<?xml version='1.0' encoding='utf-8'?>
<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>
