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<subtitle article="gab" title_number="13" subtitle_number="16" title_name="Baltimore County" subtitle_name="Licensing Conditions; Multiple Licensing Plans">
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="13-1601" title_number="13" title_name="Baltimore County" subtitle_number="16" subtitle_name="Licensing Conditions; Multiple Licensing Plans">
    <level label="a">
      <level label="1">
        <text>Except as provided in subsection (b) of this section, the Board may not issue a license for an establishment that is within 300 feet of a place of worship or school.</text>
      </level>
      <level label="2">
        <text>The distance from the establishment to the place of worship or school is to be measured from the nearest point of the building of the establishment to the nearest point of the building of the place of worship or school.</text>
      </level>
    </level>
    <level label="b">
      <text>The prohibition against issuing a license in subsection (a) of this section does not apply to:</text>
      <level label="1">
        <text>the renewal or transfer of a license of an establishment if, after issuance of the license, a place of worship or school was built within 300 feet of the establishment;</text>
      </level>
      <level label="2">
        <text>the issuance of a temporary license;</text>
      </level>
      <level label="3">
        <text>a transfer that moves the licensed premises within the same building;</text>
      </level>
      <level label="4">
        <text>a transfer of ownership of the licensed premises;</text>
      </level>
      <level label="5">
        <text>the renewal of a Class B beer, wine, and liquor (on–sale) license or a 7–day Class BDR (deluxe restaurant) (on–sale) beer, wine, and liquor license, if the licensed premises has a seating capacity of more than 50 individuals and is within a town center;</text>
      </level>
      <level label="6">
        <text>the transfer, conversion, and issuance of a license under § 13–1710 of this title; or</text>
      </level>
      <level label="7">
        <text>the issuance of a license under § 13–1001.1 of this title for an establishment within 300 feet of a place of worship, if the place of worship consents in writing to the issuance of the license.</text>
      </level>
    </level>
  </section>
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="13-1604" title_number="13" title_name="Baltimore County" subtitle_number="16" subtitle_name="Licensing Conditions; Multiple Licensing Plans">
    <level label="a">
      <text>In this section, “eligible transferor district” means an election district in which the total number of Class B and Class D licenses, excluding exception licenses, is 10% or greater than the total number of Class B and Class D licenses that are allowed in an election district based on the rule of the Board that limits the total number of licenses available in an election district by population.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>Subject to paragraphs (2) and (3) of this subsection, the Board may approve the transfer of a Class B or Class D license in existence in an eligible transferor district on June 1, 2025, to another election district if:</text>
        <level label="i">
          <text>the approval occurs anytime from June 1, 2025, to May 31, 2028, both inclusive; and</text>
        </level>
        <level label="ii">
          <text>prior to the transfer, the number of licenses in existence in the election district to which the license is to be transferred is not greater than 25% more than the number of licenses that would otherwise exist in that election district, based on the rule of the Board that limits the total number of licenses available in an election district by population.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>The Board may not authorize the transfer of more than five Class B or Class D licenses in existence on June 1, 2025, in total under this section.</text>
        </level>
        <level label="ii">
          <text>Not more than two licenses may be transferred under this subsection into any single election district.</text>
        </level>
      </level>
      <level label="3">
        <level label="i">
          <text>When the Board receives an application to transfer a license under this section, the Board shall notify the county Department of Economic and Workforce Development.</text>
        </level>
        <level label="ii">
          <level label="1">
            <text>This subparagraph applies when the license holder owns the property from which the license is to be transferred.</text>
          </level>
          <level label="2">
            <text>The application to transfer a license shall include information on the status of the real property associated with the license to be transferred and any plans for disposition and future use of the property after the transfer of the license.</text>
          </level>
          <level label="3">
            <text>Except as provided in subparagraph (iv) of this paragraph, the Board shall deny a transfer under this section if it determines, based on an assessment provided by the county Department of Economic and Workforce Development, that:</text>
          </level>
          <level label="A">
            <text>the applicant has not demonstrated that there is an appropriate future use of the property from which the license is to be transferred after the transfer; or</text>
          </level>
          <level label="B">
            <text>the transfer will result in significant negative economic impact to the community that surrounds the property from which the license is to be transferred.</text>
          </level>
        </level>
        <level label="iii">
          <level label="1">
            <text>This subparagraph applies when the license holder has no ownership in the property from which the license is to be transferred.</text>
          </level>
          <level label="2">
            <text>The county Department of Economic and Workforce Development may submit a letter to the Board regarding the economic impact the transfer of the license will have on the community that surrounds the property from which the license is to be transferred.</text>
          </level>
          <level label="3">
            <text>The Board may deny a transfer under this section based on the letter received in accordance with subsubparagraph 2 of this subparagraph, unless the Board finds that the applicant has undertaken a good faith effort to facilitate a future use of the property by advising the property owner of the intention to transfer the license to another location.</text>
