Section 3.107. Failure to meet the minimum requirement

(a) Failure to meet the 70% minimum requirement as set forth in this subchapter, as submitted upon renewal or validation application will result in an investigation by the Bureau of Licensing. If the investigation discloses that the licensee failed to meet the 70% minimum requirement, the license will be cancelled.

(b) An appeal of the Board’s decision refusing to grant or renew a license will not act as a supersedeas if the decision is based, in whole or in part, on the licensee’s failure to demonstrate that its food and nonalcoholic beverages were at least 70% of its combined gross sales of food and alcoholic beverages.