# Alcoholic Beverages and Cannabis (GAB)

## Title 16. Carroll County

### Subtitle 1. Definitions; General Provisions

#### Section 16-101

(a) In this title:

  (1) the definitions in Sec. 1-101 of this article apply without exception or variation; and

  (2) the following words have the meanings indicated.

(b) "Board" means the Board of License Commissioners for Carroll County.

(c) "County" means Carroll County.

#### Section 16-102

This title applies only in Carroll County.

#### Section 16-103

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

### Subtitle 2. Board of License Commissioners

#### Section 16-201

There is a Board of License Commissioners for Carroll County.

#### Section 16-202

(a) The County Commissioners shall appoint three members to the Board.

(b)

  (1) The term of a regular member is 3 years.

  (2) The terms of the regular members are staggered as required by the terms provided for members of the Board on July 1, 2016.

(c) The County Commissioners may remove a member for misconduct in office, incompetence, or willful neglect of duty.

#### Section 16-203

(a) The County Commissioners shall appoint one substitute member to the Board to serve if a regular member is absent or incapacitated.

(b) The County Commissioners shall provide a term of office for the substitute member.

#### Section 16-204

The County Commissioners shall designate a chair from among the regular members of the Board.

#### Section 16-205

(a) The Board shall meet at least once a month.

(b) The County Commissioners shall set:

  (1) the annual salaries of the regular members of the Board; and

  (2) the salary of the substitute member on a per diem basis.

(c) The Board may:

  (1) employ:

    (i) a secretary;

    (ii) inspectors; and

    (iii) clerical and other assistants as are necessary; and

  (2) set the compensation of the employees.

#### Section 16-206

The Board may adopt regulations to carry out this article.

### Subtitle 3. Liquor Control

#### Section 16-301

There is no liquor control board or department of liquor control in the county.

### Subtitle 4. Manufacturer's Licenses

#### Section 16-401

(a) The following sections of Title 2, Subtitle 2 ("Manufacturer's Licenses") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 2-201 ("Issuance by Comptroller");

  (2) Sec. 2-203 ("Class 9 limited distillery license");

  (3) Sec. 2-204 ("Class 2 rectifying license");

  (4) Sec. 2-205 ("Class 3 winery license");

  (5) Sec. 2-207 ("Class 5 brewery license");

  (6) Sec. 2-210 ("Class 8 farm brewery license");

  (7) Sec. 2-211 ("Residency requirement");

  (8) Sec. 2-212 ("Additional licenses");

  (9) Sec. 2-213 ("Additional fees");

  (10) Sec. 2-214 ("Sale or delivery restricted");

  (11) Sec. 2-216 ("Interaction between manufacturing entities and retailers");

  (12) Sec. 2-217 ("Distribution of alcoholic beverages -- Prohibited practices"); and

  (13) Sec. 2-218 ("Restrictive agreements between producers and retailers -- Prohibited").

(b) Section 2-215 ("Beer sale on credit to retail dealer prohibited") of Division I of this article does not apply in the county.

(c) The following sections of Title 2, Subtitle 2 ("Manufacturer's Licenses") of Division I of this article apply in the county:

  (1) Sec. 2-202 ("Class 1 distillery license"), subject to Sec. 16-406 of this subtitle;

  (2) Sec. 2-206 ("Class 4 limited winery license"), subject to Sec. 16-403 of this subtitle;

  (3) Sec. 2-208 ("Class 6 pub-brewery license"), subject to Sec. 16-404 of this subtitle; and

  (4) Sec. 2-209 ("Class 7 micro-brewery license"), subject to Sec. 16-405 of this subtitle.

#### Section 16-402

A holder of a manufacturer's license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.

#### Section 16-403

(a) This section applies to a Class 4 limited winery license in the county.

(b) A holder of a Class 4 limited winery license that applies for a Class A wine license under Sec. 16-701 of this title is exempt from any license population quota limitation established under Sec. 16-1601 of this title.

#### Section 16-404

(a) This section applies to a Class 6 pub-brewery license in the county.

(b) Section 2-208(d) of this article does not apply in the county.

#### Section 16-405

(a) This section applies to a Class 7 micro-brewery license in the county.

(b)

  (1) In this subsection, "protected building" means:

    (i) an elementary school;

    (ii) a secondary school; or

    (iii) a church or other place of worship.

  (2) Paragraph (3) of this subsection does not apply to a micro-brewery that was in existence on July 1, 1997.

  (3)

    (i) A micro-brewery may not be located within 300 feet of a protected building.

    (ii) The distance shall be measured from the nearest point of the building in which the micro-brewery is located to the nearest point of the property line on which the protected building is located.

  (4) Notwithstanding paragraph (3) of this subsection, if a micro-brewery was established at its licensed premises before a protected building was established within 300 feet of the micro-brewery, the Executive Director may renew the license of the micro-brewery.

#### Section 16-406

(a) There is a Class 1 distillery on-site consumption permit.

(b) The permit may be issued to a holder of a Class 1 distillery license.

(c) The permit serves as the on-premises consumption permit required under Sec. 2-202(e) and (i) of this article.

(d)

  (1) The permit authorizes the holder to sell, prepare, and serve:

    (i) food;

    (ii) nonalcoholic beverages; and

    (iii) alcoholic beverages, including brandy, rum, whiskey, and neutral spirits that are distilled, rectified, blended, and bottled at the distillery for on- and off-premises consumption to the extent the permit holder is authorized under the Class 1 distillery license.

  (2) The authorization to sell, prepare, and serve food and nonalcoholic beverages under this subsection is subject to approval by the Carroll County Health Department.

(e)

  (1) The permit authorizes the holder to use the licensed premises for events.

