When is a food establishment not a restaurant?

The answer to that question is what the owner of Diesel & Lola’s on the east side of the courthouse square must decide with the state Alcohol Beverage Control board.

Owner Lana Boyer asked the Athens City Council in a Monday work session about the possibility of selling wine and beer for on-premises consumption and also carry-out. Boyer is proposing selling light appetizers and snacks with beer and wine in a casual setting within the store and also selling wine for take out.

Diesel & Lola’s is a store specializing in gourmet pet foods. The business also sells gift items and had earlier received a specialty store permit to conduct occasional wine-tasting events, which involved the selling of bottles of wine.

“We will not have a liquor license,” said Boyer. “We are applying for a wine and beer license. But people can also purchase a bottle of wine to take with them. There are numerous store in Huntsville and Birmingham like that.”

Councilman Harold Wales said a business opening just to sell beer or wine is not his understanding of the local alcohol ordinance.

“We were trying to discourage opening bars downtown,” said Wales. “It seems to me we’re verging on that.”

City Attorney Shane Black said he had talked with the ABC board and he said restaurants are not allowed to sell alcohol to take off premises.

“There is a small window for convenience stores where someone can buy a sandwich and also buy beer or wine,” said Black. “One challenge we have with the plan is the ABC board. I have researched the law and you have to ask at what point do you consider yourself a restaurant.”

Councilwoman Milly Caudle, who is also a member of the Spirit of Athens downtown revitalization group, called Boyer’s request something different than the city had considered in drafting its alcohol ordinance.

“It seems like a unique situation,” said Caudle. “It’s not a bar or a lounge. But if we can work out something with the legalities, I would be glad to sponsor a resolution.”

Black advised Boyer to “continue working closely with the ABC board.”

“You have to make sure you are not falling into the category of a restaurant,” said Black. “The way I understand it is if you have silverware, tables and menus then in that case you have to take out a restaurant license.”