# Alcoholic Beverages and Cannabis (GAB) ## Title 22. Harford County ### Subtitle 1. Definitions; General Provisions #### Section 22-101 (a) In this title: (1) except as provided in subsection (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 Harford County. (c) "County" means Harford County. (d) "Premises" includes all integral parts of the licensed premises, including any building, parking lot, terrace, and grounds. (e) The definition of "restaurant" under Sec. 1-101 of this article applies in the county, subject to Sec. 22-103 of this subtitle. #### Section 22-102 This title applies only in Harford County. #### Section 22-103 (a) To be considered a restaurant, an establishment shall meet the requirements of this section. (b) The Board and the County Department of Health shall approve the sanitary facilities, running hot and cold water, equipment for the proper cleaning of dishes and kitchenware, and adequate number of toilets in the establishment. (c) The establishment shall have one or more signs in front of the establishment that: (1) designate "restaurant" or food and beverages sold; and (2) do not advertise any other business. (d) The establishment shall have sufficient food on the premises at all times for the regular serving of meals. (e) An establishment that serves food and alcoholic beverages and has gross monthly receipts from the sale of food that average $1,500 or more may not be required to sell food in excess of one-half of the average monthly receipts from the sale of alcoholic beverages. #### Section 22-104 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 22-201 There is a Board of License Commissioners for Harford County. #### Section 22-202 (a) The County Executive shall appoint five members to the Board in accordance with this section. (b) (1) (i) At least 60 days before the expiration of a member's term, the County Executive shall submit the name of one nominee to the Harford County Delegation to the Maryland General Assembly, consisting of Harford County Senators and Delegates, for the advice and consent of the Delegation. (ii) The County Executive shall consider geographical representation in selecting nominees. (2) Within 7 working days after the Delegation receives the name of the nominee: (i) the Delegation shall approve or reject the nominee; or (ii) if the Delegation fails to act, the nominee shall be considered to have been approved. (3) If the Delegation rejects the nominee, the County Executive shall submit the name of a new nominee to the Delegation within 7 working days after the County Executive receives notice of the rejection. (4) The County Executive shall continue to submit names of nominees in accordance with paragraphs (2) and (3) of this subsection to the Delegation until a nominee is approved. (5) The County Executive shall submit the name of the approved nominee to the County Council for its advice and consent. (c) Each member of the Board: (1) shall be a resident, voter, and taxpayer of the county; (2) shall be an individual of high character and integrity and of recognized business capacity; and (3) notwithstanding any other provision of the Code or local law, shall be subject to Title 5, Subtitle 5, Part I, and Subtitles 6 and 7 of the General Provisions Article regarding financial disclosure, conflicts of interest, and lobbying activities. (d) (1) Each member of the Board shall provide a penalty bond to the county in an amount to be set by the County Executive and County Council on the condition that the member faithfully performs all of the duties of the office. (2) The Board shall pay the cost of the bonds. (e) (1) The term of a member is 3 years and begins on the first Monday in April. (2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016. (f) (1) To fill a vacancy other than one resulting from an expired term, the County Executive, as soon as practicable, shall submit the name of one nominee to the Harford County Delegation to the Maryland General Assembly, consisting of Harford County Senators and Delegates, for the advice and consent of the Delegation. (2) After the name of a nominee is submitted, the procedures under subsection (b)(2) through (5) of this section apply. (3) A member who is appointed after a term has begun serves only for the rest of the term. #### Section 22-203 From among its members, the Board shall elect a chair. #### Section 22-204 (a) (1) Subject to paragraph (2) of this subsection, the Board shall meet at least 50 times each year. (2) The chair may cancel a meeting for lack of an agenda. (b) (1) The chair of the Board shall receive annually $7,000 and any additional compensation that the County Council considers appropriate. (2) Each other member of the Board shall receive annually $6,000 and any additional compensation that the County Council considers appropriate. #### Section 22-205 (a) Before the beginning of each fiscal year, the Board shall submit an annual budget to the County Council and County Executive for review. (b) Except as provided under Sec. 22-206(b) of this subtitle, the budget is not subject to approval by the County Council or County Executive. #### Section 22-205.1 (a) At the end of each fiscal year, the Board shall submit a financial audit for review to: (1) the County Executive; and (2) the Harford County Delegation to the Maryland General Assembly, consisting of Harford County Senators and Delegates. (b) The financial audit is not subject to approval by the County Executive or the Harford County Delegation?to the Maryland General Assembly, consisting of Harford County Senators and Delegates. #### Section 22-206 (a) The Board may employ a secretary and clerical and other assistants as are necessary. (b) (1) The Board shall set the compensation of all employees of the Board, subject to the approval of the County Executive and County Council. (2) The Board shall require fidelity bonds of employees of the Board to protect the county. (3) The County Council shall review the adequacy of the fidelity bonds that the Board requires of the employees. (c) Notwithstanding any other law, an employee of the Board: (1) is subject to provisions regarding conflicts of interest and lobbying activities in Title 5, Subtitle 5, Part I, and Subtitle 7 of the General Provisions Article; but (2) may not be required to file the financial disclosure statement required by Sec. 5-601 of the General Provisions Article. (d) (1) The Board shall appoint a general manager. (2) The general manager serves under the control and supervision of the Board as the secretary-treasurer and chief business administrative officer of the Board. (3) An individual is not eligible to be the general manager while a member of the Board. (4) The general manager may be discharged only: (i) for cause involving dishonesty, incompetence, or immoral conduct; and (ii) after given an opportunity before the Board for a hearing. #### Section 22-207 (a) (1) Subject to paragraph (2) of this subsection, the Board shall employ one full-time chief inspector and as many other inspectors as the Board determines are required. (2) The Sheriff, a deputy sheriff, or a municipal peace officer in the county may not be