Code 23038, “Meals” means the “usual assortment of foods commonly ordered at various hours of the day;” and they give us a clue that “the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement.” I’d key in on “assortment” – you need to have more than just one kind of food that could be categorized as “bar snacks” of any culture. Think appetizers, mains, and desserts; family meal combos; or a few main dishes with different options for sides. The ABC will look at the totality of circumstances, so if you look more like a modern example of the traditional American restaurant concept from the 1950s when this law was put into place, you are a harder target. And yes, there are cultural biases inherent in this interpretation we should get the legislature to change when this crisis is over.
When businesses may go back and forth between closed and open along California’s resilience roadmap based on the current Covid-19 numbers, bars are last on the list to reopen if cases rise and first to close if cases rise (some bars and tasting rooms recently reopened and then were closed again last week as cases rose). As counties move into the latter phase 2 and phase 3 when tasting rooms and bars can reopen, the meal requirement for these licensees is no longer required, but kicks back in if we drop back to phase 2 – see ABC’s previous guidance on modifying meal requirements and the current county variance info).
Serving food (if permitted by local zoning) means your business may reopen and likely stay open (and continue serving alcohol, which is critical to most bottom lines). If you want to lower your risk of getting a visit from the ABC, put together a menu that looks more like the kind of place you’d go if you’re hungry that also has alcohol and less like a place you’d go to meet friends for a drink before or after a meal.