Regulation of Fast-Food Eating Establishments.

Regulation of Fast-Food Eating Establishments.
MAPease in a Pod is a new chain of fast food type vegetarian restaurants operating in Virginia and North Carolina, serving a standardized menu of vegetable dishes for take-out as well as eat-in customers. Pease does not have a full wait-staff. Customers order their food and pick it up at the counter. However, once the customers are seated, Pease employees walk around refilling drinks and asking, “How is everything?” The chain promotes itself as healthy, upscale, inexpensive dining. As part of its regular menu, Pease is planning to serve beer from selected microbreweries, and a few types of Virginia wines, only by the glass. Pease has had some bad news lately. First, Pease received a notice from the Alcohol Beverage Commission in Virginia, that it was prohibited from serving any alcoholic beverages.

Section 1: Fast Food restaurant is defined as a restaurant serving a standardized menu, for take-out, or drive-through service, and may have tables for eating in the restaurant, but does not have table service. Section 2. Fast Food restaurants may not serve alcoholic beverages.

The CEO of Pease believes that serving wine and beer are essential to the restaurant’s appeal to the busy, successful executive type, who wants a healthy and quick meal on the way home from the gym. She believes that although the restaurant resembles traditional fast food in some ways, it is significantly different and the regulation should not be interpreted to apply to it. Moreover, she is sure that treating her restaurant differently from other, more traditional restaurants, is discriminatory and unlawful.