appointed or serve as the chief inspector or as an inspector. (b) (1) When appointed, the chief inspector shall have had investigative experience as: (i) a police officer; (ii) an inspector for a governmental unit; or (iii) an investigator for a private agency. (2) With the approval of the Board, the chief inspector may contract with or hire an independent accounting firm to audit the books and accounts of any license holder. (3) (i) After appointment, the chief inspector may be discharged only for cause involving dishonesty, incompetence, or immoral conduct, subject to subparagraph (ii) of this paragraph. (ii) Before a chief inspector is discharged, the chief inspector shall be given a list of the charges against the chief inspector and an opportunity to reply to the charges in a public hearing in person or by counsel. (c) The Board may establish reasonable compensation for the chief inspector and any other inspector and, when warranted by their respective duties, change their compensation. (d) Inspectors may: (1) serve a summons under Sec. 22-2604 of this title; and (2) issue civil citations as provided in Sec. 22-2605 of this title. (e) This section does not relieve the peace officers specified in Sec. 6-205 of this article from the responsibility to enforce this article in the county. #### Section 22-208 (a) Except as provided in subsection (b) of this section, after deduction of a proportionate share of the expenses to administer and enforce this title, including the salaries of the members and employees of the Board, the Board shall pay the net proceeds of fees received from the issuance of licenses: (1) outside of Aberdeen, Bel Air, and Havre de Grace, to the Treasurer to be credited to the general fund of the county; and (2) in Aberdeen, Bel Air, and Havre de Grace, to the treasurers of the respective municipalities to pay the interest and redeem the principal of any bonded indebtedness of the municipality. (b) (1) In this subsection, "Reserve Account" means the Reserve Account of the Board. (2) There is a Reserve Account of the Board. (3) The purpose of the Reserve Account is to ensure that issuance and renewal of licenses, licensing enforcement, and other services that the Board provides will continue to be met in the face of unanticipated financial events or circumstances. (4) A designee of the Board shall administer the Reserve Account. (5) The Reserve Account is a special, nonlapsing account. (6) The Board shall hold the Reserve Account separately and account for the Reserve Account. (7) The Reserve Account consists of: (i) money distributed to the Board from license fees; (ii) fines imposed for a violation of this article in Harford County as provided in Sec. 22-2606 of this title; (iii) except for bonds forfeited under Sec. 22-2103 of this title, recognizances forfeited for a violation of this article in Harford County as provided in Sec. 22-2606 of this title; (iv) interest or other income earned from the investment of any portion of the Reserve Account; and (v) any other money from any other source accepted for the benefit of the Reserve Account. (8) Each year, the amount payable into the Reserve Account may not be more than 20% of the aggregate net proceeds received by the Board. (9) Expenditures from the Reserve Account may occur if the Board determines that appropriations for the current year exceed expected revenues. (10) The Reserve Account may not exceed $100,000 at any time. (c) The expenditure of license fees collected by the Board to administer and enforce county alcoholic beverages laws is a matter within the discretion of the Board and in accordance with this subtitle. #### Section 22-209 (a) The Board may adopt regulations to carry out this article. (b) (1) The Board shall hold public hearings on all proposed alterations of its regulations. (2) At least 2 consecutive weeks before the scheduled public hearings, the Board shall: (i) advertise the public hearings in at least one newspaper of general circulation published in the county; or (ii) post notice of the public hearings online. ### Subtitle 3. Liquor Control #### Section 22-301 There is no liquor control board or department of liquor control in the county. ### Subtitle 4. Manufacturer's Licenses #### Section 22-401 (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. 2-208 ("Class 6 pub-brewery license"); (8) Sec. 2-209 ("Class 7 micro-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 2-207 ("Class 5 brewery license") of Division I of this article applies in the county, subject to Sec. 22-403 of this subtitle. #### Section 22-402 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 22-403 (a) There is a Class DBR license. (b) (1) The license may be issued to a holder of a Class 5 brewery license. (2) The Board may issue a maximum number of two licenses to the same person. (c) (1) The license serves as the on-premises consumption permit and the license equivalent to a Class D license specified under Sec. 2-207(e)(1) of this article. (2) The license holder is not required to sell food, but is required to provide prepackaged snacks. (3) The license holder may sell beer brewed at the brewery for on-premises and off-premises consumption to the extent the license holder is allowed under the license holder's Class 5 brewery license. (d) The value of the equipment used on the premises may be used toward meeting any minimum capital investment requirement imposed on a holder of the license. (e) The hours of sale are as provided for a Class D beer, wine, and liquor license under Subtitle 20 of this title. (f) The annual license fee is $500. ### Subtitle 5. Wholesaler's Licenses #### Section 22-501 Title 2, Subtitle 3 ("Wholesaler's Licenses") of Division I of this article applies in the county without exception or variation. #### Section 22-502 Except as provided in Sec. 22-503 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 22-503 (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 22-601 A Class A beer license may not be issued in the county. #### Section 22-602 A Class B beer license may not be issued in the county. #### Section 22-603 A Class C beer license may not be issued in the county. #### Section 22-604 A Class D beer license may not be issued in the county. ### Subtitle 7. Wine Licenses #### Section 22-701 (a) There is a Class A wine license in the county. (b) The license may be issued to a holder of a Class 3 winery license or 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 that contains not more than 23% of alcohol by volume. (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 $100. ### Subtitle 8. Beer and Wine Licenses #### Section 22-801 The wine that may be sold under a beer and wine license may not contain more than 23% of alcohol by volume. #### Section 22-802 (a) There is: (1) a Class A beer and wine 6-day license; and (2) a Class A beer and wine 7-day license. (b) The Board may issue the license only to a proprietor of a retail store selling food, drugs, or other similar commodities. (c) (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: (i) shall sell the beer and wine in a sealed package or container; and (ii) may sell beer in individual bottles