Unless otherwise provided for in this article or the Tax – General Article, a person may not: sell alcoholic beverages; allow alcoholic beverages to be sold; accept or deliver alcoholic beverages; or for the purpose of sale, transport, buy, possess, or keep alcoholic beverages or allow alcoholic beverages to be transported, bought, possessed, or kept: in a vehicle, a water vessel, or an aircraft; on any premises; or under the person’s charge or control. Except as provided in paragraph (2) of this subsection, a person may not buy, possess, store, import, transport, or keep alcoholic beverages or allow alcoholic beverages to be bought, possessed, stored, imported, transported, or kept: in a vehicle, a water vessel, or an aircraft; on any premises; or under the person’s charge or control. A person may perform an activity listed in paragraph (1) of this subsection if the person is: a consumer; subject to the requirements under this article, a license holder; or an individual under the age of 21 years who possesses or is transporting alcoholic beverages for a lawful purpose: with the knowledge and consent of the individual’s parent or guardian; or incident to the lawful employment of the individual under this article. Except as provided in § 1–411 of this subtitle, an individual under the age of 21 years may not: buy, consume, possess, store, import, transport, or keep alcoholic beverages for the individual’s own use; or buy, possess, store, import, transport, or keep alcoholic beverages for any purpose in a jurisdiction where prohibited under State law.

A license or permit is not required for: a county official who sells certain seized alcoholic beverages, as set out in Title 6, Subtitle 1 of this article; a sheriff, a receiver, an auctioneer, a trustee, an attorney, an executor, or an administrator who sells alcoholic beverages under a court order; or a common carrier, warehouseman, or other lienholder who sells alcoholic beverages under a lien. Sales authorized by subsection (a) of this section may be made only to a license holder. If the purchaser in a sale described in subsection (a) of this section is a retail dealer, the seller shall pay the taxes imposed by § 5–102 of the Tax – General Article before delivery.

Unless otherwise provided for in this article, a person may not manufacture, blend, rectify, bottle, or allow to be manufactured, blended, rectified, or bottled any alcoholic beverages except on premises licensed under this article. A person may not buy, bargain, sell, borrow, loan, manufacture, possess, transport, or allow to be bought, bargained, sold, loaned, manufactured, possessed, or transported any personal property designed, used, or intended for use directly or immediately in connection with the unlawful manufacture of alcoholic beverages. In addition to any other fine or penalty under this article, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

Before a license or alcoholic beverages permit may be issued to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9–101 of the Labor and Employment Article, the employer shall file with the Executive Director or local licensing board: a certificate of compliance with the Maryland Workers’ Compensation Act; or the number of a workers’ compensation insurance policy or binder.

A license may not be issued for a premises unless the premises conforms to all requirements set out in this article or the Tax – General Article. This subsection does not apply to a Class 8 farm brewery license issued under § 2–210 of this article if the holder of the Class 8 farm brewery license holds a Class 8 farm brewery license first issued on or before July 1, 2015. A license or an alcoholic beverages permit may not be issued for a premises unless the premises conforms with all zoning laws, regulations, or ordinances passed in accordance with Division I of the Land Use Article.

Warehouse receipts covering alcoholic beverages stored in public warehouses in the State, including government controlled warehouses, may be purchased or sold without a license or permit. Alcoholic beverages covered under subsection (a) of this section may be withdrawn or delivered in the State only to a licensed manufacturer or licensed wholesaler. The Executive Director may adopt regulations covering warehouse receipt transactions.

This article and the Tax – General Article do not prohibit a manufacturer or wholesaler from selling and delivering to a federally authorized purchaser: subject to paragraph (2) of this subsection, wine and liquor without payment of taxes, if the wine and liquor are used only on the federal reservation in the State where the purchaser is assigned; and beer. The Comptroller may require that each order of wine or liquor be approved before purchase or delivery. A tax on beer that is paid when the beer is purchased shall be refunded if: a proper application is filed with the Comptroller within 90 days after the purchase; and the Comptroller approves.

