§ 27-902

(a) A hotel for which a Class B license of any type is issued shall:

(1) be a building constructed for hotel purposes;

(2) have at least 20 bedrooms;

(3) provide services ordinarily found in hotels to accommodate the public;

(4) have a dining room with facilities for preparing and serving meals; and

(5) have average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

(b) A restaurant for which a Class B license of any type is issued shall:

(1) be a business establishment to accommodate the public;

(2) be fully equipped with a proper and adequate dining room with seating for at least 12 individuals;

(3) have sufficient facilities that have been approved by the Board for preparing and serving meals; and

(4) have average daily receipts from the sale of food that are at least 51% of the average daily receipts of the business.

(c) The Board:

(1) shall require a holder of a Class B license at least every 2 years, on dates that the Board sets, to file with the Board a sworn statement that the gross receipts from food sales in the restaurant for the 6 months immediately before the filing of the report exceed the gross receipts from the sale of alcoholic beverages; and

(2) may require a license holder to provide supporting data to establish that the requirements of subsection (b) of this section relating to the ratio of gross receipts from the sale of food to those from the sale of alcoholic beverages have been met.

(d) (1) Before a Class B license of any type is issued, the applicant shall attest in a sworn statement that gross receipts from food sales in the restaurant will exceed the gross receipts from the sale of alcoholic beverages.

(2) If the license holder fails to maintain gross receipts from the sale of food that exceed the gross receipts from the sale of alcoholic beverages during any 6–month period, the Board may revoke the license.