There was no construction taking place at the time we took the photo. In fact, it has been this way for months (years?) The hot wire is orange, I don't see a problem with that. It is hard to see in the photo, but if you look close you can see the menu over the counter in the background of the second photo. The column that the receptacle is mounted on is by the condiment counter on one side, and booths on the side the photos were taken from. It could be reached by anyone. My helper who is holding the volt pen is standing at the condiment counter, where the straws, napkins, ketchup etc. are.
All of this in a city where there are inspections, etc. The restaurant is in the "trendy" part of town, not in some out of the way place. Unbelieveable, isn't it?
