1. (a) There is a Class B beer, wine, and liquor (on-sale) restaurant license.

2. (b) The Board may issue the license for use by a restaurant that:

   1. (1) is located in a permanent building with ample space and accommodations;
   2. (2) commonly offers hot and cold meals that are prepared, sold, and served to the public during regular business hours;
   3. (3) excluding seats at bars or counters, has a dining area with regular seating capacity at tables, chairs, and booths, that can accommodate at least 50 customers;
   4. (4) has sufficient kitchen and dining facilities for regularly preparing and serving meals to the public;
   5. (5) maintains a menu that advertises a variety of food that the establishment serves;
   6. (6) serves food at all times whenever alcoholic beverages are being served or consumed; and
   7. (7) has, on an annual basis, gross sales of food and nonalcoholic beverages that exceed its gross sales of alcoholic beverages.

3. (c) The license:

   1. (1) authorizes the license holder to sell beer, wine, and liquor for on-premises consumption; and
   2. (2) is not subject to the population ratio quota requirements under § 31-1601 of this title.
4. (d) The term of the license is 1 year and begins on May 1.

5. (e)

   1. (1)

      1. (i) Once every licensing cycle, the license holder shall comply with a request from the Board to submit a Food Alcohol Ratio Report covering 2 preceding quarters that the Board selects to demonstrate compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

      2. (ii) To enforce this paragraph, the Board may:

         1. 1. request that a license holder provide supporting data or additional information;
         2. 2. fine a license holder; or
         3. 3. suspend a license.
   2. (2) The applicant or the applicant's accountant shall complete, sign, and provide for the notarization of the Food Alcohol Ratio Report.
   3. (3) When submitting a Food Alcohol Ratio Report, the applicant shall include a current menu and information on hours of operation and sales amounts and percentages for the specified quarters for food, nonalcoholic beverages, and alcoholic beverages.
6. (f) As a prerequisite for the renewal of the license, the applicant shall have demonstrated compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.
7. (g) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor (on-sale only) license under § 31-2004(c) of this title.

8. (h)

   1. (1) The annual license fee is $750.
   2. (2) The fee for a Sunday permit is $250.

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2016, c. 8, § 5.