The "3 out of 5" rule is a one way rule. If an activity shows profit in 3 of 5 years, it qualifies as a business.
However, if it does NOT show profit 3 of 5, then the other tests, facts and circumstances come into play to determine if the activity is a business or hobby.
Not rocket science to see this one. Make profit 3 out of 5, the activity is a business.