          </level>
          <level label="4">
            <text>The applicant may submit information to the Board in support of the transfer of the license.</text>
          </level>
        </level>
        <level label="iv">
          <text>The Board may waive the requirement under subparagraph (ii)3 of this paragraph if, with the concurrence of the county Department of Economic and Workforce Development, the Board finds that the license holder has undertaken good faith efforts to facilitate a future use of the property and mitigate any negative economic impacts to the surrounding community.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>A Class B Service Bar (SB) beer and wine license may be issued only in compliance with this subsection.</text>
      </level>
      <level label="2">
        <text>A Class B Service Bar (SB) license allows:</text>
        <level label="i">
          <text>sales of beer and wine for on–premises consumption; and</text>
        </level>
        <level label="ii">
          <text>alcoholic beverages to be served to patrons only as part of a meal.</text>
        </level>
      </level>
      <level label="3">
        <text>A Class B Service Bar (SB) license may be used only in the operation of a restaurant, as defined by the Board and this article, that:</text>
        <level label="i">
          <text>has table service; and</text>
        </level>
        <level label="ii">
          <text>maintains average daily receipts from the sale of food of at least 60% of the total daily receipts of the establishment.</text>
        </level>
      </level>
      <level label="4">
        <text>A Class B Service Bar (SB) license does not allow service to a customer who is standing or accepting delivery of purchased food or beverage items other than while seated at a table.</text>
      </level>
      <level label="5">
        <level label="i">
          <text>Except as provided in subparagraph (ii) of this paragraph, the proposed restaurant for which a Class B Service Bar (SB) license is sought shall comply with the zoning ordinances of the county, including allowing seating for not fewer than 30 customers and not more than 100 customers.</text>
        </level>
        <level label="ii">
          <text>The license may not be used in conjunction with the viewing of televised sporting events or the use of live bands, disc jockeys, karaoke, or any other form of live entertainment.</text>
        </level>
      </level>
      <level label="6">
        <text>A Class B Service Bar (SB) license issued under this subsection may not thereafter be transferred from the licensed premises or converted to another class of license.</text>
      </level>
    </level>
    <level label="d">
      <text>The annual fee for a Class B Service Bar (SB) beer and wine license is $5,000.</text>
    </level>
    <level label="e">
      <level label="1">
        <text>When a license is transferred from an eligible transferor district to another election district under this section, the license does not continue to exist in the eligible transferor district from which it was transferred.</text>
      </level>
      <level label="2">
        <text>Subject to the 25% allowance authorized in subsection (b)(1)(ii) of this section, the Board shall consider a license transferred under this section to be a regular license and not an exception license for determining the total number of licenses available in an election district based on the rule of the Board.</text>
      </level>
    </level>
    <level label="f">
      <text>The Board shall convert a Class D license that is transferred from an eligible transferor district to any other election district to a Class B license.</text>
    </level>
  </section>
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="13-1606" title_number="13" title_name="Baltimore County" subtitle_number="16" subtitle_name="Licensing Conditions; Multiple Licensing Plans">
    <level label="a">
      <text>The Board may allow a person to obtain a direct or indirect interest in:</text>
      <level label="1">
        <text>in addition to one or more licenses issued in another jurisdiction or state, not more than 12 Class B (on–sale –– hotels and restaurants) beer, wine, and liquor licenses; or</text>
      </level>
      <level label="2">
        <text>if one of the restaurants for which a license is issued is located in the Liberty Road Commercial Revitalization District as defined by the County Council on October 18, 1999, not more than 13 Class B (on–sale –– hotels and restaurants) beer, wine, and liquor licenses.</text>
      </level>
    </level>
    <level label="b">
      <text>A restaurant described in subsection (a) of this section shall:</text>
      <level label="1">
        <text>meet the requirements of the regulations of the Board regarding the availability and issuance of licenses;</text>
      </level>
      <level label="2">
        <text>meet the definition requirements of “restaurant” established under the regulations of the Board;</text>
      </level>
      <level label="3">
        <text>have not more than 49% of sales in alcoholic beverages in connection with the business; and</text>
      </level>
      <level label="4">
        <text>for a second or subsequent license, have a minimum capital investment of $250,000 for restaurant facilities.</text>
      </level>
    </level>
    <level label="c">
      <text>An indirect interest is presumed to exist between two persons, if the persons:</text>
      <level label="1">
        <text>have a common parent company;</text>
      </level>
      <level label="2">
        <text>are parties to a franchise agreement, licensing agreement, or concession agreement;</text>
      </level>
      <level label="3">
        <text>are part of a chain of businesses that is commonly owned and operated;</text>
      </level>
      <level label="4">
        <text>share a director, stockholder, partner, or member;</text>
      </level>
      <level label="5">
        <text>share a director, stockholder, partner, or member of a parent or subsidiary;</text>
      </level>
      <level label="6">
        <text>share, directly or indirectly, profit from the sale of alcoholic beverages; or</text>
      </level>
      <level label="7">
        <text>share a trade name, trademark, logo or theme, or mode of operation identifiable by the public.</text>
      </level>
    </level>
    <level label="d">
      <text>A second or subsequent license described in subsection (a) of this section does not confer an off–sale privilege.</text>
    </level>
  </section>
</subtitle>