Title 2. State-Issued Permits and Licenses — Subtitle 1. State Permits

the procedure for issuing permits;

the purchase of alcoholic beverages; and

the exercise of the privileges granted under each type of permit.

the applicant;

the business to be operated; and

the statements presented in the permit application.

the applicant:

there are other reasons that the permit should not be issued.

whose alcoholic beverage license has expired or otherwise been discontinued; and

who applies for a permit within 60 days after the last day on which the license was effective.

The permit authorizes the holder, with or without consideration, to transfer to a license holder the alcoholic beverages stock on hand on the day of the transfer by sale, gift, inheritance, assignment, or otherwise.

The transfer of the alcoholic beverages stock to the license holder shall be completed in the period covered by the permit.

The permit:

If the permit holder shows an undue burden, the Executive Director may grant a reasonable extension of the permit.

is $5; and

covers only a specific transaction.

The Executive Director shall provide a means of identification for each vehicle authorized under the permit.

The identification shall be kept in or on the vehicle at all times when the vehicle transports alcoholic beverages.

The permit fee is $10.

The fee for the vehicle identification required under subsection (c) of this section is $10 for each vehicle.

a holder of a wholesaler’s license;

a holder of a manufacturer’s license; or

a person outside the State.

the invoice for the shipment originates from the out–of–state permit address of the permit holder; and

the holder:

Each month the permit holder shall file a report of its storage and shipping activities with the Executive Director.

The report shall be filed in the manner and on the form that the Executive Director provides.

is at least 21 years old;

is a resident of the State;

files with the Executive Director an inventory of all alcoholic beverages to be sold; and

certifies that all alcoholic beverages to be sold:

be made by:

take place on:

be made to:

A permit expires 60 days after it is issued.

A person may not be issued more than two permits in a calendar year.

is $25; and

covers the sale of a specific inventory of alcoholic beverages.

The permit authorizes the holder to operate a warehouse to:

The permit holder may use the permit for storage or transportation.

The Executive Director shall provide a means of identification for each vehicle authorized under the permit.

The identification shall be kept in or on the vehicle at all times when the vehicle transports alcoholic beverages.

The permit fee is $200.

The fee for the vehicle identification required under subsection (c) of this section is $10 for each vehicle.

The Executive Director shall provide a means of identification for each vehicle authorized under the permit.

The identification shall be kept in or on the vehicle at all times when the vehicle transports alcoholic beverages.

The permit fee is $75.

The fee for the vehicle identification required under subsection (c) of this section is $10 for each vehicle.

The permit authorizes the holder to import alcoholic beverages into the State for storage in public warehouses for subsequent shipment outside the State.

The permit holder may not import alcoholic beverages into the State for sale, consignment, or delivery to a person in the State.

not for sale, consignment, or delivery to a person in the State;

stored in a warehouse subject to a public bond; and

subject to a customs bond.

a bottler, brewer, distiller, manufacturer, rectifier, vintner, or winery;

a sales agent of a person described in item (1) of this subsection, on presentation of proof of the sales agency relationship to the Executive Director;

an importer of beer, wine, or distilled spirits produced outside the United States that purchases directly from the brand owner or from a sales agent of a person described in item (1) of this subsection that:

an American sales agent of an importer described in item (3) of this subsection, on presentation of proof of the sales agency relationship to the Executive Director.

is a holder of a wholesaler’s license or retail license;

has an interest in a wholesaler licensed under this article; or

has an interest in any retail license holder.

bottles, distills, imports, manufactures, produces, or rectifies from outside the United States; or

represents as the designated sales agent.

to a person in the State who may receive the beer under this article; and

until the person who is the brewer or importer of that brand of beer or the person’s designated sales agent preempts the sales territory by appointing a franchise license holder in accordance with the Beer Franchise Fair Dealing Act under Title 5, Subtitle 1 of this article.

