# Alcoholic Beverages and Cannabis (GAB)

## Title 17. Cecil County

### Subtitle 1. Definitions; General Provisions

#### Section 17-101

(a) In this title:

  (1) except as provided in subsections (d) and (e) of this section, 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 Cecil County.

(c) "County" means Cecil County.

(d) The requirements relating to average daily receipts for a hotel under Sec. 1-101 of this article are not applicable to a license issued in the county.

(e) The requirements relating to average daily receipts for a restaurant under Sec. 1-101 of this article are not applicable to a license issued in the county.

#### Section 17-102

This title applies only in Cecil County.

#### Section 17-103

A copy of any legislation concerning alcoholic beverages enacted by the county governing body 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 17-201

There is a Board of License Commissioners for Cecil County.

#### Section 17-202

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

(b) Each member of the Board shall be of high moral character and possess a sound reputation for integrity.

(c)

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

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

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

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

#### Section 17-203

From among its members, the Board shall designate a chair.

#### Section 17-204

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

(b)

  (1)

    (i) The chair of the Board shall receive an annual salary of $3,000.

    (ii) Each other member of the Board shall receive an annual salary of $2,500.

  (2)

    (i) The chair and each other member of the Board shall be reimbursed for expenses in accordance with the Standard State Travel Regulations.

    (ii) The expenses shall be paid by the county.

(c) Subject to Sec. 17-205 of this subtitle, 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 17-205

(a)

  (1) The Board may employ one full-time inspector and as many part-time inspectors as the Board considers necessary.

  (2) The employment of the inspectors is subject to the County Personnel Policy and Procedure Manual.

(b) An individual may not accept appointment or continue as an inspector if the individual or a member of the individual's immediate family has a personal or financial interest directly or indirectly in a license or in a premises licensed under this article.

(c) An inspector:

  (1) has all the powers of a peace officer or sheriff in the State arising out of or relating to the enforcement of this article; and

  (2) may serve a summons under Sec. 17-2603 of this title.

(d) An inspector shall:

  (1) investigate all applicants for a license or transfer of a license;

  (2) visit and inspect at unannounced times every licensed premises in the county at least once every 90 days;

  (3) enforce all alcoholic beverages laws;

  (4) investigate all violations of the alcoholic beverages laws and report them to the Board; and

  (5) submit monthly reports in writing to the Board of the inspector's activities, setting forth complaints and listing violations that the inspector observed or were reported to the inspector.

(e) An inspector shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

(f) The salaries and travel expenses of the inspectors shall be established by the County Commissioners using county personnel department regulations and guidelines.

#### Section 17-206

The Board may adopt regulations to carry out this article.

### Subtitle 3. Liquor Control

#### Section 17-301

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

### Subtitle 4. Manufacturer's Licenses

#### Section 17-401

(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. 2-202 ("Class 1 distillery license");

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

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

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

  (6) Sec. 2-206 ("Class 4 limited winery license");

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

  (8) Sec. 2-208 ("Class 6 pub-brewery license");

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

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

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

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

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

  (14) Sec. 2-215 ("Beer sale on credit to retail dealer prohibited");

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

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

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

(b) Section 2-209 ("Class 7 micro-brewery license") applies in the county, subject to Sec. 17-403 of this subtitle.

#### Section 17-402

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 17-403

(a) A Class 7 micro-brewery license may be issued to the holder of:

  (1) a Class B beer, wine, and liquor (on-sale) license, for use on the premises of the restaurant for which the Class B license was issued; or

  (2) a Class D beer, wine, and liquor license, for use on the premises for which the Class D license was issued.

(b) The hours and days of sale for the Class 7 micro-brewery license are those established for a Class D license.

(c) For the holder of a Class D beer, wine, and liquor license that also holds a Class 7 micro-brewery license, the Board may determine the required ratio of gross receipts from the sale of food to the gross receipts from the sale of alcoholic beverages.

### Subtitle 5. Wholesaler's Licenses

#### Section 17-501

Title 2, Subtitle 3 ("Wholesaler's Licenses") of Division I of this article applies in the county without exception or variation.

#### Section 17-502

Except as provided in Sec. 17-503 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 17-503

(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 17-601

(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 was sold.

(c) The annual license fee is $60.

#### Section 17-602

(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 $75.

#### Section 17-603

(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 $75.

#### Section 17-604

(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 at the place described in the license for on- and off-premises consumption.

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

(c) The annual license fee is $200.

