(a) To be considered a restaurant, an establishment shall meet the requirements of this section.
(b) An establishment shall have average daily receipts from the sale of food that are at least 40% of its total daily receipts.
(c) The Board may not consider as food an ingredient or a garnish used with or mixed with an alcoholic beverage that is prepared and served for on–premises consumption.
(d) The Board may waive the food requirement specified under subsection (b) of this section for a restaurant owned and operated by a nonprofit organization in the area bounded by South Ellwood Avenue on the west, Bank Street on the north, South Bouldin Street on the east, and Fleet Street on the south.