(1) It shall be lawful for a cafe or restaurant, as defined in § 3-9-301, in this state to sell wines, as defined in § 3-9-301, or hard cider, for consumption with food served in the cafe or restaurant upon obtaining a license, and paying the fee therefor, from the Director of the Alcoholic Beverage Control Division as provided in this subchapter.
(2) However, it shall be unlawful for the director to issue a license to a cafe or restaurant for sales of wine or hard cider served with food in a city, county, township, or other area in this state wherein the sale and possession of wines or hard cider is unlawful.
(3) All licenses shall be renewed annually in the manner provided by law.
(4) The holder of a license to sell wine or hard cider in a restaurant or cafe, as defined in § 3-9-301, which is located in any city having a population of less than six hundred (600) persons and in a county having a population of less than seventeen thousand five hundred (17,500) persons according to the 1990 Federal Decennial Census and within three (3) miles of a river which serves as a common boundary between that county and another state shall be entitled, in addition to other privileges inherent under the permit, to sell wine or hard cider in unopened containers from such restaurant for off-premises consumption.