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To retain its smoking designation, the establishment must continue to meet all stand-alone bar requirements and must file the following with the Division of Alcoholic Beverages & Tobacco:
" At the first renewal of the beverage license that occurs at least 12 months after the initial smoking designation, the licensee must file an affidavit verifying that food sales for the preceding 12 months did not exceed 10 percent of the gross revenue of the business.
" For each subsequent year, to continue to qualify as a stand-alone bar, the licensee must provide to the division annually, on or before the licensee's annual renewal date, an affidavit that certifies that food sales for the preceding 12 months did not exceed 10 percent of the gross revenue of the business.
" The 10 percent food sales requirement is continual, not annual, and audits are based on any consecutive 2-month period.
Failure to file the required documents or reports will result in loss of the smoking designation and smoking will not be allowed on the premises