(A) Applicants for whom a food sales requirement exists shall provide periodic information demonstrating compliance with the continuing percentage requirement earned from the sale of food.
(B) This documentation shall be provided quarterly for the applicant’s first year, semiannually for the second year, and annually thereafter, provided that the applicant stays in compliance, and shall be submitted with the applicant’s quarterly regulatory fee filings. This information shall consist of a certificate from a certified public accountant familiar with the applicant’s pertinent business records.
(C) This certificate shall state:
“I have conducted a limited scope audit according to accepted accounting principles of the pertinent records of (company), License Number under Ordinance No. ,
I hereby certify that the licensee earned the minimum food sales requirement stipulated in License Number for the quarter ending .
(MINIMUM FOOD SALES REQUIREMENT IS 50%)
The licensee derived % of its gross sales from food and % of its gross receipts from the sale of alcohol.”
(D) This certificate shall include a brief description of the methodology utilized in the determination of the certified percentage.
(E) In the event the food requirement is not met during any particular quarter, the County ABC Administrator shall have discretion in determining whether revocation is appropriate, or whether the licensee may be allowed a reasonable period of time to reach compliance.
(F) If a good faith effort is demonstrated by the licensee, the County ABC Administrator may apply an accounting period of at least one year in determining whether or not the minimum food requirement has been met.
(Ord. KOC 16-410-181, passed 5-17-2016)