§ 12-1609

(a) The Board may:

(1) subject to subsection (c) of this section, issue an additional Class B (on–sale — hotels and restaurants) beer, wine, and liquor license for premises used as a restaurant that meets the requirements of subsection (b) of this section to the holder of a Class B (on–sale — hotels and restaurants) beer, wine, and liquor license; and

(2) define “restaurant” by regulation.

(b) (1) Except as provided in subsection (e) of this section, a restaurant under this section is required to have:

(i) a minimum capital investment of $500,000 for restaurant facilities; and

(ii) a minimum seating capacity of 125 individuals.

(2) The capital investment described in paragraph (1)(i) of this subsection may not include the cost of land or buildings.

(c) The Board may not issue more than five licenses under this section to or for the use of the same person.

(d) Additional licenses shall be limited to providing alcoholic beverages for on–premises consumption.

(e) The Board may waive the minimum capital investment requirement and the minimum seating capacity requirement under subsection (b)(1) of this section for an additional restaurant that a license holder seeks under this section if the Board:

(1) holds a public meeting at which the Board reviews the business practice of the license holder; and

(2) determines that the license holder is in good standing and has a reputable business practice.