  (2) Any on-premises consumption of alcoholic beverages at an event held in accordance with paragraph (1) of this subsection shall comply with subsection (d) of this section.

(f) An application for a permit under this section shall include a diagram of the proposed area for consumption under the permit and show clear delineation from the manufacturing and processing facilities.

(g) The Board shall adopt regulations to carry out this section and to set the annual permit fee.

### Subtitle 5. Wholesaler's Licenses

#### Section 16-501

(a) The following sections of Title 2, Subtitle 3 ("Wholesaler's Licenses") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 2-301 ("Licenses issued by Comptroller");

  (2) Sec. 2-302 ("Class 1 beer, wine, and liquor wholesaler's license");

  (3) Sec. 2-303 ("Class 2 wine and liquor wholesaler's license");

  (4) Sec. 2-304 ("Class 3 beer and wine wholesaler's license");

  (5) Sec. 2-305 ("Class 4 beer wholesaler's license");

  (6) Sec. 2-306 ("Class 5 wine wholesaler's license");

  (7) Sec. 2-307 ("Class 6 limited wine wholesaler's license");

  (8) Sec. 2-308 ("Class 7 limited beer wholesaler's license");

  (9) Sec. 2-309 ("Sale and delivery of beer or wine from wholesaler's vehicle");

  (10) Sec. 2-310 ("Sale and delivery to retail license holder");

  (11) Sec. 2-311 ("Additional wholesaler's licenses");

  (12) Sec. 2-312 ("Direct importation of alcoholic beverages");

  (13) Sec. 2-313 ("Sale or delivery restricted to holder of license or permit");

  (14) Sec. 2-315 ("Interaction between wholesaling entities and retailers");

  (15) Sec. 2-316 ("Distribution of alcoholic beverages -- Prohibited practices"); and

  (16) Sec. 2-317 ("Restrictive agreements between wholesalers and retailers -- Prohibited").

(b) Section 2-314 ("Beer sale on credit to retail dealer prohibited") of Division I of this article does not apply in the county.

#### Section 16-502

Except as provided in Sec. 16-503 of this subtitle, a holder of a wholesaler's license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.

#### Section 16-503

(a) A holder of a wholesaler's license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.

### Subtitle 6. Beer Licenses

#### Section 16-601

(a) There is a Class A beer license.

(b)

  (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license.

  (2) The license holder shall sell the beer in a sealed package or container.

  (3) The package or container may not be opened and its contents may not be consumed on the premises where the beer is sold.

(c) The annual license fee is:

  (1) from July 1, 2014, to June 30, 2017, $200; and

  (2) beginning on July 1, 2017, $250.

#### Section 16-602

(a) There is a Class B beer license.

(b) The license authorizes the license holder to sell beer at retail at a hotel or restaurant at the place described in the license for on- and off-premises consumption.

(c) The annual license fee is $130.

#### Section 16-603

(a) There is a Class C beer license.

(b) The license authorizes the license holder to sell beer at retail to members of a club and their guests at the place described in the license for on-premises consumption.

(c) The annual license fee is $50.

#### Section 16-604

(a) There is a Class D beer license.

(b)

  (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail:

    (i) at the place described in the license for on-premises consumption; and

    (ii) at the discretion of the board, for off-premises consumption.

  (2) A license may not be issued for a drugstore.

(c) The annual license fee is $250.

### Subtitle 7. Wine Licenses

#### Section 16-701

(a) There is a Class A wine license in the county.

(b) The license may be issued to a holder of a Class 4 limited winery license.

(c)

  (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery.

  (2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee is $50.

### Subtitle 8. Beer and Wine Licenses

#### Section 16-801

The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume.

#### Section 16-802

(a) There is a Class A beer and wine license.

(b)

  (1) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license.

  (2) The license holder shall sell the beer and wine in a sealed package or container.

  (3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or wine is sold.

(c) The annual license fee is:

  (1) from July 1, 2014, to June 30, 2017, $340; and

  (2) beginning on July 1, 2017, $500.

#### Section 16-803

(a) There is:

  (1) a Class B beer and wine 6-day license; and

  (2) a Class B beer and wine 7-day license.

(b) The license authorizes the license holder to sell beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on- and off-premises consumption.

(c) The annual license fees are:

  (1) $160 for a 6-day license; and

  (2) $1,000 for a 7-day license.

#### Section 16-804

(a) There is a Class C beer and wine license.

(b) The license authorizes the license holder to sell beer and wine to a member of a club and a guest of the member, at retail, at the place described in the license, for on-premises consumption.

(c) The annual license fee is $70.

#### Section 16-805

(a) There is a Class D beer and wine license.

(b) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license:

  (1) for on-premises consumption; and

  (2) for off-premises consumption at the discretion of the Board.

(c) The license may not be issued for use by a drugstore.

(d) The annual license fee is $250.

### Subtitle 9. Beer, Wine, and Liquor Licenses

#### Section 16-901

(a) There is a Class A beer, wine, and liquor license.

(b)

  (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

  (2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) The license may not be issued for a drugstore unless the applicant:

  (1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

  (2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

  (3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is:

  (1) from July 1, 2014, to June 30, 2017, $850; and

  (2) beginning on July 1, 2017, $1,000.

#### Section 16-902

(a) There is a Class B beer, wine, and liquor license.

