(3) Subject to Section 32B-1-201:

1. (a) The commission may not issue a total number of full-service restaurant licenses that at any time exceeds the number determined by dividing the population of the state by 4,467.
2. (b) The commission may issue a seasonal full-service restaurant license in accordance with Section 32B-5-206.

3. (c)

   1. (i) If the location, design, and construction of a hotel may require more than one full-service restaurant sales location within the hotel to serve the public convenience, the commission may authorize the sale, offer for sale, or furnishing of an alcoholic product at as many as three full-service restaurant locations within the hotel under one full-service restaurant license if:

      1. (A) the hotel has a minimum of 150 guest rooms; and

      2. (B) the locations under the full-service restaurant license are:

         1. (I) within the same hotel; and
         2. (II) on premises that are managed or operated, and owned or leased, by the full-service restaurant licensee.
   2. (ii) A facility other than a hotel shall have a separate full-service restaurant license for each full-service restaurant where an alcoholic product is sold, offered for sale, or furnished.

(5) To be licensed as a full-service restaurant, a person shall maintain at least 70% of the restaurant's gross revenues from the sale of food, which does not include:

1. (a) mix for an alcoholic product; or
2. (b) a service charge.