MARVIN MANDEL, Governor

3403

food sales in the restaurant or hotel will be in excess
of two times the gross receipts from the sale of
alcoholic beverages. As a prerequisite for each renewal
of a license issued under this subsection, the owner must
attest in a sworn statement that the gross receipts from
food sales in the restaurant or hotel for the
twelve—month period immediately preceding the application
for renewal have been in excess of two times the gross
receipts from the sale of alcoholic beverages. The board
of license commissioners shall by rule and regulation
provide for periodic inspection of the premises and for
audits to determine the ratio of gross receipts from the
sale of food to gross receipts from the sale of alcoholic
beverages. Any rules and regulations adopted by the
board as aforesaid shall include a requirement of (1) at
least monthly physical inspections of the premises during
the initial license year of any licensee and (2) the
submission by the licensee to the board, during the
initial license year aforesaid, of monthly statements
showing gross receipts from the sale of food and gross
receipts from the sale of alcoholic beverages for the
immediately preceding month. In the event that a
licensee hereunder, during the initial license year,
shall fail to maintain gross receipts from the sale of
food at least twice those from the sale of alcoholic
beverages for a period of three consecutive months OR
AFTER THE INITIAL LICENSE YEAR FOR EACH LICENSE OR
CALENDAR YEAR, the board, in its discretion, may revoke
the license. The board shall have the authority to
require any licensee to provide such supporting data as
it, in its discretion, deems necessary in order to
establish that the requirements 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.
For the purposes of this section the term "dining area"
shall be defined as the area occupied by patrons for the
purpose of the consumption of food, and may include
service in a room of a registered guest in a hotel if the
hotel meets the minimum requirements as set forth in § 19
(o) of this article[.] , AND MAY INCLUDE ALSO A COCKTAIL
AREA WHERE FOOD NEED NOT BE SERVED[[, BUT THERE MAY BE]]
PROVIDED THERE IS NO SEPARATE OUTDOOR ENTRANCE TO THE
COCKTAIL AREA. A license issued under this subsection
shall authorize the holder thereof to keep for sale and
sell alcoholic beverages for consumption on the premises
only, and no alcoholic beverages shall be served to
patrons or consumed at any [[BAR, COUNTER WITHOUT SEATS,
OR]] bar, counter WITHOUT SEATS, or [bar, counter,
cocktail lounge, or] other room but in the dining area
[only] AS ABOVE DEFINED[[.]] , AND PROVIDED FURTHER THAT
THE SEATS PROVIDED IN SUCH COCKTAIL AREA MAY NOT EXCEED
25 PER CENT OF THE SEATS NORMALLY AVAILABLE FOR THE
GENERAL PUBLIC IN THE "DINING AREA", INCLUDING THE
COCKTAIL AREA PORTION THEREOF, BUT EXCLUDING SPECIAL