(b) The Board may issue the license for use by:

  (1) a hotel that:

    (i) accommodates the public by providing service ordinarily found in hotels;

    (ii) has:

      (1) at least 25 rooms;

      (2) a lobby with registration and mail desk; and

      (3) a dining room that serves full-course meals at least twice daily and that has regular seating at tables, including not more than 15 seats at bars or counters, for at least 50 individuals; and

    (iii) is operated in facilities that are valued for State and local assessment and taxation at not less than $50,000; or

  (2) a restaurant that:

    (i) is open for business at least 5 days a week and serves at least:

      (1) two full-course meals each day it is open from Monday to Friday; and

      (2) one full-course meal each day it is open on Saturday and Sunday;

    (ii) has regular seating at tables, including not more than 15 seats at bars or counters, for at least 50 individuals; and

    (iii) is operated in facilities that are valued for State and local assessment and taxation at not less than $50,000.

(c)

  (1) In this subsection, "premises" means an area:

    (i) inside the restaurant where meals are prepared and served; or

    (ii) outside the restaurant that is approved in writing by the Board.

  (2) The license authorizes the license holder to sell:

    (i) beer, wine, and liquor for on-premises consumption;

    (ii) beer for off-premises consumption 7 days a week; and

    (iii) wine for off-premises consumption 7 days a week if:

      (1) the area used to prepare and consume food and beverages occupies at least 90% of the square footage of the licensed premises; and

      (2) the license holder does not sell more than six bottles of wine to an individual at one time.

(d)

  (1) If a license application is made for a new or improved building, on request by the Board the supervisor of assessments shall assess the building and advise the Board of the valuation of the building for assessment and taxation.

  (2) The valuation of the building for assessment and taxation does not affect the renewal or transfer of a Class B license issued before May 1, 1979.

(e) The annual license fee is $1,500.

#### Section 16-903

(a) There is a Class BC beer, wine, and liquor license.

(b) The Board may issue a Class BC license to an applicant that has:

  (1) a hotel or restaurant that meets the licensing requirements in Sec. 16-902(c) of this subtitle; or

  (2) a Class B hotel or restaurant (on- and off-sale) beer, wine, and liquor license, if the applicant surrenders the Class B license to the Board before being issued the Class BC license.

(c)

  (1) The license authorizes the license holder to sell:

    (i) beer, wine, and liquor 7 days a week at a restaurant or hotel for on-premises consumption;

    (ii) beer 7 days a week at a restaurant or hotel for off-premises consumption; and

    (iii) beer, wine, and liquor 7 days a week at a catered event held off the restaurant or hotel premises for consumption on the premises of the event.

  (2) Either the license holder or the event sponsor shall provide food for consumption at the catered event.

(d) The license holder may sell beer, wine, and liquor during the hours and on the days as set out for a Class B license under Sec. 16-2005 of this title.

(e) The annual license fee is $250 greater than the fee for a Class B hotel or restaurant (on- and off-sale) beer, wine, and liquor license.

#### Section 16-904

(a) There is a Class BR beer, wine, and liquor license.

(b) The Board may issue the license for use by a restaurant that:

  (1) serves at least one full-course evening dinner meal at least 5 days a week;

  (2) is only open during the time meals are served;

  (3) has regular seating at tables, including not more than 15 seats at bars and counters, for at least 50 individuals; and

  (4) is operated in facilities valued for State and local assessment and taxation at not less than $50,000.

(c)

  (1) In this subsection, "premises" means an area:

    (i) inside the restaurant where meals are prepared and served; or

    (ii) outside the restaurant that is approved in writing by the Board.

  (2) The license authorizes the license holder to sell beer, wine, and liquor 7 days a week at a restaurant for consumption:

    (i) with meals on the licensed premises; or

    (ii) on the licensed premises in accordance with regulations that the Board adopts.

(d) If a license application is made for a new or improved building, on request of the Board the supervisor of assessments shall assess the building and advise the Board of the valuation of the building for assessment and taxation.

(e) The license holder may sell beer, wine, and liquor 7 days a week at a catered event held off the licensed premises for consumption on the premises of the catered event if the license holder:

  (1) provides food for consumption at the catered event; and

  (2) pays an annual fee of $250 in addition to the annual license fee.

(f) The annual license fee is $2,000.

#### Section 16-905

(a) There is a Class C beer, wine, and liquor license.

(b)

  (1) The Board may issue the license for use by a club that:

    (i) has a dining room;

    (ii) has a regular seating capacity at tables, including not more than 15 seats at bars or counters, for at least 50 individuals; and

    (iii) operates in a facility with an assessed real property valuation of at least $20,000.

  (2) The license authorizes the license holder to sell beer, wine, and liquor at a club, at the place described in the license, for on-premises consumption.

(c) The annual license fee:

  (1) for a club that is a local chapter of a nationally organized nonprofit fraternal or veterans' organization is $1,200; and

  (2) for any other club is $1,500.

#### Section 16-906

A Class D beer, wine, and liquor license may not be issued in the county.

### Subtitle 10. Licenses for Specific Types of Organizations and Venues

#### Section 16-1001

(a) There is a Class C (golf course) beer, wine, and liquor license.

(b) The Board may issue the license for the use of a golf course or organization that:

  (1) is open to the public;

  (2) is operated for profit;

  (3) owns real estate in the county; and

  (4) has a golf course with a minimum of nine holes.

(c)

  (1) The license authorizes the license holder to sell beer, wine, and liquor for consumption only on the land and in the buildings that are part of the golf course.

  (2) A patron need not be seated to be served.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under Sec. 16-2005 of this title.

(e) The annual license fee is $1,500.

### Subtitle 11. Additional License Privileges

#### Section 16-1101

(a) The following sections of Title 4, Subtitle 11 ("Additional License Privileges") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-1102 ("Corkage -- Consuming wine not purchased from license holder on licensed premises"); and

  (2) Sec. 4-1103 ("Removal of partially consumed bottle of wine from licensed premises").

(b) Section 4-1105 ("Refillable container permit -- Wine") of Division I of this article does not apply in the county.