or cans and wine in split bottles. (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. (d) The annual license fees are: (1) $625 for a 6-day license; and (2) $850 for a 7-day license. #### Section 22-803 (a) There is: (1) a Class B-1 beer and wine 6-day license; and (2) a Class B-1 beer and wine 7-day license. (b) (1) The Board may issue the license for use by a restaurant. (2) Except as provided in paragraph (3) of this subsection, the license authorizes the license holder to sell beer and wine at a restaurant, at retail, at the place described in the license, for on-premises consumption. (3) (i) The holder of a license issued before July 1, 1984, may sell beer and wine for on- and off-premises consumption. (ii) The license holder may sell wine in split bottles. (iii) Beer sold in bottles or cans exceeding 12 ounces in weight or size for off-premises consumption may be sold in a quantity of less than six. (iv) If beer is sold in a containerized package, the package shall hold at least six bottles or containers. (c) (1) A Class B-1 temporary (on-sale) license may be issued to an applicant who seeks after 6 months to obtain a Class B beer, wine, and liquor license. (2) The Class B-1 license shall be revoked after the 6-month period has expired if the license holder has not met all requirements for a Class B beer, wine, and liquor license. (d) The license holder shall comply with the food sale requirements under Sec. 22-103 of this title only for the purpose of meeting the requirements of Sec. 22-902 of this title necessary to apply for a license. (e) The annual license fees are: (1) $350 for a 6-day license; and (2) $500 for a 7-day license. #### Section 22-804 (a) There is: (1) a Class B-2 beer and wine 6-day license; and (2) a Class B-2 beer and wine 7-day license. (b) (1) The Board may issue the license for use by a restaurant that: (i) was operating for 1 year before an application for the license was made; and (ii) is equipped and stocked for the continued regular sale of food to customers and guests, as determined by the Board. (2) The license holder need not meet the food sale requirements set forth in Sec. 22-103 of this title. (c) (1) Except as provided in paragraph (2) of this subsection, the license authorizes the license holder to sell beer and wine at a restaurant, at retail, at the place described in the license, for on-premises consumption. (2) (i) The holder of a license issued before July 1, 1984, may sell beer and wine for on- and off-premises consumption. (ii) The license holder may sell wine in split bottles. (iii) Beer sold in bottles or cans exceeding 12 ounces in weight or size for off-premises consumption may be sold in a quantity of less than six. (iv) If beer is sold in a containerized package, the package shall hold at least six bottles or containers. (d) The annual license fees are: (1) $500 for a 6-day license; and (2) $700 for a 7-day license. #### Section 22-805 (a) There is a Class B Cafe beer and wine license. (b) (1) The Board may issue the license for use by a cafe if: (i) the Board determines that the cafe has adequate tables, chairs, food, and facilities for preparing and serving meals; (ii) the average gross monthly receipts from the sale of cooked or prepared food served at the cafe and other items approved by the Board exceed 50% of the average monthly receipts from the sale of beer and wine sold for on-premises consumption; and (iii) not more than 10% of the total square footage of the cafe is dedicated to the public display of beer and wine that are offered for sale. (2) The Board shall set a maximum and a minimum seating capacity for the cafe. (3) The license: (i) authorizes the license holder to sell beer and wine 7 days a week at a cafe, at retail, at the place described in the license, for on- and off-premises consumption; (ii) has a wine tasting privilege for on-premises consumption for every day of the year; and (iii) may be used for off-premises catering. (c) The Board shall set the maximum number of cafe licenses that it may issue under this section. (d) The annual license fee is $1,575. #### Section 22-806 (a) There is: (1) a Class C-1 beer and wine 6-day license; and (2) a Class C-1 beer and wine 7-day license. (b) (1) The Board may issue the license for use by a nonprofit association or corporation that: (i) is organized for patriotic or war veterans purposes; and (ii) has held regular meetings at an established headquarters for 1 year before the application for the license was made. (2) The license authorizes the license holder to sell beer and wine to a member of a nonprofit association or corporation and guests of members, at retail, at the place described in the license, for on-premises consumption. (c) The annual license fees are: (1) $150 for a 6-day license; and (2) $225 for a 7-day license. #### Section 22-807 (a) There is: (1) a Class C-2 beer and wine 6-day license; and (2) a Class C-2 beer and wine 7-day license. (b) (1) The Board may issue the license for use by a nonprofit association or corporation that: (i) is organized for fraternal purposes; and (ii) has held regular meetings at an established headquarters for 1 year before the application for the license was made. (2) The license authorizes the license holder to sell beer and wine to a member of a nonprofit association or corporation and guests of members, at retail, at the place described in the license, for on-premises consumption. (c) The annual license fees are: (1) $350 for a 6-day license; and (2) $425 for a 7-day license. #### Section 22-808 (a) There is: (1) a Class C-3 beer and wine 6-day license; and (2) a Class C-3 beer and wine 7-day license. (b) (1) The Board may issue the license for use by a nonprofit association or corporation that: (i) is organized for athletic, educational, or social purposes; and (ii) has held regular meetings at an established headquarters for 1 year before the application for the license was made. (2) The license authorizes the license holder to sell beer and wine to a member of a nonprofit association or corporation and guests of members, at retail, at the place described in the license, for on-premises consumption. (c) The annual license fees are: (1) $450 for a 6-day license; and (2) $525 for a 7-day license. #### Section 22-809 (a) There is a Class CC (community college) beer and wine license. (b) The Board may issue the license to officers of a community college for use on enclosed parts of the community college campus that are: (1) owned by the community college; and (2) used and equipped by the community college to promote or host events, including artistic, cultural, or civic exhibits, meetings, festivals, shows, or other entertainment productions. (c) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license, for on-premises consumption to: (1) individuals who attend an event that is open to the public; and (2) members of a club, a society, or an association and their guests who attend an event that is held for that group. (d) (1) The license holder may not sell beer and wine on the community college campus at: (i) a student sporting event; or (ii) an event that is sponsored by students. (2) The