You should ask her,
"Is there a rule against waitresses asking patrons out? I was just trying to figure it out because I've been flirting with you you and wondered if you haven't asked me out because it's against the rules or if you just don't want to."
That way she has an easy painless way out for both of you whether she wants to go out with you or not AND the ball is in her court.
If she doesn't ask you out or ask where you want to take her, then drop it and never bring it up again.
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