### Subtitle 7. Wine Licenses

#### Section 17-701

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

(b)

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

  (2) A holder of a Class 4 limited winery license that applies for a Class A wine license is exempt from any quota established by the Board concerning the number of licenses in the election district where the winery is located.

(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 17-801

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

#### Section 17-802

(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 $75.

#### Section 17-803

(a) There is a Class B beer and wine 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 fee is $90.

#### Section 17-804

(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 $100.

#### Section 17-805

(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, for on- and off-premises consumption.

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

(d) The annual license fee is $225.

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

#### Section 17-901

(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 $750.

#### Section 17-902

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

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

(c) The annual license fee is $750.

#### Section 17-903

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

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

  (1) a capital investment of at least $450,000 for dining room facilities and kitchen equipment, not including the cost of land, buildings, or a lease; and

  (2) seating for at least 100 individuals.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days of sale as set out for a Class BLX beer, wine, and liquor license under Sec. 17-2006(c) of this title.

(e)

  (1) The annual license fee is $2,500.

  (2) There is no additional Sunday fee.

#### Section 17-904

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

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

  (1) has been incorporated for at least 2 years before the license application is made;

  (2) has at least 25 members paying dues of at least $50 per year per member;

  (3) maintains sleeping accommodations on the club premises for 25 club members or guests; and

  (4) has facilities for preparing and serving food on the club premises to members and guests.

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

(d) The annual license fee is $600.

#### Section 17-905

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

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

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

(d) The annual license fee is $750.

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

#### Section 17-1001

(a) There is a beer, wine, and liquor club or organization license.

(b)

  (1) The Board may issue a beer, wine, and liquor license for the use of a club or organization that:

    (i) owns real property in the county; and

    (ii)

      (1) if a yacht club, has at least 150 members, of which at least 50 members own yachts, boats, or other vessels; or

      (2) if a local veterans', fraternal, or sororal organization, is associated with a national organization.

  (2) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption.

(c) 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. 17-2006 of this title.

(d) The annual license fee is:

  (1) $2,000 for a for-profit club or organization; and

  (2) $500 for a nonprofit club or organization.

#### Section 17-1002

(a) There is a Class EF (entertainment facility) beer, wine, and liquor license.

(b)

  (1) The Board may issue a license to an applicant that has a capital investment of at least $35,000,000 in the entertainment facility for which the license is sought, not including real property.

  (2) The Board may issue one or more licenses for the same entertainment facility.

(c)

  (1) The license authorizes the license holder to sell beer, wine, and liquor:

    (i) by the drink and bottle;

    (ii) from one or more outlets in the entertainment facility; and

    (iii) for consumption anywhere within the entertainment facility.

  (2) The license authorizes the playing of music and dancing.

(d) The license holder may sell and serve beer, wine, and liquor in the entertainment facility during the days and hours that the entertainment facility is open for business.

(e) The annual license fee is $7,500.

#### Section 17-1003

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

(b) The Board may issue the license for use by an organization or country club that:

  (1) is public or private;

  (2) is operated for profit;

  (3) owns real estate in the county; and

  (4) has a regular or championship golf course with at least 18 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, including the clubhouse, that are used for golfing purposes.

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

  (3) A prohibition on the distance that licensed premises shall be from a structure used as a hospital, house of worship, or school does not apply to the license holder.

(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. 17-2006 of this title.

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

#### Section 17-1004

(a) There is a motel-restaurant complex or hotel-restaurant complex license.

(b) The Board may issue the license to a person owning or leasing a motel-restaurant complex or hotel-restaurant complex that has:

  (1) a capital investment of at least $1,000,000 in the buildings, not including the land; and

  (2) an enclosed dining room that serves full-course meals from menus at least twice daily.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under Sec. 17-2006 of this title.

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

### Subtitle 11. Additional License Privileges

#### Section 17-1101

(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. 17-1102 of this subtitle; and

  (2) Sec. 4-1106 ("Nonrefillable container permit -- Draft beer"), subject to Sec. 17-1103 of this subtitle.

#### Section 17-1102

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

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

(c) The hours of sale for the permit begin and end at the same time as those for the underlying license.

(d) Receipts collected under the permit are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under Sec. 17-2001 of this title.

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

(f) The annual permit fee is $50.

#### Section 17-1103

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

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

(c) The hours of sale for the permit begin and end at the same time as those for the underlying license.