license holder may sell beer and wine at events that are held on the community college campus for a maximum of 25 days per year. (e) After an event is over, the license holder may not allow alcoholic beverages to be consumed on the licensed premises from midnight to noon the following day. (f) A license holder may not allow an individual to carry alcoholic beverages onto or from the licensed premises, except a wholesaler of beer or wine who conducts business regarding an event for which a license has been issued under this section. (g) The annual license fee is $1,500. #### Section 22-810 A Class D beer and wine license may not be issued in the county. ### Subtitle 9. Beer, Wine, and Liquor Licenses #### Section 22-901 (a) There is: (1) a Class A-1 off-sale beer, wine, and liquor 7-day license; and (2) a Class A-2 off-sale beer, wine, and liquor 6-day license. (b) (1) A license under this section authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license. (2) The license holder: (i) shall sell the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises; but (ii) may sell wine in split bottles and beer in individual bottles and cans. (3) If the majority of the retail sales on the licensed premises are for items other than beer, wine, and liquor, the license holder shall provide a separate outside entrance for the use of beer, wine, and liquor customers. (4) If the business of the licensed premises consists predominantly of selling other types of retail items, such as drugs or groceries: (i) the beer, wine, and liquor shall be displayed and purchased in an area separate and distinct from that for the other retail items; and (ii) the Board may require a partition to separate the beer, wine, and liquor from the other types of retail items. (c) A license holder shall continually maintain a minimum stock of $8,000 wholesale value in beer, wine, and liquor. (d) A license under this section 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. (e) The annual license fees are: (1) $1,470 for a 7-day Class A-1 license; and (2) $980 for a 6-day Class A-2 license. #### Section 22-902 (a) There is: (1) a Class B beer, wine, and liquor 6-day license; and (2) a Class B beer, wine, and liquor 7-day license. (b) The Board may issue the license to a license holder for use by: (1) a hotel that: (i) accommodates the public and provides service ordinarily found in hotels; and (ii) has: (1) at least 25 rooms; (2) a lobby with a registration and mail desk; and (3) a dining room that serves full-course meals at least twice daily; or (2) a restaurant that: (i) serves full-course meals at least twice daily on each day it is open; (ii) has regular seating at tables, not including seats at bars or counters, for at least 60 individuals; and (iii) has had a greater daily average in receipts from food sales than from beer, wine, and liquor sales during the 6 months immediately before the application for the license was made. (c) (1) The license authorizes the license holder to sell beer, wine, and liquor, including at a bar or counter in a hotel, at retail at the place described in the license, for on-premises consumption. (2) A holder of a license issued before July 1, 1984, also may sell: (i) beer and wine for off-premises consumption, including: (1) subject to paragraph (3) of this subsection, beer in individual bottles and cans; and (2) wine in split bottles; and (ii) liquor, if the license holder was granted an off-sale liquor option. (3) Beer may be sold for off-premises consumption in: (i) bottles or cans exceeding 12 ounces in weight or size, if the beer is sold in a quantity of less than six; or (ii) a containerized package, if the package holds at least six bottles or containers. (d) (1) A license holder with an option authorizing the sale of liquor for off-premises consumption may exercise that option in an area that: (i) is described in the license application; (ii) may not exceed 20% of the area normally used in the operation of the restaurant, not including additions or extensions; and (iii) unless sales are conducted only from behind a bar, is separate and distinct from the restaurant seating area. (2) If the license application indicates that sales of beer, wine, and liquor for off-premises consumption will be more extensive than from behind a bar, the applicant shall provide a separate outside entrance for purchasers of alcoholic beverages for off-premises consumption. (3) To meet food sale requirements, receipts for sales of liquor for off-premises consumption may not be included in the calculation of sales. (e) (1) Subject to paragraph (2) of this subsection, if a restaurant holding a Class B beer, wine, and liquor license is located within a freestanding establishment containing bowling lanes associated with the restaurant, the license holder may sell and allow customers to carry or consume alcoholic beverages within any place in the bowling alley or restaurant. (2) The additional privilege under this subsection is available between 6 p.m. and the normal closing time for the license. (3) This subsection: (i) only confers additional privileges on licenses for restaurants that are associated with bowling alleys; but (ii) does not create a separate class of license for bowling alleys. (f) A license holder with an off-sale option shall continually maintain a minimum stock of $8,000 wholesale value in beer, wine, and liquor. (g) (1) The annual license fees for a 6-day license are: (i) $2,260 for a hotel; and (ii) $1,720 for a restaurant. (2) The annual license fees for a 7-day license are: (i) $2,685 for a hotel; and (ii) $2,145 for a restaurant. (3) The annual license fees for an option to sell liquor for off-premises consumption are: (i) $350 for a 6-day restaurant; and (ii) $450 for a 7-day restaurant. #### Section 22-903 (a) There is a Class B cafe beer, wine, and liquor license. (b) (1) The license authorizes the holder to sell: (i) beer and wine for on- and off-premises consumption; and (ii) liquor for on-premises consumption. (2) The license is a 7-day license with an on-premises wine tasting privilege for every day of the year. (3) The license may be used for off-premises catering. (c) The Board shall set: (1) the maximum number of cafe licenses that it may issue under this section; and (2) the maximum and minimum seating capacity for each cafe license it issues. (d) The license may be used only if: (1) the Board determines that the establishment has adequate tables, chairs, food, and facilities for preparing and serving meals; (2) the average gross monthly receipts from the sale of cooked or prepared food served at the establishment and other items approved by the Board exceed 50% of the average monthly receipts from the sale of beer, wine, and liquor sold for on-premises consumption; and (3) not more than 10% of the total square footage of the establishment is dedicated to the public display of beer and wine that is offered for sale. (e) 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. 