(c) The following sections of Title 4, Subtitle 11 ("Additional License Privileges") of Division I of this article apply in the county:

  (1) Sec. 4-1104 ("Refillable container permit -- Draft beer"), subject to Sec. 16-1102 of this subtitle; and

  (2) Sec. 4-1106 ("Nonrefillable container permit -- Draft beer"), subject to Sec. 16-1103 of this subtitle.

#### Section 16-1102

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

  (1) begin at the same time as those for the underlying license; and

  (2) end at midnight.

(d) The annual permit fees are:

  (1) $50 for an applicant whose license has an off-sale privilege; and

  (2) $500 for an applicant whose license does not have an off-sale privilege.

#### Section 16-1103

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license.

(b) An applicant for the permit shall complete the form that the Board provides.

(c) The hours of sale for the permit:

  (1) begin at the same time as those for the underlying license; and

  (2) end at midnight.

(d)

  (1) Except as provided in paragraph (2) of this subsection, the annual permit fees are:

    (i) $50 for an applicant whose license has an off-sale privilege; and

    (ii) $500 for an applicant whose license does not have an off-sale privilege.

  (2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.

### Subtitle 12. Caterer's Licenses

#### Section 16-1201

(a) There is a Class H caterer's beer, wine, and liquor license.

(b) The Board may issue the license to the owner or operator of a catering establishment that has:

  (1) one or more banquet rooms suitable for public gatherings; and

  (2) food preparation facilities on the premises.

(c) The license authorizes a holder to:

  (1) contract with a sponsor of a public or private event to:

    (i) provide food and alcoholic beverages; or

    (ii) provide food and allow patrons to bring personal alcoholic beverages onto the premises of the license holder for consumption at a catered event; and

  (2) sell alcoholic beverages at retail at the premises described in the license for on-premises consumption.

(d)

  (1) The annual license fee is equal to the fee for a Class B beer, wine, and liquor license as provided in Sec. 16-902 of this title.

  (2) The Board may not issue the license before payment of the fee is received by the Board.

(e) A hotel or restaurant that holds a Class B restaurant or hotel beer, wine, and liquor license is not required to obtain a Class H caterer's license if catering is or has been a part of the services provided by the holder of the Class B license.

#### Section 16-1202

(a) There is a Class HC caterer's (on-sale and limited off-sale) beer, wine, and liquor license.

(b) The Board may issue the license to the holder of a Class H caterer's beer, wine, and liquor license.

(c) The license authorizes a holder to:

  (1) sell beer, wine, and liquor 7 days a week at a catered event for consumption:

    (i) on the licensed premises; or

    (ii) on the premises where the catered event is held; and

  (2) exercise the privileges of the license only during the hours and on the days authorized for a Class B hotel or restaurant (on- and off-sale) beer, wine, and liquor license.

(d) The license holder shall provide food for consumption at the catered event.

(e)

  (1) Subject to paragraph (2) of this subsection, in a calendar year the license holder may hold not more than eight events that the license holder sponsors.

  (2) An event that the license holder sponsors may be held only at a location and on a date that the Board approves in accordance with regulations that the Board adopts.

(f) The annual license fee is $250 greater than the annual fee for a Class B hotel or restaurant (on- and off-sale) beer, wine, and liquor license.

### Subtitle 13. Temporary Licenses

#### Section 16-1301

(a) The following sections of Title 4, Subtitle 12 ("Temporary Licenses") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-1202 ("Per diem licenses");

  (2) Sec. 4-1203 ("Class C per diem beer and Class C per diem beer and wine licenses");

  (3) Sec. 4-1204 ("Class C per diem beer, wine, and liquor license");

  (4) Sec. 4-1206 ("License to dispose of stock");

  (5) Sec. 4-1207 ("Temporary move of licensed premises");

  (6) Sec. 4-1208 ("Hours and days of sale"); and

  (7) Sec. 4-1209 ("Wine permit for fund-raising event").

(b) Section 4-1205 ("License fees") of Division I of this article does not apply in the county and is superseded by Sec. 16-1311 of this subtitle.

#### Section 16-1304

(a) There is a beer festival license.

(b) The Board may issue the license to a holder of a retail license, Class 5 brewery license, Class 7 micro-brewery license, or Class 8 farm brewery license.

(c) The license authorizes the holder to display and sell beer.

(d) A license holder shall display and sell beer:

  (1) at retail for on- and off-premises consumption; and

  (2) during the hours and days designated for the beer festival.

(e) The Board shall:

  (1) choose 1 weekend for the beer festival that does not fall on the dates chosen for the Anne Arundel Beer and Wine Festival, the Cumberland and Shenandoah Valley Wine Festival in Washington County, or the Maryland Wine Festival in Carroll County;

  (2) choose a location that is not already licensed; and

  (3) ensure that the primary focus of the beer festival is the promotion of Maryland beer.

(f) The license holder may hold another license of a different class or nature.

(g) The license fee is $50 for a 1-day or 2-day festival.

(h) The Board shall adopt regulations to carry out this section.

#### Section 16-1305

(a) There is a Maryland Wine Festival (MWF) license.

(b) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 limited winery license.

(c) The license authorizes the holder to display and sell wine that is produced and processed in the State.

(d) A license holder shall display and sell wine:

  (1) at retail for on- and off-premises consumption; and

  (2) during the hours and days designated for the Maryland Wine Festival in Carroll County.

(e) The County Commissioners:

  (1) may choose 1 weekend each year during the month of July, August, or September for the Maryland Wine Festival; and

  (2) shall choose a location that is not already licensed.

(f) The license holder may hold another license of a different class or nature.

(g) The license fee is $200.