(d) Receipts collected under the permit are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under Sec. 17-2001 of this title.

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

(f)

  (1) Except as provided in paragraph (2) of this subsection, the annual permit fee is $50.

  (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 17-1201

(a) There is a local caterer's license.

(b) The Board may issue the license to the holder of:

  (1) a Class B restaurant or hotel beer, wine, and liquor license; or

  (2) a Class B restaurant or hotel beer and wine license.

(c) The license authorizes a holder to:

  (1)

    (i) provide beer, wine, and liquor at an event that is held off the premises for which the holder's Class B restaurant or hotel beer, wine, and liquor license is issued; or

    (ii) provide beer and wine at an event that is held off the premises for which the holder's Class B restaurant or hotel beer and wine license is issued; and

  (2) exercise the privileges of the license only during the hours and on the days authorized for the holder's Class B license.

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

(e) The annual license fee is $100.

(f) This section does not require a holder of a Class B restaurant or hotel beer, wine, and liquor license or a Class B restaurant or hotel beer and wine license to obtain a local caterer's license for catering on the premises for which the Class B license is issued.

### Subtitle 13. Temporary Licenses

#### Section 17-1301

Title 4, Subtitle 12 ("Temporary Licenses") of Division I of this article applies in the county without exception or variation.

#### Section 17-1304

(a)

  (1) There is a wine festival (WF) license.

  (2) The Board may issue not more than three wine festival (WF) licenses.

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

(c) The license authorizes the holder to display and sell wine that is distributed 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 a wine festival.

(e) The Board:

  (1) may choose for each wine festival 1 weekend each year during June, July, August, or September that does not conflict with the Anne Arundel County Beer and Wine Festival, the Cumberland and Shenandoah Valley Wine Festival, or the Maryland Wine Festival in Carroll County;

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

  (3) shall ensure that the primary focus of each festival is the promotion of Maryland wine.

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

(g) The license fee is $20.

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

#### Section 17-1305

(a) There is a wine tasting (Class T) license.

(b) The license authorizes the holder to hold wine tasting parties and demonstrations.

(c) The license shall be:

  (1) issued on a form that the Board requires; and

  (2) signed and sworn to by the applicant.

(d)

  (1) The license issued may be issued to a person not more than four times in a calendar year.

  (2) The total number of days that the license is in effect may not exceed four in a calendar year.

(e) The license fee is $25 per day.

#### Section 17-1306

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

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

(c)

  (1) The license authorizes the holder to allow on-premises consumption of beer, wine, and liquor for tasting.

  (2) The license may be issued for a maximum of:

    (i) any 26 days in a licensing period;

    (ii) any 52 days in a licensing period; or

    (iii) an entire licensing period.

  (3) If a license holder is issued a license for any 26 days in a licensing period or any 52 days in a licensing period, the license holder shall notify the Board at least 7 days before exercising the privileges of the license.

(d) An individual may consume beer, wine, or liquor covered by the license in a quantity of not more than:

  (1) 1 ounce from each offering of beer or wine; and

  (2) one-half ounce from each offering of liquor.

(e) In addition to the cost of a Class A or Class B beer, wine, and liquor license, the license fee is:

  (1) $125 for a 26-day license;

  (2) $200 for a 52-day license; and

  (3) $400 for a 1-year license.

#### Section 17-1308

(a)

  (1) A simple majority of the total number of the members of the Board may act to approve or deny an application for a per diem license:

    (i) in a formal meeting, with a quorum present; or

    (ii) in accordance with paragraph (2) of this subsection, through oral or written contact by any method by the chair with each member of the Board.

  (2) The chair shall make a written record under paragraph (1)(ii) of this subsection of how each member and the chair voted.

(b) The Board may not require the publication of an application for a per diem license as a prerequisite to the issuing of the license.

#### Section 17-1309

(a) The Board may issue a per diem license of any class to a club for use at an entertainment event.

(b) An application shall be:

  (1) on a form that the Board requires; and

  (2) signed and sworn to by the applicant.

(c)

  (1) The total number of days for which the license may be used may not exceed four in a calendar year.

  (2) The license may not be issued to a club more than four times in a calendar year.

(d) The fee for a license is:

  (1) $10 per day for a per diem beer license or per diem beer and wine license; or

  (2) $20 per day for a per diem beer, wine, and liquor license.

#### Section 17-1310

(a) The Board may issue to a fire department a multiple event entertainment license of any class for use at an entertainment event held by the fire department.