Subject to paragraph (2) of this subsection, the Executive Director may issue the permit to:

An individual applicant, an applicant qualifying as a resident applicant for a corporation, or each applicant for a partnership is not eligible for the permit unless the individual is a resident of the State at the time the application is filed and remains a resident for the duration of time the permit is in effect.

is a holder of a wholesaler’s license or retail license;

has an interest in a wholesaler licensed under this article; or

has an interest in any retail license holder.

a holder of a wholesaler’s license; or

a person outside the State that the Executive Director authorizes to acquire the alcoholic beverages.

The permit holder:

The prohibition under paragraph (1)(ii) of this subsection does not apply if the account is for a State wholesaler or manufacturer that is a distributor for the products of the employer of the permit holder.

Class 1 distillery license;

Class 3 winery license;

Class 4 limited winery license;

Class 5 brewery license;

Class 7 micro–brewery license;

Class 8 farm brewery license; or

Class 9 limited distillery license.

During an event listed in subsection (e) of this section, the permit holder may:

The holder of a Class 5 brewery license, a Class 7 micro–brewery license, or a Class 8 farm brewery license may sell to each consumer at an approved off–site permitted event under the permit up to 288 ounces of beer for off–premises consumption.

at the following events:

for not more than 32 additional events in 1 year that have an activity:

a manufacturer off–site permit; and

a retail off–site permit.

The permit authorizes the permit holder to:

The permit holder shall provide space at a nonprofit beer, wine, and liquor festival for holders of off–site permits.

A holder of an off–site permit that attends a nonprofit beer, wine, and liquor festival may provide beer, wine, and liquor to a consumer in the same manner as the holder of the nonprofit beer, wine, and liquor festival permit.

The permit holder may provide or sell at the nonprofit beer, wine, and liquor festival only alcoholic beverages provided by the permit holder or a holder of an off–site permit that is in attendance.

Not less than 30 days before the nonprofit beer, wine, and liquor festival, a person shall submit an application to the Executive Director.

The application shall:

$100, to promote a single product category;

$150, to promote two product categories; and

$200, to promote three product categories.

is licensed outside the State to engage in the manufacture of beer;

produces in the aggregate from all of its locations not more than 22,500 barrels of beer annually; and

does not hold a nonresident dealer’s permit.

The permit authorizes the permit holder to sell and deliver not more than 3,000 barrels of the permit holder’s own beer annually from a location outside the State to a retail license holder or permit holder in the State authorized to acquire the beer.

The permit holder shall comply with all the requirements of this article, the Tax – General Article, and the regulations of the Comptroller or Executive Director that apply to a holder of a Class 7 limited beer wholesaler’s license.

is licensed outside the State to engage in the manufacture of liquor;

produces in the aggregate from all of its locations not more than 100,000 gallons of liquor annually; and

does not hold a nonresident dealer’s permit.

The permit authorizes the permit holder to sell and deliver the permit holder’s own liquor from a location outside the State to a retail license holder or permit holder in the State authorized to acquire the liquor.

The permit holder shall comply with all the requirements of this article, the Tax – General Article, and the regulations of the Comptroller or Executive Director that apply to a holder of a Class 8 limited liquor wholesaler’s license.

is licensed outside the State to engage in the manufacture of wine;

produces not more than 27,500 gallons of its own wine annually; and

does not hold a nonresident dealer’s permit under § 2–124 of this subtitle.

this article;

the Tax – General Article; and

the regulations of the Comptroller or the Executive Director.

The Executive Director may issue the permit to a holder of a license issued by a local licensing board:

The holder of a permit shall notify the local licensing board of the jurisdiction in which the off–site event will be held that the permit has been issued.

A permit may be used only:

A permit authorizes the holder to:

In this section, “charitable organization” means an organization that:

“Charitable organization” includes an office, a branch, a chapter, or a similar affiliated entity that has its principal place of business outside the State.

“Charitable organization” does not include:

an unlicensed premises; or

a Class B, Class C, or Class B–D–7 licensed premises.

A charitable organization may be issued not more than one permit during a calendar year.

