Yeah that's how some get away with it lol. Our local American Legion Post just has hotdogs on a roller for a couple hours a day, plus peanuts in bowls on the bar. Really it also comes down to local enforcement.
You reminded me of a Pennsylvania grocery store that finally got a license to sell new types or quantities of alcohol. But a food sale was required with each purchase, so of course they had something like 50¢ macarons next to the register!