(b) The license authorizes the holder to exercise any privilege conferred by the respective class of license.

(c) An application submitted under this section shall be:

  (1) on a form that the Board requires; and

  (2) signed by the applicant.

(d) The fee for the license is:

  (1) $120 per year for a beer or beer and wine license; or

  (2) $240 per year for a beer, wine, and liquor license.

(e)

  (1) The license may not be issued to a fire department more than once a year.

  (2) The number of days for which the license may be used may not exceed 24 per calendar year.

### Subtitle 14. Applications for Licenses

#### Section 17-1401

(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. 4-103 ("Application on behalf of partnership");

  (3) Sec. 4-104 ("Application on behalf of corporation or club");

  (4) Sec. 4-105 ("Application on behalf of limited liability company");

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

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

  (7) Sec. 4-109 ("Required information on application -- In general");

  (8) Sec. 4-110 ("Required information on application -- Petition of support");

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

  (10) Sec. 4-112 ("Disposition of license fees");

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

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

(b) Section 4-107 ("Criminal history records check") of Division I of this article applies in the county, subject to Sec.Sec. 17-1402 through 17-1406 of this subtitle.

#### Section 17-1402

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

#### Section 17-1403

The Board shall keep all criminal history record information in a sealed envelope available only to the members of the Board and their clerks.

#### Section 17-1404

The hearing for a new applicant and the issuance of a license may not be delayed due to the failure of the Federal Bureau of Investigation to provide the requested criminal history record information by the date of the scheduled hearing.

#### Section 17-1405

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

#### Section 17-1406

The Board may set and charge a fee to cover the cost of obtaining the applicant's fingerprints and the results of the State and national criminal history records check.

### Subtitle 15. Issuance or Denial of Licenses

#### Section 17-1501

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

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

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

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

  (6) Sec.?4-209?("Hearing");

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

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

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

  (10) 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 Sec. 17-1503 of this subtitle and Subtitle 13, Part III of this title;

  (2) Sec.?4-204?("Prohibition against issuing multiple licenses for same premises"), subject to Sec. 17-1503 of this subtitle; and

  (3) Sec.?4-210?("Approval or denial of license application"), in addition to Sec. 17-1504 of this subtitle.

#### Section 17-1502

(a) A license holder may apply to the Board to exchange the holder's current license for a license of any other class or type.

(b) The Board shall give a license holder, including a holder of a beer or beer and wine license, who applies for a license exchange under this section the same consideration that the Board gives to any other applicant for a license, including a beer, wine, and liquor license.

(c) Before deciding whether to approve an application for a license exchange, the Board shall:

  (1) consider:

    (i) the general reputation and character of the applicant;

    (ii) the manner in which the applicant conducts and operates the business being licensed; and

    (iii) the public necessity for the license for which the application is made; and

  (2) require:

    (i) an inspection of the premises for which the application is made; and

    (ii) the premises to comply with all applicable regulations of the Board.

(d)

  (1) There is a $1,000 fee to exchange:

    (i) any class of beer license for any other class of beer license;

    (ii) any class of beer and wine license for any other class of beer and wine license; or

    (iii) any class of beer, wine, and liquor license for any other class of beer, wine, and liquor license.

  (2) There is a $2,000 fee to exchange:

    (i) any class of beer license or beer and wine license for the same class of beer, wine, and liquor license; or

    (ii) any class of beer license for any other class of beer and wine license.

  (3) There is a $3,000 fee to exchange any class of beer license or beer and wine license for any other class of beer, wine, and liquor license.

  (4) The exchange fees required under paragraphs (1), (2), and (3) of this subsection are in addition to the regular annual license fees.

#### Section 17-1503

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if:

(1) the licenses are Class D beer or Class D beer and wine licenses; and

(2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.

#### Section 17-1504

(a) The fees for the issuance of a new license are:

  (1) $1,000 for any class of beer license;

  (2) $2,000 for any class of beer and wine license; and

  (3) $3,000 for any class of beer, wine, and liquor license.

(b) The fees required under subsection (a) of this section are in addition to the regular annual fee required under this title.

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

#### Section 17-1601

(a)

  (1) Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, the Board may not issue a number of Class A licenses that, in the aggregate, exceeds 1 for every 2,000 registered voters or major fraction in the county, as determined by the current registration of voters.

  (2) The Board may issue not fewer than 2 Class A licenses in each election district of the county.

