Seems like an undue burden to place on a small business owner. Having to both defend in one lawsuit and sue another party when they likely aren't knowledgeable or willing to take the risk of either.
Walk the path you propose and you will get a world where chains displace all other restaurants, where police swoop in on kids' lemonade stands.
Why? When you can make sensible regulations that target the service providers like shopify, or whatever restaurants use instead and just escape the dilemma?