In this title: except as provided in subsection (e) of this section, the definitions in § 1–101 of this article apply without exception or variation; and the following words have the meanings indicated. “Board” means the Board of License Commissioners for Baltimore City. “City” means Baltimore City. “Light wine” means wine that contains not more than 15.5% of alcohol by volume. The definition of “restaurant” under § 1–101 of this article applies in the City, subject to § 12–104 of this subtitle. “Total daily receipts” does not include: sales of novelty items; income from vending machines; or other receipts not resulting from the sale of food or beverages.

This title applies only in Baltimore City.

Subject to subsections (b) and (c) of this section, the Mayor and City Council may adopt an ordinance restricting the placement on the side of a building or any other publicly visible location of any form of advertising for alcoholic beverages, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, and a freestanding signboard. An ordinance may be adopted if: the ordinance is necessary to promote the welfare and temperance of minors exposed to advertisements for alcoholic beverages placed in publicly visible locations, including outdoor billboards, sides of buildings, and freestanding signboards; and the restrictions do not unduly burden legitimate business activities of a license holder to sell alcoholic beverages at retail. The ordinance may not restrict: the placement of a sign, including an advertisement: inside licensed premises; on a commercial vehicle used to transport alcoholic beverages; or in conjunction with a temporary license; a sign that contains the name or slogan of the licensed premises that has been placed to identify the licensed premises; except for a billboard and freestanding signboard, a sign for which zoning board approval or a minor privilege permit is required; a sign that contains a generic description of beer, wine, or liquor, or any other generic description of alcoholic beverages; a neon or electrically charged sign on licensed premises that is provided as part of a promotion of a particular brand of alcoholic beverage; a sign on an MTA vehicle or a taxicab; a sign on property owned, leased, or operated by the Maryland Stadium Authority; a sign at a facility that operates in accordance with a license issued under § 11–304 of the Business Regulation Article; or a sign on property adjacent to an interstate highway. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

To be considered a restaurant, an establishment shall meet the requirements of this section. An establishment shall have average daily receipts from the sale of food that are at least 40% of its total daily receipts. The Board may not consider as food an ingredient or a garnish used with or mixed with an alcoholic beverage that is prepared and served for on–premises consumption. The Board may waive the food requirement specified under subsection (b) of this section for a restaurant: owned and operated by a nonprofit organization in the area bounded by South Ellwood Avenue on the west, Bank Street on the north, South Bouldin Street on the east, and Fleet Street on the south; or operated in the area bounded by South Eden Street on the west, Bank Street on the north, South Spring Street on the east, and Eastern Avenue on the south. For a license that meets the qualifications under paragraph (1) of this subsection, the Board may approve an expansion of the licensed premises onto a noncontiguous property with a second separate use permit issued by the City, if the second separate use permit specifically refers to the alcoholic beverages license at the primary location.

A copy of any legislation concerning alcoholic beverages enacted by the Mayor and City Council under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.