  (3) No other class of license may be counted in the computation of the aggregate number of licenses.

(b) The quota shall be computed and applied separately for each election district of the county.

#### Section 17-1602

The Board may not issue any license with an off-sale privilege for use in a business that is intended to be operated as a drive-through sales facility at which alcoholic beverages are:

(1) sold at retail; and

(2) dispensed through a window or door to a purchaser in or on a motor vehicle for off-premises consumption.

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

#### Section 17-1701

(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.?4-305?("Filing fee and endorsement").

(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.Sec. 17-1702 and 17-1703 of this subtitle; and

  (2) Sec.?4-306?("Substitution of names of officers on license"), subject to Sec. 17-1704 of this subtitle.

#### Section 17-1702

The Board may not transfer an off-sale license for use in a business that is intended to be operated as a drive-through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off-premises consumption.

#### Section 17-1703

(a) On approval by the Board, a holder of a license may transfer the license to other premises in the same election district if the premises for which the license was issued is:

  (1) substantially destroyed by fire, explosion, or catastrophe;

  (2) taken by condemnation; or

  (3) taken by the exercise of the power of eminent domain.

(b) If the license holder does not request a transfer of the license within 6 months after the date of loss, the license shall expire and be available to be issued to an applicant.

#### Section 17-1704

(a) If there is a change in an officer of a corporation or authorized person of a limited liability company, the corporation or limited liability company shall submit a written notice by certified mail to the Board within 30 days after installation of the new officer or authorized person.

(b) A written notice submitted to the Board in accordance with subsection (a) of this section shall be accompanied by:

  (1) a $5 fee; and

  (2) a sworn statement that includes:

    (i) the name and address of each new officer or authorized person;

    (ii) the office held by each new officer or authorized person; and

    (iii) the name and address of the previous officer or authorized person.

(c) After receiving a written notice provided in accordance with this section, the Board shall issue a revised license listing the current officers or authorized persons.

### Subtitle 18. Renewal of Licenses

#### Section 17-1801

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

#### Section 17-1802

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 17-1901

(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. 17-1902 of this subtitle; and

  (2) Sec. 4-505 ("Alcohol awareness program"), subject to Sec. 17-1903 of this subtitle.

#### Section 17-1902

A license holder may employ an individual at least 18 years old to sell, serve, deliver, or otherwise deal with alcoholic beverages.

#### Section 17-1903

(a) A license holder shall ensure that:

  (1) each employee in a supervisory capacity and each bartender be certified by an approved alcohol awareness program; and

  (2) at least one certified individual be 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 a first offense, a $100 fine; and

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

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

#### Section 17-2001

In this subtitle, "restaurant" means a business establishment: 

(1) that is for the accommodation of the public;

(2) that has a proper and an adequate dining room and sufficient facilities for preparing and serving meals;

(3) that has been approved by the Board; and

(4) whose average of annual receipts from the sale of food comprises at least 25% of the average receipts of the business.

#### Section 17-2002

(a)

  (1) Unless otherwise provided in this title, an individual may not consume alcoholic beverages in a premises licensed under this title:

    (i) from 2 a.m. to 6 a.m. on Monday through Saturday; or

    (ii) from 2 a.m. to 8 a.m. on Sunday.

  (2) An owner, an operator, or a 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 17-2003

On Sunday, a license holder may not sell any alcoholic beverage on any licensed premises from 2 a.m. to 8 a.m.

#### Section 17-2004

(a)

  (1) A holder of a Class A beer license may sell beer:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) subject to paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) To sell beer on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(b)

  (1) A holder of a Class B beer license may sell beer:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) To sell beer on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

  (3) Sales of beer for on-premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.

  (4) The license holder may not sell beer at a bar or counter on Sunday.

(c)

  (1) A holder of a Class C beer license may sell beer for on-premises consumption:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) except as provided in paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) The license holder may not sell beer at a bar or counter on Sunday.

(d)

  (1) A holder of a Class D beer license may sell beer:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) subject to paragraphs (2) and (3) of this subsection, on Sunday from 1 p.m. to 10 p.m.

  (2) To sell beer on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

  (3) Sales of beer for on-premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.

#### Section 17-2005

(a)

  (1) A holder of a Class A beer and wine license may sell beer and wine:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) on Sunday, subject to paragraph (2) of this subsection, from 8 a.m. to 2 a.m. the following day.