A person who manufactures, rectifies, blends, imports, distributes, transports, stores, warehouses, sells, or offers for sale alcoholic beverages or who holds a license to do those activities shall: keep complete and accurate records of all alcoholic beverages purchased, sold, manufactured, rectified, blended, improved, brewed, fermented, distilled, produced, stored, warehoused, withdrawn from storage, imported, or transferred; on written request of the Comptroller, report on the form that the Comptroller requires information relating to the alcoholic beverages that are the subject of the records required to be kept; and on request of the Comptroller, make the report under oath. Except as provided in paragraph (2) of this subsection, each license holder shall keep records at the location designated in the license. If the license holder is allowed to have more than one location, the license holder may keep the records at the principal location. The records shall: meet form and content requirements of the Comptroller; be preserved for at least 2 years in a manner that ensures permanency; and be made available for audit or inspection during regular business hours by the Comptroller or an authorized employee of the Comptroller. The Comptroller may without a hearing immediately suspend for a maximum of 30 days the license of a license holder who fails to comply with this section. A license suspended under this section is subject to an additional period of suspension or revocation after a hearing.

A local licensing board shall: maintain a record of: each license that the local licensing board issues; and any revocation, suspension, or cancellation of a license and any restriction imposed on a license with a brief explanation of the reason for the action; and submit the record to the Executive Director; and allow any individual to inspect the records at the office of the local licensing board during regular business hours. The records of licenses required under subsection (a) of this section and any indices or dockets created to maintain the records: shall be retained for the later to occur of: 3 years after the date of the last record entry; or the date on which all audit requirements have been complied with; and may be destroyed after: the retention period in item (1) of this subsection has expired; and Title 10, Subtitle 6, Part III of the State Government Article has been complied with.

On written request of the Executive Director, each person, including a common carrier, that transports alcoholic beverages in the State in interstate or intrastate commerce shall report all consignments or deliveries of alcoholic beverages for the period that the Executive Director specifies. The reports shall be under oath and on the form that the Executive Director requires. If required by the Executive Director, the reports shall state: the name and address of the person to whom the delivery has been made; the name and address of the original consignee, if alcoholic beverages have been delivered to any person other than the originally named consignee; the point of origin; the point of delivery; the date of delivery; the number and initials of each car, if the alcoholic beverages are shipped by rail; the name of the water vessel, if the alcoholic beverages are shipped by water; the license number of each truck, if the alcoholic beverages are shipped by truck; or the manner in which the delivery was made, if the delivery is by other means; each kind of alcoholic beverages contained in the shipment and the number of gallons of each kind; and any other information relative to shipments that the Executive Director requires. This section does not authorize: the consignment of alcoholic beverages from outside the State to a person within the State other than: the holder of a permit, manufacturer’s license, or wholesaler’s license; or a consumer under Title 2, Subtitle 1, Part V of this article; or the consignment of alcoholic beverages from within the State to a person outside the State not authorized to receive the consignment under the law governing the point of destination.

In this section the following words have the meanings indicated. “Authorized instructor” means an instructor at a qualified institution of higher education who: teaches a course or program in enology, fermenting, brewing, or hospitality and tourism; and is at least 21 years old. “Qualified institution of higher education” means an institution of postsecondary education that: generally limits enrollment to graduates of secondary schools; awards degrees at the associate, baccalaureate, or graduate level; and offers courses or programs in enology, fermenting, brewing, or hospitality and tourism. “Qualified student” means a student who is: at least 18 years old and under the age of 21 years; and enrolled in a course or program in enology, fermenting, brewing, or hospitality and tourism offered by a qualified institution of higher education. “Taste” means to draw an alcoholic beverage into the mouth. “Taste” does not include swallowing or otherwise consuming an alcoholic beverage. A qualified student may taste an alcoholic beverage if: the qualified student: tastes the alcoholic beverage: for educational purposes as part of a course or program in enology, fermenting, brewing, or hospitality and tourism that the qualified student is enrolled in at a qualified institution of higher education; and only during the dates and times of the enology, fermenting, brewing, or hospitality and tourism course or program; and spits the alcoholic beverage out after tasting the alcoholic beverage; an authorized instructor offers the alcoholic beverage only during the dates and times of the enology, fermenting, brewing, or hospitality and tourism course or program; and the alcoholic beverage remains under the control of an authorized instructor. A qualified institution of higher education is not required to obtain a permit or license issued under this article to allow a qualified student to taste an alcoholic beverage in accordance with this section if the qualified institution does not impose an extra fee or charge for the alcoholic beverage tasted by a qualified student.