A permit allows the holder to conduct one auction of wine during a calendar year.

Subject to paragraph (2) of this subsection, the permit holder may receive wine for the auction from:

The permit holder may receive commercially produced wine that is not authorized for distribution and sale in the State from:

Wine that the permit holder receives from the following sources is subject to State tax under § 5–102 of the Tax – General Article:

Taxes are presumed to have been paid on wine that the permit holder receives from the following sources:

Within 30 days after the auction ends, the permit holder shall:

The report shall:

Wine purchased at a charity wine auction shall be delivered to the purchaser:

Wine delivered under this subsection is subject to applicable sales taxes.

The permit authorizes the holder to establish a facility to produce family beer or wine by a consumer who:

The permit authorizes the holder to provide equipment, raw materials, and instructions to a consumer.

Except as provided in paragraph (4) of this subsection, the permit holder may not engage in the production or manufacture of beer or wine.

A permit authorizes the holder to engage in the production or manufacture of beer or wine for:

shall be removed from the premises by the consumer; and

may be used only for home consumption and the personal use of the consumer.

The permit authorizes the holder to conduct an alcohol exhibition and competition at which the permit holder may exhibit, judge, and taste beer, wine, and liquor acquired in accordance with this section at the place designated in the permit application.

The permit authorizes the holder to receive for use, exhibition, and tastings at an exhibition:

The permit holder may not sell beer, wine, and liquor at the exhibition and competition.

Notwithstanding § 6–319 of this article, the permit holder may allow a person to possess and consume beer, wine, and liquor on the premises governed by the permit as provided in this section.

an unlicensed premises; or

a licensed premises.

manufacturer;

nonresident dealer;

supplier;

wholesaler; and

representative of any of the persons listed in items (1) through (4) of this subsection.

Within 30 days after the exhibition ends, the permit holder shall:

The Comptroller may require the permit holder to prepay an amount sufficient to cover the anticipated tax rather than post a bond.

provide samples of not more than 6 fluid ounces per brand to consumers;

sell products manufactured by the license holder and other Maryland breweries to persons who participate in the event; and

in a segregated area approved by the Executive Director at the location listed on the license, store the products of other Maryland breweries.

“Common carrier” means a business entity that:

“Common carrier” does not include a business entity that transports only property the business entity owns or that is consigned to the business entity.

a person licensed outside the State to engage in the manufacture of wine; or

a holder of a Class 3 manufacturer’s license or a Class 4 manufacturer’s license.

To qualify for a direct wine delivery permit, an applicant shall be:

The holder of a direct wine delivery permit issued under this subsection may sell and deliver the permit holder’s own product to an individual in the State if:

submit to the Executive Director a completed application on a form that the Executive Director provides;

provide to the Executive Director a copy of the applicant’s current manufacturer’s license;

identify the wines manufactured by the applicant that the applicant intends to ship or deliver to a consumer in the State; and

pay a fee of $200 for initial issuance of the direct wine shipper’s permit or the direct wine delivery permit.

ensure that all containers of wine shipped directly to a consumer in the State are conspicuously labeled with:

report to the Comptroller and the Executive Director information about the direct wine shipper’s wine shipments, in a manner that the Comptroller and the Executive Director determine;

file a quarterly tax return in accordance with § 5–201(d) of the Tax – General Article;

pay quarterly to the Comptroller all sales taxes and excise taxes due on sales to consumers in the State and calculate the taxes as if the sale were made in the State;

maintain for 3 years complete and accurate records of all information needed to verify compliance with this part;

allow the Comptroller and the Executive Director to perform an audit of the direct wine shipper’s records on request; and

consent to the jurisdiction of the Comptroller, the Executive Director, or other State unit and the State courts concerning enforcement of this section and any related law.

ship more than 18 9–liter cases of wine each year to a single delivery address; or

cause wine to be delivered on Sunday to an address in the State.