(h) The Board shall adopt regulations to carry out this section.

#### Section 16-1306

(a) There is a beer tasting (BT) license.

(b) The Board may issue the license to a holder of a beer and wine (BW) license or a beer, wine, and liquor (BWL) license.

(c) The license authorizes the holder to allow the consumption of beer for tasting if:

  (1) the license holder is authorized to sell the beer; and

  (2) the consumer is not charged for the beer.

(d) The Board shall regulate:

  (1) the quantity of beer served to each individual;

  (2) the number of bottles or other containers of beer from which this quantity is served; and

  (3) the size of the bottles or other containers.

(e) In addition to the cost of a BW license or BWL license, the annual license fee is $100.

#### Section 16-1307

(a) There is a wine tasting (WT) license.

(b) The Board may issue the license to a holder of a beer and wine (BW) license or beer, wine, and liquor (BWL) license.

(c) The license authorizes the holder to allow the consumption of wine for tasting if:

  (1) the license holder is authorized to sell the wine; and

  (2) the consumer is not charged for the wine.

(d) The Board shall regulate:

  (1) the quantity of wine served to each individual; and

  (2) the number of bottles of wine from which this quantity is served.

(e) In addition to the cost of a BW license or BWL license, the annual license fee is $100.

#### Section 16-1308

(a) There is a liquor tasting license.

(b) The Board may issue the license to a holder of a Class A beer, wine, and liquor license.

(c) The license authorizes the holder to allow the consumption of liquor for tasting if:

  (1) the license holder is authorized to sell the liquor; and

  (2) the consumer is not charged for the liquor.

(d) An individual may consume liquor at a liquor tasting in a quantity of not more than:

  (1) one-half ounce from each offering of liquor; and

  (2) five offerings in 1 day.

(e) A license is valid for not more than 52 days a year and may be used on consecutive or nonconsecutive days.

(f) The annual license fee is $100.

#### Section 16-1308.1

(a) There is a beer, wine, and liquor (BWL) tasting license.

(b) The Board may issue the license to a holder of a beer, wine, and liquor (BWL) license.

(c) The license authorizes the license holder and the holder of a solicitor's permit to allow the consumption of beer, wine, and liquor for tasting by a customer or an employee of the license holder if:

  (1) the license holder is authorized to sell the beer, wine, and liquor; and

  (2) the customer or the employee is not charged for the beer, wine, and liquor.

(d) The Board shall regulate:

  (1) the quantity of beer served to each individual;

  (2) the number of bottles or other containers of beer from which the quantity is served;

  (3) the size of the beer bottles or other containers;

  (4) the quantity of wine served to each individual; and

  (5) the number of bottles of wine from which the quantity is served.

(e) An individual may consume liquor at a liquor tasting in a quantity of not more than:

  (1) one-half ounce from each offering of liquor; and

  (2) five offerings in 1 day.

(f) A license is valid during business hours.

(g) In addition to the cost of a BWL license, the annual license fee is $150.

#### Section 16-1311

The fee for a Class C per diem beer license, a Class C per diem beer and wine license, or a Class C per diem beer, wine, and liquor license is $50 per day.

#### Section 16-1312

(a) The Board may issue a Class C multiple event beer, wine, and liquor license.

(b) The license authorizes the license holder to exercise any privilege conferred by a Class C beer, wine, and liquor license at an entertainment event held by a county fire department or an arts center on West Main Street in Westminster.

(c)

  (1) The license shall be in the form that the Board requires.

  (2) The applicant shall sign the license.

(d) A fire department or an arts center on West Main Street in Westminster may not be issued a multiple event license more than one time in a calendar year.

(e) The annual fee for the license is:

  (1) $125, for not more than 10 events per year;

  (2) $250, for not more than 20 events per year;

  (3) $375, for not more than 30 events per year;

  (4) $500, for not more than 40 events per year; and

  (5) $2,000 for 41 or more events per year.

(f) A fire company or an arts center on West Main Street in Westminster that holds a Class C multiple event license is not precluded from obtaining a Class C per diem license under this subtitle.

### Subtitle 14. Applications for Licenses

#### Section 16-1401

(a) The following sections of Title 4, Subtitle 1 ("Applications for Local Licenses") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-102 ("Applications to be filed with local licensing board");

  (2) Sec. 4-106 ("Payment of notice expenses");

  (3) Sec. 4-108 ("Application form required by Comptroller");

  (4) Sec. 4-111 ("Payment of license fees");

  (5) Sec. 4-113 ("Refund of license fees"); and

  (6) Sec. 4-114 ("Fees for licenses issued for less than 1 year").

(b) The following sections of Title 4, Subtitle 1 ("Applications for Local Licenses") of Division I of this article apply in the county:

  (1) Sec. 4-103 ("Application on behalf of partnership"), subject to Sec. 16-1405 of this subtitle;

  (2) Sec. 4-104 ("Application on behalf of corporation or club"), subject to Sec. 16-1405 of this subtitle;

  (3) Sec. 4-105 ("Application on behalf of limited liability company"), subject to Sec. 16-1405 of this subtitle;

  (4) Sec. 4-107 ("Criminal history records check"), subject to Sec.Sec. 16-1403 and 16-1404 of this subtitle;

  (5) Sec. 4-109 ("Required information on application -- In general"), subject to Sec. 16-1405 of this subtitle;

  (6) Sec. 4-110 ("Required information on application -- Petition of support"), subject to Sec. 16-1405.1 of this subtitle; and

  (7) Sec. 4-112 ("Disposition of license fees"), subject to Sec. 16-1406 of this subtitle.

#### Section 16-1402

The Board may charge an administrative fee not exceeding $500 for processing an application for a new license. 

