What Seating Counts Toward the 40-Seat Requirement for Restaurants?

Tennessee law requires restaurants, limited-service restaurants, and wine-only restaurants licensed by the Tennessee Alcoholic Beverage Commission (TABC) to have permanent seating for at least 40 people at tables.

Not all seating counts toward this minimum requirement. TABC considers the type of seating, the tables provided, and whether the seating is available for use throughout the year.

What Types of Seating Count?

To count toward the 40-seat minimum, seating must be permanent and suitable for customers to sit at a table and eat a meal.

Some common examples include:

• Dining tables and chairs: Generally qualify when customers can comfortably sit at the table and eat a meal.
• Bar seating: Bar stools may qualify if the bar top is deep enough for customers to comfortably eat a full meal, including any item on the menu.
• Lounge seating: Chairs and sofas arranged around low coffee tables generally do not qualify. As a practical guideline, customers should be able to sit at the table with their knees underneath the tabletop.

Seating that does not meet these requirements may still be included in the establishment's total seating capacity, but it does not count toward the required 40 seats.

Does Outdoor Seating Count?

Yes. Outdoor seating, including patios and rooftop seating, may count toward the 40-seat minimum if it is reasonably usable throughout the year.

TABC considers whether customers could reasonably use the seating during all four seasons, including during cold or otherwise unfavorable weather.

For example, businesses may make outdoor seating usable year-round by installing:

• Commercial awnings or permanent patio covers
• Glass panels, vinyl enclosures, or other weather barriers
• Outdoor heaters or other appropriate heating systems

There is no single required method for weatherizing outdoor seating. Businesses have flexibility to design outdoor spaces that fit their premises and appearance.

However, simply installing an awning or heater does not automatically make outdoor seating qualify. TABC evaluates the overall arrangement to determine whether the seating is reasonably usable year-round.

How Does TABC Determine Whether Seating Qualifies?

TABC reviews seating arrangements as part of the licensing and inspection process. Staff evaluate whether the establishment has at least 40 qualifying seats at tables, including whether any outdoor seating meets the requirements for permanent, year-round use.

Businesses planning new construction, renovations, or outdoor seating arrangements should consider these requirements when designing their premises.