MATTER OF ROCK-OLA CAFE

No. 9218SC311.

433 S.E.2d 236 (1993)

In the Matter of ROCK-OLA CAFE, T.K. Tripps, Inc., 41-48752, Rock-Ola Cafe, T.K. Tripps, 92-41165, Inc., T.K. Tripps of Asheville, Inc., 11-26547, T.K. Tripps of Charlotte, Inc., 60-55718, T.K. Tripps of Durham, Inc., 32-22431, T.K. Tripps of Greensboro, Inc., 41-42543, T.K. Tripps of Raleigh, Inc., 92-33500, T.K. Tripps of Ridgewood, Inc., 92-34759.

Court of Appeals of North Carolina.

August 17, 1993.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. George W. Boylan, Raleigh, for petitioners-appellants.

Brooks, Pierce, McLendon, Humphrey & Leonard by William G. McNairy, Greensboro, for respondents-appellees.


ARNOLD, Chief Judge.

Food, such as peanuts, pretzels, and other "munchies" are offered by the respondent restaurants to customers purchasing beverages at their bars. There is no direct charge for the food at the bar, but the cost of food is included and recovered in menu-item prices and sales taxes are collected on the sale of the menu-items. In addition, because the restaurants are busiest during meal hours it is difficult for their managers to take time to eat,...

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