#### Section 16-1403

The Board shall obtain criminal history record information of each applicant for a license from the Central Repository.

#### Section 16-1404

The Board shall destroy the criminal history record information obtained under Sec. 4-107 of this article on completion of the application process.

#### Section 16-1405

(a) An individual who is a resident of the State at the time an application for a license is filed meets the residency requirements under Sec.Sec. 4-103, 4-104, and 4-105 of this article.

(b) The license remains valid only for as long as at least one of the applicants remains a resident of the State.

#### Section 16-1405.1

An application for a license shall include a petition of support signed by at least 10 residents who are owners of real estate and registered voters of the precinct in which the business is to be conducted stating:

(1) the length of time each of the residents has been acquainted with the applicant or, if the applicant is a corporation, acquainted with the individuals making the application; and

(2) that they have examined the application, have good reason to believe that the statements contained in the application are true, and in their judgment the applicant is a suitable person to obtain the license.

#### Section 16-1406

The County Commissioners shall pay 25% of the license fees collected under this title to the municipality where the licensed premises is located.

### Subtitle 15. Issuance or Denial of Licenses

#### Section 16-1501

(a) The following sections of Title 4, Subtitle 2 ("Issuance or Denial of Local Licenses") of Division I of this article apply in the county without exception or variation:

  (1) Sec.?4-202?("Authority of local licensing boards");

  (2) Sec.?4-204?("Prohibition against issuing multiple licenses for same premises");

  (3) Sec.?4-205?("Chain store, supermarket, or discount house");

  (4) Sec.?4-206?("Limitations on retail sales floor space");

  (5) Sec.?4-207?("Licenses issued to minors");

  (6) Sec.?4-208?("Notice of license application required");

  (7) Sec.?4-210?("Approval or denial of license application");

  (8) Sec.?4-211?("License forms; effective date; expiration");

  (9) Sec.?4-212?("License not property");

  (10) Sec.?4-213?("Replacement licenses"); and

  (11) Sec.?4-214?("Waiting periods after denial of license applications").

(b) The following sections of Title 4, Subtitle 2 ("Issuance or Denial of Local Licenses") of Division I of this article apply in the county:

  (1) Sec. 4-203 ("Prohibition against issuing multiple licenses to individual or for use of entity"), subject to Subtitle 13, Part III of this title; and

  (2) Sec. 4-209?("Hearing"), subject to Sec. 16-1502 of this subtitle.

#### Section 16-1502

The Board is not required to hold a hearing before issuing a special or temporary license if the application is only for a special or temporary license.

### Subtitle 16. Licensing Conditions; Multiple Licensing Plans

#### Section 16-1601

(a)

  (1)

    (i) The aggregate number of all Class A beer licenses, beer and wine licenses, and beer, wine, and liquor licenses in each election district may not be more than one for every 5,000 individuals.

    (ii) The Board shall determine the population of each election district by using the most recent published population report of the County Planning Commission.

  (2) Except as provided in subsection (b) of this section, the Board may not issue a new Class A license if, in the election district in which the license would be located:

    (i) the ratio already exceeds one Class A license for every 5,000 individuals; or

    (ii) the issuance of the license would cause the ratio to exceed one Class A license for every 5,000 individuals.

(b) Subsection (a) of this section does not apply to:

  (1) a winery that applies for a Class A wine license under Sec. 16-1701 of this title; or

  (2) the renewal or transfer of a license.

### Subtitle 17. Transfer of Licenses; Substitution of Names on License

#### Section 16-1701

(a) The following sections of Title 4, Subtitle 3 ("Transfer of Local Licenses; Substitution of Names on License") of Division I of this article apply in the county without exception or variation:

  (1) Sec.?4-303?("Chain store, supermarket, or discount house");

  (2) Sec.?4-304?("Compliance with Bulk Transfers Act required"); and

  (3) Sec.?4-306?("Substitution of names of officers on license").

(b) The following sections of Title 4, Subtitle 3 ("Transfer of Local Licenses; Substitution of Names on License") of Division I of this article apply in the county:

  (1) Sec.?4-302?("Transfer of place of business; transfer of license and inventory"), subject to Sec. 16-1702 of this subtitle; and

  (2) Sec.?4-305?("Filing fee and endorsement"), subject to Sec. 16-1703 of this subtitle.

#### Section 16-1702

The Board may not allow the transfer of a license unless the Board is satisfied that all State or local real or personal property taxes owed by the transferor are paid.

#### Section 16-1703

(a) The fee for a transfer of a license is $350, in addition to the costs of publication and notice.

(b) The fee is not refundable.

### Subtitle 18. Renewal of Licenses

#### Section 16-1801

Title 4, Subtitle 4 ("Renewal of Local Licenses") of Division I of this article applies in the county without exception or variation.

#### Section 16-1802

The Board may impose a late fee of $50 for each day the application is late, up to a maximum amount of $500.

#### Section 16-1803

The requirement for a criminal history records check under Sec. 4-107 of this article does not apply to applicants for license renewal.

### Subtitle 19. Conduct of License Holders

#### Section 16-1901

(a) The following sections of Title 4, Subtitle 5 ("Conduct of Local License Holders") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-502 ("Storage of alcoholic beverages");

  (2) Sec. 4-503 ("Solicitations and sales outside of licensed premises");

  (3) Sec. 4-506 ("Evidence of purchaser's age");

  (4) Sec. 4-507 ("Retail delivery of alcoholic beverages"); and

  (5) Sec. 4-508 ("Display of license").

(b) The following sections of Title 4, Subtitle 5 ("Conduct of Local License Holders") of Division I of this article apply in the county:

  (1) Sec. 4-504 ("Employment of underage individuals"), subject to Sec. 16-1902 of this subtitle; and

  (2) Sec. 4-505 ("Alcohol awareness program"), subject to Sec. 16-1904 of this subtitle.