22-2004(b) of this title. (f) The annual license fee is $3,000. #### Section 22-904 (a) There is: (1) a Class B-3 restaurant/hotel 6-day license; and (2) a Class B-3 restaurant/hotel 7-day license. (b) The Board may issue a Class B-3 license to a person who: (1) has been operating a restaurant or hotel under a Class B beer, wine, and liquor license for 1 year before the application for the Class B-3 license; (2) accounts for at least 25% of the business at the restaurant or hotel from the sale of food; and (3) in the judgment of the Board, has equipped and stocked the restaurant or hotel for the continued regular sale of food to customers and guests. (c) (1) The Board may issue a license under this subsection for use in a restaurant or hotel at retail at the place described in the license. (2) Except as provided in paragraph (3) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license, including at a restaurant and a bar or counter in a hotel, for on-premises consumption. (3) A holder of a license issued before July 1, 1984, may sell: (i) beer, wine, and liquor for on-premises consumption; (ii) beer and wine for off-premises consumption, including: (1) subject to paragraph (4) of this subsection, beer in individual bottles and cans; and (2) wine in split bottles; and (iii) liquor, if the license holder has been granted a liquor option. (4) Beer may be sold for off-premises consumption in: (i) bottles or cans exceeding 12 ounces in weight or size, if the beer is sold in a quantity of less than six; or (ii) a containerized package, if the package holds at least six bottles or containers. (d) (1) A license holder with an option authorizing the sale of liquor for off-premises consumption may exercise that option in an area that: (i) is described in the license application; (ii) may not exceed 20% of the area normally used in the operation of the restaurant, not including additions or extensions; and (iii) unless sales are conducted only from behind a bar, is separate and distinct from the restaurant seating area. (2) If the license application indicates that sales of beer, wine, and liquor for off-premises consumption will be more extensive than from behind a bar, the applicant shall provide a separate outside entrance for purchasers of alcoholic beverages for off-premises consumption. (3) To meet food sale requirements, receipts for sales of liquor for off-premises consumption may not be included in the calculation of sales. (e) A license holder with an off-sale liquor option shall continually maintain a minimum stock of $8,000 wholesale value in beer, wine, and liquor. (f) The license holder may sell beer, wine, and liquor during the hours and days as set out under Sec. 22-2004(c) of this title. (g) (1) The annual license fees for a 6-day license are: (i) $2,620 for a hotel; and (ii) $2,050 for a restaurant. (2) The annual license fees for a 7-day license are: (i) $3,045 for a hotel; and (ii) $2,435 for a restaurant. (3) The annual license fees for an option to sell liquor for off-premises consumption are: (i) $350 for a 6-day restaurant; and (ii) $450 for a 7-day restaurant. #### Section 22-905 (a) There is: (1) a Class BFD (fine dining) beer, wine, and liquor 6-day license; and (2) a Class BFD (fine dining) beer, wine, and liquor 7-day license. (b) (1) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption. (2) A license holder shall: (i) serve only full-course dinners at least 5 days a week; (ii) open the restaurant for business not later than 5 p.m.; and (iii) comply with the requirements of Sec. 22-103 of this title. (c) The license holder may sell beer, wine, and liquor during the hours and days as set out under Sec. 22-2004(d) of this title. (d) The Board shall adopt regulations to carry out this section. (e) The annual license fees are: (1) $2,500 for a 6-day license; and (2) $2,900 for a 7-day license. #### Section 22-906 (a) There is a Class BNR (newly opened restaurant) beer, wine, and liquor license. (b) The Board may decide: (1) the number of licenses to be issued; and (2) to whom the licenses shall be issued. (c) The Board may issue the license for use by a newly opened restaurant that: (1) has a minimum capital investment of $250,000 for new dining room facilities and newly installed kitchen equipment, not including the cost of land, buildings, or a lease; (2) serves full-course meals at least twice daily; (3) has regular seating at tables, not including seats at bars or counters, for at least 60 individuals; and (4) meets other standards set out in the regulations of the Board. (d) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption from Monday through Sunday from 8 a.m. to 2 a.m. the following day. (e) The annual license fee is $3,000. #### Section 22-907 (a) There is: (1) a 6-day Class C-1 (organization or club) beer, wine, and liquor license; and (2) a 7-day Class C-1 (organization or club) beer, wine, and liquor license. (b) The Board may issue the 6-day license or the 7-day license for use by a war veterans' organization that: (1) is a nationally chartered nonprofit organization or club; (2) has been incorporated for at least 5 years immediately preceding filing of the application for the license; (3) is composed only of members who served in the armed forces of the United States in a war in which the United States has been engaged; (4) operates only for the use of members of the war veterans' organization and guests accompanied by members; and (5) meets in a clubhouse that is principally used for club purposes. (c) (1) The 6-day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Saturday at a club at the place described in the license, for on-premises consumption by members and guests. (2) The 7-day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Sunday at a club at the place described in the license, for on-premises consumption by members and guests. (3) (i) The 6-day license and the 7-day license authorize the license holder to sell or provide beer, wine, and liquor for on-premises consumption by: (1) nonmembers of the club that have rented or leased an area of the licensed premises for entertainment, a conference, or a social event; and (2) guests who attend the event. (ii) The license holder shall: (1) contract to provide food for consumption at the event described in subparagraph (i) of this paragraph; or (2) ensure that food will be available for consumption at the event described in subparagraph (i) of this paragraph. (iii) This paragraph does not prohibit a club from obtaining a Class C per diem license. (d) The license holder may sell beer, wine, and liquor during the hours and days as set out under Sec. 22-2004(f) of this title. (e) (1) The annual fees for the 6-day license, depending on the size of the membership of the war veterans' organization, are: (i) $350, for a membership of 50 to 99; (ii) $600, for a membership of 100 to 250; (iii) $850, for a membership of 251 to 450; and (iv) $1,000, for a membership of at least 451. (2) The annual fees for the 7-day license, depending on the size of the membership of the war veterans' organization, are: (i) $450, for a membership of 50 to 99; (ii) $700, for a membership of 100 to 250; (iii) $950, for a membership of 251 to 450; and (iv) $1,100, for a membership of at least 451. #### Section 22-908 (a) There is: (1) a 6-day Class C-2 (organization or club) beer, wine, and liquor license; and (2) a 7-day Class C-2 (organization or club) beer, wine, and liquor license. (b) The Board may issue the 6-day license or the 7-day license for use by a fraternal organization that: (1) is a lodge or chapter of a nationally chartered fraternal organization; (2) is composed of inducted members; (3) operates a clubhouse or building: (i) for the use of its members; and (ii) that has facilities for preparing and serving food on the premises to members and guests; and (4) has at least 100 members paying the dues that were required by its national organization in the year immediately preceding the year for which the license was applied for or issued, as determined by the Board. (c) (1) The 6-day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Saturday at a club at the place described in the license, for on-premises consumption by members and guests. (2) The 7-day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Sunday at a club at the place described in the license, for on-premises consumption by members and guests. (3) (i) The 6-day license and the 7-day license authorize the license holder to sell or provide beer, wine, and liquor for on-premises consumption by: (1) nonmembers of the club that have rented or leased an area of the licensed premises for entertainment, a conference, or a social event; and (2) guests who attend the event. (ii) The license holder shall: (1) contract to provide food for consumption at the event described in subparagraph (i) of this paragraph; or (2) ensure that food will be available for consumption at the event described in subparagraph (i) of this paragraph. (iii) This paragraph does not prohibit a club from obtaining a Class C per diem license. (d) The license holder may sell beer, wine, and liquor during the hours and days as set out under Sec. 22-2005(f) of this title. (e) (1) The annual fees for the 6-day license, depending on the size of the membership of the fraternal organization, are: (i) $800, for a membership of 100 to 250; (ii) $1,050, for a membership of 251 to 450; and (iii) $1,200, for a membership of at least 451. (2) The annual fees for the 7-day license, depending on the size of the membership of the fraternal organization, are: (i) $900, for a membership of 100 to 250; (ii) $1,150, for a membership of 251 to 450; and (iii) $1,300, for a membership of at least 451. #### Section 22-909 (a) There is: (1) a 6-day Class C-3 (country club, social organization, topiary garden, or yacht or boat club) beer, wine, and liquor license; and (2) a 7-day Class C-3 (country club, social organization, topiary garden, or yacht or boat club) beer, wine, and liquor license. (b) The Board may issue the 6-day license or the 7-day license for use by: (1) a country club that: (i) may be operated for profit or not for profit; (ii) has at least 75 members paying dues of at least $50 per year per member; and (iii) maintains a regular or championship golf course of at least nine holes or a swimming pool that is at least 20 by 40 feet; (2) a social organization that: (i) may be operated for profit or not for profit; (ii) has at least 100 members paying dues of at least $200 per year per member; (iii) has at least 51% of its membership consisting of: (1) active members of the armed forces of the United States; (2) veterans of the armed forces of the United States; (3) active or retired first responders; and (4) the spouses and children of the eligible members under items 1 through 3 of this item; (iv) is secured by electronic means and is accessible only to members and their guests over the age of 21; (v) requires each server of alcoholic beverages at the social organization to hold a certificate of completion from an approved alcohol awareness program as described in Sec. 4-505 of this article; (vi) has parking facilities to accommodate the vehicles of members and their guests; (vii) is zoned for business or commercial use; and (viii) maintains a list of all active members available for review by the Board of License Commissioners; (3) a topiary garden that: (i) operates a public museum and garden for the members of the topiary garden and the public as guests of the members; (ii) is open to the public for at least 6 days a week for at least 6 hours a day during at least 5 months each year; and (iii) has food preparation facilities on the premises for the convenience of guests; or (4) a yacht or boat club that: (i) may be operated for profit or not for profit; (ii) owns real property in the county; and (iii) has at least 150 dues-paying members, of whom at least 50 own a yacht, boat, or other vessel. (c) (1) The 6-day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Saturday at a club at the place described in the license, for on-premises consumption by members and guests. (2) The 7-day license authorizes the license holder to sell or provide beer, wine, and liquor from Monday through Sunday at a club at the place described in the license, for on-premises consumption by members and guests. (3) (i) The 6-day license and the 7-day license authorize the license holder to sell or provide beer, wine, and liquor for on-premises consumption by: (1) nonmembers of the club that have rented or leased an area of the licensed premises for entertainment, a conference, or a social event; and (2) guests who attend the event. (ii) The license holder shall: (1) contract to provide food for consumption at the event described in subparagraph (i) of this paragraph; or (2) ensure that food will be available for consumption at the event described in subparagraph (i) of this paragraph. (iii) This paragraph does not prohibit a club from obtaining a Class C per diem license. (d) (1) Subject to paragraph (2) of this subsection, the license holder may sell beer, wine, and liquor during the hours and days as set out under Sec. 22-2004(f) of this title. (2) A social organization granted a license under this section may sell beer, wine, and liquor on Monday through Sunday, from 4 p.m. to 11 p.m. (e) (1) The annual fee for the 6-day license is $1,300. (2) The annual fee for the 7-day license is $1,400. #### Section 22-910 (a) There is: (1) a Class D beer, wine, and liquor (on-sale) 7-day license; and (2) a Class D beer, wine, and liquor (on- and off-sale) 7-day license. (b) (1) The Board may issue a Class D license to a current Class B license holder that applies for the license. (2) The applicant shall surrender to the Board the applicant's Class B license on the issuance of the Class D license. (c) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for: (1) on-premises consumption, if an on-sale license; or (2) on- and off-premises consumption, if an on-sale and off-sale license. (d) The Board may determine the number of licenses to be issued. (e) The license may not be issued for use by a drugstore. (f) The Board shall adopt regulations to carry out this section. (g) The annual license fees are: (1) $3,000 for an on-sale license; and (2) $4,000 for an on- and off-sale license. ### Subtitle 10. Licenses for Specific Types of Organizations and Venues #### Section 22-1001 (a) In this section, "assisted living