BLAIR LEE III, Acting Governor

2617

19.

(r) (1) In Montgomery County such a license shall
be issued by the clerk, upon the advice and approval of the
board of license concessioners, only to the owner of any
restaurant or hotel, having a minimum dining area of 1,000
square feet located in the third, fourth, seventh, eighth,
ninth, tenth, or thirteenth election districts of the county
except in the Town of Poolesville, Takoma Park and
Kensington. [As] EXCEPT AS PROVIDED BELOW, AS a
prerequisite for the initial issuance of a license under
this subsection, the owner shall attest in a sworn statement
that gross receipts from food sales in the restaurant or
hotel will be in excess of two tines the gross receipts from
the sale of alcoholic beverages. [As] EXCEPT AS
PROVIDED BELOW, AS a prerequisite for each renewal of a
license issued under this subsection, the owner shall attest
in a sworn statement that the gross receipts from food sales
in the restaurant or hotel for the 12-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 by
rule and regulation shall 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 shall include a requirement of (i) at
least monthly physical inspections of the premises during
the initial license year of any licensee and (ii) the
submission by the licensee to the board, during the initial
license year, 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] EXCEPT AS PROVIDED BELOW, IN the event that a
licensee, during the initial license year, fails 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 may require
any licensee to provide supporting data 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. ALL PROVISIONS DEALING

WITH THE RATIO OF GROSS RECEIPTS FROM THE SALE OF FOOD TO

THOSE FROM THE SALE OF ALCOHOLIC BEVERAGES SET FORTH ABOVE

ARE APPLICABLE TO LICENSED ESTABLISHMENTS LOCATED WITHIN

HOTELS OR MOTELS WHICH MEET THE MINIMUM REQUIREMENTS

IDENTICAL TO THOSE DESCRIBED IN SECTION 19(AA), EXCEPT THAT

THE RATIO TO BE APPLIED SHALL BE THAT THE GROSS RECEIPTS

FROM THE SALE OF ALCOHOLIC BEVERAGES SHALL NOT EXCEED THE

GROSS RECEIPTS FROM THE SALE OF FOOD. IN ANY INSTANCE WHERE

THERE IS MORE THAN ONE LICENSED ESTABLISHMENT WITHIN A HOTEL

OR MOTEL, THE FOREGOING EXCEPTION SHALL BE APPLICABLE ONLY

TO ONE LICENSEE AND THAT SHALL BE THE ONE THAT PROVIDES THE

FOOD AND BEVERAGE SERVICE TO THE CONVENTIONS, BANQUETS AND