#### Section 16-1902

(a) A holder of a Class B license may employ an individual at least 15 years old to perform a task other than one involving selling, serving, or delivering alcoholic beverages.

(b)

  (1) An individual at least 18 years old may sell, serve, or deliver alcoholic beverages in a restaurant.

  (2) A holder of a Class A license may employ an individual at least 18 years old to stock alcoholic beverages and to operate a lottery ticket terminal.

(c) An individual under the age of 21 years may not act as a bartender or in any solely bar-related capacity.

#### Section 16-1903

A license holder may not sell, offer to sell, or dispense alcoholic beverages from a walk-up or drive-through window.

#### Section 16-1904

(a) The holder of a Class B or Class D license or an individual designated by the license holder who is employed in a supervisory capacity shall be:

  (1) certified by an approved alcohol awareness program; and

  (2) present on the licensed premises during the hours in which alcoholic beverages may be sold.

(b) A license holder who violates this section is subject to:

  (1) for the first offense, a $100 fine; and

  (2) for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both.

(c) At least one individual who is listed on the license as a license holder shall maintain a current certificate reflecting the completion of an alcohol awareness program while the individual is listed on the license.

### Subtitle 20. Hours and Days for Consumption and Sale

#### Section 16-2001

(a)

  (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

  (2) An owner, operator, or manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

#### Section 16-2002

(a) A holder of a Class A beer license may sell or provide beer on Monday through Sunday from 8 a.m. to 11 p.m.

(b) A holder of a Class B beer license may sell or provide beer on Monday through Saturday, from 8 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer license may sell or provide beer on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

(d) A holder of a Class D beer license may sell or provide beer on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

#### Section 16-2003

A holder of a Class A wine license may sell wine on Sunday.

#### Section 16-2004

(a) A holder of a Class A beer and wine license may sell or provide beer and wine on Monday through Sunday from 8 a.m. to 11 p.m.

(b)

  (1) A holder of a 6-day Class B beer and wine license may sell or provide beer and wine for on-premises consumption on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

  (2) A holder of a 7-day Class B beer and wine license may sell or provide beer and wine for on-premises consumption:

    (i) on Monday through Saturday from 8 a.m. to 2 a.m. the following day; and

    (ii) on Sunday from 8 a.m. to 1 a.m. the following day.

  (3) A holder of a 7-day Class B beer and wine license may sell beer and wine for off-premises consumption on Monday through Sunday from 8 a.m. to 11 p.m.

(c) A holder of a Class C beer and wine license may sell or provide beer and wine on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

(d)

  (1) A holder of a 6-day or 7-day Class D beer and wine license may sell or provide beer and wine on Monday through Saturday from 8 a.m. to 2 a.m. the following day.

  (2) A holder of a 7-day Class D beer and wine license may sell or provide beer and wine on Sunday from 8 a.m. to 1 a.m. the following day.

#### Section 16-2005

(a) A holder of a Class A beer, wine, and liquor license may sell or provide beer, wine, and liquor on Monday through Sunday from 8 a.m. to 11 p.m.

(b) A holder of a Class B beer, wine, and liquor license may sell or provide beer, wine, and liquor:

  (1) on Monday through Saturday from 8 a.m. to 2 a.m. the following day; and

  (2) on Sunday from 8 a.m. to 1 a.m. the following day.

(c) A holder of a Class C beer, wine, and liquor license may sell or provide beer, wine, and liquor:

  (1) on Monday through Saturday from 8 a.m. to 2 a.m. the following day; and

  (2) on Sunday from 8 a.m. to 1 a.m. the following day.

(d) Reserved.

(e) A holder of a Class H beer, wine, and liquor license may sell or provide beer, wine, and liquor:

  (1) on Monday through Saturday from 8 a.m. to 2 a.m. the following day; and

  (2) on Sunday from 8 a.m. to 1 a.m. the following day.

#### Section 16-2006

This article does not restrict on January 1:

(1) the sale of alcoholic beverages by a holder of a Class B, Class C, Class H, or per diem license from midnight to 3 a.m.; or

(2) a person from consuming alcoholic beverages from midnight to 3 a.m. on the premises of a holder of a Class B, Class C, Class H, or per diem license.

#### Section 16-2007

A license holder may not allow the consumption of alcoholic beverages on the premises later than 15 minutes after the closing time.

### Subtitle 21. Revocation and Suspension of Licenses

#### Section 16-2101

Title 4, Subtitle 6 ("Revocation and Suspension of Local Licenses") of Division I of this article applies in the county without exception or variation.

### Subtitle 22. Expiration of Licenses

#### Section 16-2201

Title 4, Subtitle 7 ("Expiration of Local Licenses") of Division I of this article applies in the county without exception or variation.

### Subtitle 23. Death of License Holder

#### Section 16-2301

(a) The following sections of Title 4, Subtitle 8 ("Death of License Holder") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-802 ("Expiration of license on death of license holder");

  (2) Sec. 4-804 ("Transfer or reinstatement of license");

  (3) Sec. 4-805 ("Rights of protest, revocation, suspension, and restriction"); and

  (4) Sec. 4-806 ("Refund").

(b) Section 4-803 ("Certificate of permission or renewal license for continuation of business") of Division I of this article applies in the county, subject to Sec. 16-2302 of this subtitle.

#### Section 16-2302

(a) An application for the continuation of the business of a deceased license holder shall be made within 60 days after the death of the license holder.