program" has the meaning stated in Sec. 19-1801 of the Health - General Article. (b) There is a Class ALP (assisted living program) beer, wine, and liquor license. (c) (1) The Board may issue the license to a manager of an assisted living program that: (i) is licensed by the Department of Human Services under Sec. 19-1804.1 of the Health - General Article; and (ii) may be operated under a management agreement. (2) The Board may issue a maximum of five Class ALP licenses to a person. (d) The license authorizes the license holder to: (1) provide beer and wine for on-premises consumption by a resident or a guest of a resident of the assisted living program; and (2) (i) store liquor that has been purchased by a resident in a secure locker that is accessible only to individuals at least 21 years old; (ii) prepare mixed drinks using liquor that has been purchased by a resident and mixers provided by the resident or license holder; and (iii) serve liquor that has been purchased by a resident, or a mixed drink that is prepared using a resident's liquor, to a resident or guest of a resident for on-premises consumption. (e) The license holder may provide or serve beer, wine, and liquor for on-premises consumption on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (f) (1) The license holder shall require each individual who serves beer, wine, or liquor on the premises to hold a certificate of completion from an approved alcohol awareness program as described in Sec. 4-505 of this article. (2) An employee of the assisted living program who is at least 18 years old may serve alcoholic beverages or assist in preparing mixed drinks. (g) The annual license fee is $3,500. #### Section 22-1001.1 (a) There is a Class B-BB (bed and breakfast) beer, wine, and liquor license. (b) The Board may issue the license to a license holder who is approved by the appropriate local governmental unit to operate a bed and breakfast that: (1) provides services ordinarily provided by a bed and breakfast; (2) has at least one room but not more than 10 rooms, each with sleeping accommodations, excluding resident management quarters, that the public for consideration may use for a specified time; and (3) has a kitchen facility that has been approved by the appropriate local governmental unit. (c) The license authorizes the license holder to sell beer, wine, and liquor to a guest if: (1) the name and address of the guest appears on the registry that the bed and breakfast maintains; and (2) the guest is an occupant of a sleeping room in the bed and breakfast. (d) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption to a guest of a catered event at the bed and breakfast if: (1) the license holder is under contract to cater the event; (2) the license holder caters the event; and (3) food is served at the catered event. (e) The license holder may sell beer, wine, and liquor for on-premises consumption during the hours and days as set out for a Class B beer, wine, and liquor license under Sec. 22-2004 of this title. (f) The license does not authorize the sale of beer, wine, and liquor to an individual who: (1) is not a guest of the bed and breakfast; or (2) is registered as a guest at the bed and breakfast only to obtain beer, wine, and liquor. (g) (1) A bed and breakfast may not be operated only to sell or provide beer, wine, and liquor. (2) If the bed and breakfast ends operations as a bed and breakfast: (i) the license is void; and (ii) the license holder shall return the license to the Board. (h) The Board shall adopt regulations to: (1) carry out this section; and (2) ensure that the primary purpose of the license is to allow the license holder to operate a bed and breakfast. (i) The annual license fee is $1,000. #### Section 22-1002 (a) There is a Class CCFA (continuing care facility for the aged) beer, wine, and liquor license. (b) The Board may issue the license to the officers of a continuing care facility for the aged that: (1) provides continuing care as defined under Sec. 10-401 of the Human Services Article; (2) is licensed as a related institution under Title 19, Subtitle 3 of the Health - General Article; (3) is certified by the Department of Aging; and (4) is exempt from federal income tax under Sec. 501(c)(3) of the Internal Revenue Code. (c) The license authorizes the license holder to sell beer, wine, and liquor on the licensed premises for on-premises consumption. (d) The license holder may sell beer, wine, and liquor for on-premises consumption during the hours and days as set out for a Class C beer, wine, and liquor license under Sec. 22-2004 of this title. (e) The annual license fee is $5,000. #### Section 22-1002.1 (a) There is a gift basket permit. (b) (1) The Board may issue the permit to a person: (i) whose primary business is the sale and delivery of flowers; (ii) whose business includes the sale and delivery of gift baskets of flowers, food, or other items; and (iii) who does not hold any other alcoholic beverages license or permit under this article. (2) The Board may not issue the permit for use in conjunction with or on the premises of a chain store, supermarket, or discount house. (c) A holder of the permit: (1) may sell and deliver, to consumers of a legal drinking age located in the county, gift baskets containing: (i) not more than 72 ounces of beer; (ii) not more than 2.25 liters of wine; or (iii) not more than 2.25 liters of liquor; (2) shall maintain records and submit reports as required by the Board; and (3) is subject to the alcohol awareness training requirements under Sec. 4-505 of this article. (d) (1) Subject to paragraph (2) of this subsection, the permit holder or an employee of the permit holder shall: (i) deliver the gift basket containing alcoholic beverages; and (ii) require the person receiving a delivery of a gift basket containing alcoholic beverages to display proof that the person is at least 21 years old. (2) An individual who delivers a gift basket containing alcoholic beverages shall be at least 21 years old. (e) The holder's annual sales from alcoholic beverages may not exceed 10% of the holder's annual gross sales. (f) The alcoholic beverages contained in a gift basket shall be purchased from a retail license holder. (g) The Board shall adopt regulations to carry out this section. (h) The fee for a gift basket permit is $100. #### Section 22-1003 (a) There is a Class GC (golf course) beer, wine, and liquor license. (b) The Board may issue the license to the owner or operator of a golf course that: (1) is open to the public; (2) is operated for profit; and (3) has a minimum of 18 holes. (c) (1) The license authorizes the license holder to sell beer, wine, and liquor for consumption on the land and in the buildings, including the clubhouse, used for golfing purposes. (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. 