ensure that any container containing wine delivered directly to a consumer in the State is:

report to the Executive Director information about the deliveries, in a manner that the Executive Director determines;

file a quarterly tax return in accordance with § 5–201(d) of the Tax – General Article;

pay quarterly to the Comptroller all sales taxes and excise taxes due on sales to consumers in the State;

maintain for 3 years complete and accurate records of all information needed to verify compliance with this part; and

allow the Comptroller or the Executive Director to perform an audit of the permit holder’s records on request.

is otherwise entitled to have a direct wine shipper’s permit;

provides to the Executive Director a copy of its current permit;

identifies the wines manufactured by the direct wine shipper that the direct wine shipper intends to ship into the State; and

pays to the Executive Director a renewal fee of $200.

file a tax return required under this part;

pay a fee or tax when due; or

after receiving notice, comply with this article or a regulation that the Comptroller or Executive Director adopts.

is otherwise entitled to hold a direct wine delivery permit;

provides to the Executive Director and the Comptroller a copy of its current permit; and

pays the Executive Director a renewal fee of $200.

file a tax return required under this part;

pay a fee or tax when due; or

after receiving notice, comply with this article or a regulation that the Executive Director adopts under this article.

the signature of the consumer or another individual at the address who is at least 21 years old; and

government–issued photographic identification showing that the signing individual is at least 21 years old.

the date of each delivery of wine in the State; and

the name and address of the direct wine shipper and the receiving consumer of each delivery.

use in compounding or manufacturing flavoring extracts;

medicinal, antiseptic, or toilet preparations or for other similar purposes;

scientific or laboratory purposes;

flavoring food products; or

sale by pharmacists on the written prescription of a qualified physician.

alcoholic beverages for beverage purposes; or

any other product that is:

Except as provided in paragraph (2) of this subsection, the fee for the issuance or renewal of the permit is $50.

The Executive Director shall issue the permit without the payment of a fee to:

To qualify for a direct beer delivery permit, an applicant shall be:

The holder of a direct beer delivery permit issued under § 2–170 of this subtitle may sell and deliver the permit holder’s own product to an individual in the State if:

To qualify for a direct liquor delivery permit, an applicant shall be:

The holder of a direct liquor delivery permit issued under § 2–170 of this subtitle may sell and deliver the permit holder’s own product to an individual in the State if:

submit to the Executive Director a completed application on a form that the Executive Director provides;

provide to the Executive Director a copy of the applicant’s current manufacturer’s license;

identify the product manufactured by the applicant that the applicant intends to deliver to a consumer in the State; and

pay a fee of $200 for initial issuance of the permit.

a direct beer delivery permit; or

a direct liquor delivery permit.

ensure that any container containing an alcoholic beverage delivered directly to a consumer in the State is:

report to the Executive Director information about the deliveries, in a manner that the Executive Director determines;

file a quarterly tax return in accordance with § 5–201(d) of the Tax – General Article;

pay quarterly to the Comptroller all sales taxes and excise taxes due on sales to consumers in the State and calculate the taxes as if the sales were made in the State;

maintain for 3 years complete and accurate records of all information needed to verify compliance with this part;

allow the Comptroller or the Executive Director to perform an audit of the permit holder’s records on request; and

consent to the jurisdiction of the Executive Director, Comptroller, or other State unit and the State courts concerning enforcement of this part and any related law.

The holder of a direct beer delivery permit may not cause more than 3,456 ounces of the permit holder’s own product to be delivered to a single delivery address in a single calendar year.

The holder of a direct liquor delivery permit may not cause more than 24 standard 750–milliliter bottles of the permit holder’s own product, or an equivalent amount, to be delivered to a single delivery address in a single calendar year.

is otherwise entitled to hold a permit under this part;

provides to the Executive Director and the Comptroller a copy of its current permit; and

pays the Executive Director a renewal fee of $200.

file a tax return required under this subtitle;

pay a fee or tax when due; or

after receiving notice, comply with this article or a regulation that the Executive Director adopts under this article.