  (2) To sell beer and wine on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(b)

  (1) A holder of a Class B beer and wine license may sell beer and wine:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) To sell beer and wine on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

  (3) Sales of beer and wine for on-premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.

  (4) The license holder may not sell beer or wine at a bar or counter on Sunday.

(c)

  (1) A holder of a Class C beer and wine license may sell beer and wine for on-premises consumption:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) except as provided in paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) The license holder may not sell beer or wine at a bar or counter on Sunday.

(d)

  (1) A holder of a Class D beer and wine license may sell beer and wine:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) subject to paragraph (2) of this subsection, on Sunday from 1 p.m. to 2 a.m. the following day.

  (2) To sell beer and wine on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

#### Section 17-2006

(a)

  (1) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) on Sunday, subject to paragraph (2) of this subsection, from 8 a.m. to 2 a.m. the following day.

  (2) To sell beer, wine, and liquor on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

(b)

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

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) except as provided in paragraph (4) of this subsection and subject to paragraphs (2) and (3) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) To sell beer, wine, and liquor on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

  (3) Sales of beer, wine, and liquor for on-premises consumption may be conducted on Sunday under paragraph (1)(ii) of this subsection only by a licensed restaurant.

  (4) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

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

  (1) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

  (2) on Sunday from 8 a.m. to 2 a.m. the following day, for on-premises consumption.

(d)

  (1) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor for on-premises consumption:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) except as provided in paragraph (2) of this subsection, on Sunday from 8 a.m. to 2 a.m. the following day.

  (2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

(e)

  (1) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor:

    (i) on Monday through Saturday from 6 a.m. to 2 a.m. the following day; and

    (ii) subject to paragraph (2) of this subsection, on Sunday from 1 p.m. to 2 a.m. the following day.

  (2) To sell beer, wine, and liquor on Sunday under paragraph (1)(ii) of this subsection, the license holder shall pay an additional fee of $500.

#### Section 17-2007

(a) This subtitle does not restrict the sale or consumption of alcoholic beverages on a licensed premises:

  (1) on January 1, between midnight and 4 a.m.; or

  (2) on December 31, when that date falls on a Sunday, between 7 p.m. and 4 a.m. the following day.

(b) When January 1 falls on a Sunday, a person may not sell or consume alcoholic beverages on a licensed premises between 4 a.m. and the appropriate opening hour of sale specified in this subtitle.

#### Section 17-2008

A holder of a Class C beer, beer and wine, or beer, wine, and liquor license may allow the consumption of the alcoholic beverages authorized by the license on Sunday, from 8 a.m. to 2 a.m. the following day.

### Subtitle 21. Revocation and Suspension of Licenses

#### Section 17-2101

(a) The following sections of Title 4, Subtitle 6 ("Revocation and Suspension of Local Licenses") of Division I of this article apply in the county without exception or variation:

  (1) Sec. 4-602 ("Power of local licensing board");

  (2) Sec. 4-603 ("Revocation and suspension procedures");

  (3) Sec. 4-604 ("Grounds for revocation or suspension"); and

  (4) Sec. 4-606 ("Effects of revocation").

(b) Section 4-605 ("Nudity and sexual displays") of Division I of this article applies in the county, subject to Sec. 17-2102 of this subtitle.

#### Section 17-2102

In addition to the revocation of license required under Sec. 4-605(a) of this article, if an activity listed in Sec. 4-605 is found to have occurred on the premises for which the license was issued, the license holder, or the employee, entertainer, or patron who performed the activity, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both. 

#### Section 17-2103

(a) A license shall be revoked if:

  (1) a licensed premises is not open for at least 30 consecutive days on which the license is authorized to be used during 1 year; or

  (2) no sale of alcoholic beverages is made during the 30-day period.

(b) If the license holder shows hardship before the revocation, the Board may allow the license holder an additional period not exceeding 1 year before revoking the license.

### Subtitle 22. Expiration of Licenses

#### Section 17-2201

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

#### Section 17-2202

In addition to the conditions stated in Title 4, Subtitle 7 of this article, a license expires in the county if a license holder:

(1) no longer uses the license;

(2) has the intention of terminating the business of the licensed premises; and

(3) has not timely filed:

  (i) an application for a transfer to another location or another person under Subtitle 17 of this title; or

  (ii) an application for a certificate of permission or a renewal license for continuation of business under Subtitle 18 of this title.

### Subtitle 23. Death of License Holder

#### Section 17-2301

Title 4, Subtitle 8 ("Death of License Holder") of Division I of this article applies in the county without exception or variation.