(b) If the personal representative or special administrator of the estate shows to the satisfaction of the Board that the estate cannot be settled within the 18-month extension period because of litigation, the Board may grant to the personal representative or special administrator additional time for the continuation of the business.

### Subtitle 24. Judicial Review

#### Section 16-2401

Title 4, Subtitle 9 ("Judicial Review") of Division I of this article applies in the county without exception or variation.

#### Section 16-2402

(a) Before docketing an action for judicial review under Title 4, Subtitle 9 of this article, the clerk of the circuit court for the county shall:

  (1) collect all court costs from the petitioner; and

  (2) receive a statement from the clerk of the Board that the costs for getting records and transcripts of proceedings of the hearing before the Board have been paid.

(b) The costs described in subsection (a)(1) of this section may not be assessed against the Board.

#### Section 16-2403

In addition to the other powers of the circuit court for the county provided in Title 4, Subtitle 9 of this article, the court may remand the proceedings to the Board.

### Subtitle 25. Unlicensed Establishments

#### Section 16-2501

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

  (1) an establishment open to the public;

  (2) a place of public entertainment; or

  (3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

### Subtitle 26. Enforcement

#### Section 16-2601

(a) The following sections of Title 6, Subtitle 2 ("Enforcement") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 6-202 ("Inspections");

  (2) Sec. 6-203 ("Use of equipment to measure quantity and quality of alcoholic beverages");

  (3) Sec. 6-204 ("Power to summon witnesses");

  (4) Sec. 6-205 ("Peace officers");

  (5) Sec. 6-206 ("Charging document for unlawful sale of alcoholic beverage");

  (6) Sec. 6-207 ("Display of alcoholic beverages as prima facie evidence of sale");

  (7) Sec. 6-208 ("Regulating possession or consumption of alcohol in public places");

  (8) Sec. 6-209 ("Adoption of standards for authorization of consumption"); and

  (9) Sec. 6-210 ("State preemption of local disorderly intoxication laws").

(b) Section 6-211 ("Fines and forfeitures") of Division I of this article applies in the county, subject to Sec. 16-2603 of this subtitle.

#### Section 16-2602

(a) The Board may subpoena records pertaining to a licensed establishment.

(b)

  (1) The Board may petition the circuit court if a witness refuses to produce a subpoenaed record.

  (2) The court may proceed by attachment against the witness as if the refusal had been by a witness summoned to appear in a case pending before the court.

#### Section 16-2603

One-half of each fine imposed in the county shall be distributed as provided under Sec. 7-507 of the Courts Article.

### Subtitle 27. Prohibited Acts

#### Section 16-2701

(a) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years");

  (2) Sec. 6-305 ("Proof of age for sale of alcoholic beverages");

  (3) Sec. 6-306 ("Defense to prosecution for sale to underage individual");

  (4) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual");

  (5) Sec. 6-309 ("Allowing on-premises consumption or possession of alcoholic beverages by individual under the age of 21 years");

  (6) Sec. 6-310 ("Providing free food");

  (7) Sec. 6-311 ("Restrictions on purchases and sales by retail dealer");

  (8) Sec. 6-312 ("Beverage misrepresentation");

  (9) Sec. 6-313 ("Tampering with alcoholic beverage container");

  (10) Sec. 6-314 ("Sale of alcoholic beverage container with detachable metal tab");

  (11) Sec. 6-315 ("Alcoholic beverage in container without regular label presumed illicit");

  (12) Sec. 6-316 ("Maximum alcohol content");

  (13) Sec. 6-317 ("Multiple serving purchase required");

  (14) Sec. 6-320 ("Disorderly intoxication");

  (15) Sec. 6-321 ("Consumption of alcoholic beverages in public");

  (16) Sec. 6-323 ("Possession or use of Alcohol Without Liquid machine");

  (17) Sec. 6-326 ("Sale of alcoholic beverages in powder or crystalline form prohibited");

  (18) Sec. 6-327 ("Unlicensed out-of-state sale of alcoholic beverages");

  (19) Sec. 6-328 ("Tax evasion");

  (20) Sec. 6-329 ("Destruction of evidence"); and

  (21) Sec. 6-330 ("Perjury").

(b) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county:

  (1) Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder"), subject to Sec. 16-2702 of this subtitle;

  (2) Sec. 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder"), subject to Sec. 16-2702 of this subtitle; and

  (3) Sec. 6-322 ("Possession of open container"), subject to Sec. 16-2703 of this subtitle.

#### Section 16-2702

Sections 6-308 and 6-319 of this article do not apply to:

(1) a holder of a temporary license; or

(2) an individual consuming alcoholic beverages on the licensed premises of a holder of a temporary license.

#### Section 16-2703

(a) An individual may possess an alcoholic beverage in an open container on private property described under Sec. 6-322(a)(1) of this article only if the individual possesses and presents the written consent of the owner of the property.

(b) In addition to the prohibitions listed in Sec. 6-321 of this article, an individual may not possess in an open container an alcoholic beverage while on a motorcycle located in the places listed in Sec. 6-321 of this article, unless the individual possesses and presents the written consent of the owner of the property.

#### Section 16-2704

(a) In this section, "knowingly" means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual.

(b) A license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to a habitual drunkard.

(c) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to:

  (1) for a first offense, a fine not exceeding $50; and

  (2) for each subsequent offense, imprisonment not exceeding 30 days or a fine not exceeding $100 or both.

### Subtitle 28. Penalties

#### Section 16-2801

Section 6-402 ("General penalty") of Division I of this article applies in the county.

#### Section 16-2802

The Board may impose a fine not exceeding $2,000 or suspend a license or both for a violation that is a cause for license suspension.

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Md. Code Ann., Alco. Bev. (as displayed at mgaleg.maryland.gov, October 16, 2026)