§31–803.

    (a)    There is a Class B beer and wine (on–sale only) license.

    (b)    (1)    The Board may issue the license for use by a restaurant that:

            (i)    is in a permanent building with ample space and accommodations;

            (ii)    commonly offers hot and cold meals that are prepared, sold, and served to the public during regular business hours;

            (iii)    has a dining area with regular seating capacity at tables, chairs, and booths, that, excluding seats at bars or counters, can accommodate at least 50 customers;

            (iv)    is equipped with sufficient kitchen and dining facilities for regularly preparing and serving meals to the public;

            (v)    maintains a menu that advertises a variety of food that the establishment serves;

            (vi)    serves food at all times whenever beer and wine are being served or consumed; and

            (vii)    has, on an annual basis, gross sales of food and nonalcoholic beverages that exceed its gross sales of alcoholic beverages.

        (2)    The license authorizes the license holder to sell beer and wine at retail at the place described in the license for on–premises consumption.

        (3)    The license:

            (i)    may be issued countywide by the Board; and

            (ii)    is not subject to the population ratio quota requirements under § 31–1601 of this title.

    (c)    The term of the license is 1 year and begins on May 1.

    (d)    (1)    (i)    Once every licensing cycle, the license holder shall comply with a request from the Board to submit a Food Alcohol Ratio Report covering 2 preceding quarters that the Board selects to demonstrate compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

            (ii)    To enforce this paragraph, the Board may:

                1.    request that a license holder provide supporting data or additional information;

                2.    fine a license holder; or

                3.    suspend a license.

        (2)    When submitting a Food Alcohol Ratio Report, the license holder shall include a current menu and information on hours of operation and sales amounts and percentages for the specified quarters for food, nonalcoholic beverages, and alcoholic beverages.

        (3)    The license holder or the license holder’s accountant shall complete, sign, and provide for the notarization of the Food Alcohol Ratio Report.

    (e)    As a prerequisite for the renewal of the license, the applicant shall have demonstrated compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.

    (f)    (1)    The annual license fee is $200.

        (2)    The fee for a Sunday permit is $250.