### Subtitle 24. Judicial Review

#### Section 17-2401

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

### Subtitle 25. Unlicensed Establishments

#### Section 17-2501

(a) A public club, room, or other unlicensed establishment, at a location under the control or possession of the establishment, may not:

  (1) sell or serve alcoholic beverages to a member or guest;

  (2) keep alcoholic beverages for a member or guest;

  (3) allow a customer to consume or to be served or given alcoholic beverages from the supplies that the customer has previously purchased or reserved; or

  (4) sell, serve, keep, or allow to be consumed setups or other component parts of mixed alcoholic drinks to a member or guest.

(b) A person that operates a business establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into the establishment.

(c) A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

#### Section 17-2502

(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 17-2601

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

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

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

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

  (7) Sec. 6-209 ("Adoption of standards for authorization of consumption").

(b) Section 6-210 ("State preemption of local disorderly intoxication laws") of Division I of this article does not apply in the county and is superseded by Sec. 17-2602 of this subtitle.

(c) The following sections of Title 6, Subtitle 2 ("Enforcement") of Division I of this article apply in the county:

  (1) Sec. 6-204 ("Power to summon witnesses"), in addition to Sec. 17-2603 of this subtitle; and

  (2) Sec. 6-211 ("Fines and forfeitures"), subject to Sec. 17-2605 of this subtitle.

#### Section 17-2602

The county may:

(1) adopt an ordinance or resolution supplementing the prohibition against disorderly intoxication under Sec. 6-320 of this article; and

(2) regulate possession or consumption of alcoholic beverages on public property, property used by the public, or a highway.

#### Section 17-2603

In addition to the sheriff who may serve a summons under Sec. 6-204 of this article, an inspector that the Board employs may serve a summons.

#### Section 17-2604

(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 17-2605

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

#### Section 17-2606

(a) To protect the public safety and peace when law enforcement officials are present in the county enforcing the laws of other states, an agent, an employee, or a representative of an alcoholic beverages licensing board of another state who enters the county to observe an alcoholic beverage sale:

  (1) shall register in person at least 30 days before entry into the county; and

  (2) when registering, shall provide:

    (i) a written statement setting forth the identity of the registrant;

    (ii) the purpose of the entry into the county;

    (iii) the make, model, and license number of each vehicle to be used for surveillance activity;

    (iv) the names of the premises where surveillance will be conducted; and

    (v) the specific time for surveillance of each establishment.

(b)

  (1) The Sheriff's office shall issue a certificate of registration to each registrant.

  (2) A registrant shall keep the certificate in the registrant's possession during all investigative activities.

(c)

  (1) An individual who fails to register as required by this section may not register for 6 months after being found in violation of this section.

  (2) The Board shall suspend the registration of a registrant who violates this section for 6 months.

(d) A person who violates this section when the person is prohibited from registering or when the person's certificate of registration is suspended is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

### Subtitle 27. Prohibited Acts

#### Section 17-2701

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

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

  (3) Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder");

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

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

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

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

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

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

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

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

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

  (13) Sec. 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder");

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

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

  (16) Sec. 6-322 ("Possession of open container");

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

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

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

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

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

  (22) 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. 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years"), subject to Sec. 17-2702 of this subtitle; and

  (2) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"), subject to Sec. 17-2703 of this subtitle.

#### Section 17-2702

(a) A license holder or an employee of a license holder who is charged with a violation of Sec. 6-304 of this article:

  (1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

  (2) may not be required to post bail pending trial in any court in the State.

(b) A license holder or an employee of a license holder may not be found guilty of a violation of Sec. 6-304 of this article if:

  (1) the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years; and

  (2) the individual was not a resident of the State.

(c) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of Sec. 6-304 of this article does not bar the Board from proceeding administratively against the license holder for the violation.

#### Section 17-2703

(a) A license holder or an employee of a license holder who is charged with a violation of Sec. 6-307 of this article:

  (1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

  (2) may not be required to post bail pending trial in any court in the State.

(b) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of Sec. 6-307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.

### Subtitle 28. Penalties

#### Section 17-2801

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

#### Section 17-2802

(a) The Board may impose a fine not exceeding $1,000 or suspend a license for a violation of this title.

(b) Fines collected under this section shall be paid into the general fund of the county.

(c) If a period of at least 5 years has elapsed since a violation of this title, a subsequent violation shall be considered a first offense.

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