By that logic, cupcakes can be multiple things depending on how you eat them.
If the cupcake is whole and frosted on top like how they’re normally served, you have toast. But if you rip off the bottom and turn it upside down and place it on the top, it is a sandwich. If you inject the frosting into the middle with a piping bag like an unemployed donut maker, it becomes a calzone.
What I’m saying is cupcakes are valid options for all meals of the day.
Aside from the discussion about whether the taco or burrito constitutes a sandwich, I think the judge made the correct ruling. The retail agreement says no “traditional fast food” can set up shop in that mall, and specifically cites drive thrus and outdoor seating as the reasons.
The strip mall owners probably don’t want businesses taking over common sidewalks or creating more traffic than the shared parking lot can handle. So long as they don’t have those, I don’t see any reason a Mexican food place can’t fit entirely into the leased space.
E: also based on their website this place looks bangin