22-2004 of this title. (e) The annual license fee is $3,500. #### Section 22-1003.1 (a) There is a Class GCR (golf course restaurant) beer, wine, and liquor license. (b) The Board may issue a Class GCR license to the owner or operator of a golf course that: (1) is open to the public; (2) is operated for profit; (3) has a minimum of 18 holes; and (4) has a kitchen facility that has been approved by the appropriate local governmental unit. (c) (1) The license authorizes the license holder to sell beer, wine, and liquor for consumption on the land and in the buildings, including the clubhouse, used for golfing purposes and for non-golf-related events. (2) A patron need not be seated to be served. (3) The license is limited to on-premises sales only. (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. 22-2004 of this title. (e) The annual license fee is $3,500. #### Section 22-1003.2 (a) There is a Class GSF (golf simulator facility) license. (b) The Board may issue the license for use by a golf simulator facility that: (1) is open to the public; (2) has at least five golf simulator bays; and (3) has accommodations that are predominantly dedicated to golf simulator bays and seating dedicated to the golf simulator bays. (c) An applicant for the license shall submit to the Board a floor plan or layout of the proposed licensed premises that illustrates that the proposed licensed premises is predominantly dedicated to golf simulator bays and has seating dedicated to the golf simulator bays. (d) The license holder may sell beer, wine, and liquor for on-premises consumption: (1) if the license holder offers food on the premises at all times when alcoholic beverages are being sold; and (2) during normal business hours and in accordance with Sec. 22-2004 of this title. (e) (1) The license holder's annual gross sales from: (i) alcoholic beverages may not exceed 35% of the annual gross sales of the golf simulator facility; (ii) golf simulator bay rental fees shall be at least 50% of the annual gross sales of the golf simulator facility; and (iii) food shall be at least 15% of the annual gross sales of the golf simulator facility. (2) Before the Board may renew the license, the license holder shall provide the Board with an annual gross sales report for alcohol, golf simulator bay rental fees, and food that shows the license holder has met the requirements of paragraph (1) of this subsection. (f) The annual license fee is $1,500. #### Section 22-1004 (a) There is: (1) a 6-day Class HC (health club) beer and wine license; and (2) a 7-day Class HC (health club) beer and wine license. (b) The Board may issue the 6-day or the 7-day license to a person who: (1) sells health club services, as defined in Sec. 14-12B-01 of the Commercial Law Article; (2) has a health club facility that offers: (i) an indoor or outdoor swimming pool; or (ii) pickleball courts; (3) has at least 150 members who pay dues; and (4) owns or leases real property in the county for use as a for-profit or nonprofit health club facility. (c) (1) The 6-day license authorizes the license holder to sell beer and wine from Monday through Saturday in a bar area at a swimming pool or an indoor lounge or both. (2) The 7-day license authorizes the license holder to sell beer and wine from Monday through Sunday in a bar area at a swimming pool or an indoor lounge or both. (d) The 6-day license holder and the 7-day license holder may sell beer and wine for on-premises consumption from 1 p.m. to 11 p.m. (e) The license holder shall purchase beer and wine from an authorized and licensed wholesaler. (f) The license holder shall provide prepackaged food or snacks at all times when beer and wine are sold. (g) (1) The annual fee for the 6-day license is $1,300. (2) The annual fee for the 7-day license is $1,400. #### Section 22-1004.1 (a) There is a Class H-CC (corporate club/conference center) beer, wine, and liquor license. (b) (1) The Board may issue the license for an establishment with: (i) a banquet room, conference room, or meeting room that is suitable for public gatherings and equipped with food preparation facilities; and (ii) subject to paragraph (2) of this subsection, a corporate dining room that is reserved for members of a private club and their guests. (2) A corporate dining room described in paragraph (1)(ii) of this subsection: (i) shall be equipped for the sale of food; and (ii) may be used by a private club of at least 25 members who pay an annual membership fee. (c) (1) The license holder may: (i) sell beer, wine, and liquor during an event contracted with another person in: (1) a room described in subsection (b)(1) of this section; or (2) another area in the licensed premises that the Board approves; (ii) hold multiple events in the licensed premises simultaneously; and (iii) contract to provide beer, wine, and liquor at an event held off the licensed premises if the event is in the county and the license holder contracts to provide food for consumption at the event. (2) The license holder may not hold more than four self-sponsored events per year in the banquet, conference, or meeting room. (d) Not more than six Class H-CC licenses may be in effect at a time. (e) The annual license fee is $3,000. #### Section 22-1004.2 (a) There is a hotel lobby license. (b) The Board may issue the license for use by a hotel that does not have a restaurant. (c) (1) A license authorizes the license holder to sell beer, wine, and liquor from a store in the hotel lobby to patrons of the hotel for on-premises consumption. (2) Beer may be sold only in a can or bottle that does not exceed 12 ounces. (3) Wine may be sold only in a bottle that does not exceed 750 milliliters. (4) Liquor may be sold only in a bottle that does not exceed 50 milliliters. (d) A license holder may sell beer, wine, and liquor: (1) on Monday through Saturday, from noon to 10 p.m.; and (2) on Sunday, from 11 a.m. to 10 p.m. (e) A license holder may not sell beer, wine, and liquor: (1) through a vending machine; or (2) by stocking beer, wine, and liquor in a guest room for purchase. (f) The annual license fee is $1,250. #### Section 22-1005 (a) In this section, "guest" means an individual whose name and address appear on the registry that the inn maintains. (b) There is a Class B (inn) beer, wine, and liquor license. (c) The Board may issue the license to a license holder who is approved by the appropriate local governmental unit to operate an inn that: (1) has at least 11 rooms or suites, each with sleeping accommodations, excluding resident management quarters, that the public for consideration may use for a specified time; (2) has a seated dining capacity of a sufficient size to accommodate overnight guests and dinner patrons who participate in regular meals and special dinner events on the premises of the establishment as authorized under subsection (d) of this section; and (3) has a kitchen facility that has been approved by the local governmental unit. (d) The license authorizes the license holder to: (1) sell beer, wine, and liquor for on-premises consumption by a guest in conjunction with a meal; (2) with the prior approval of the Board, serve beer, wine, and liquor to guests and dinner patrons on a patio, a deck, a terrace, the grounds, or any other outdoor area that is an integral part of the premises; (3) allow a guest to have beer, wine, and liquor delivered to the guest in a sealed package by the inn, if the guest is in a building that is: (i) considered part of the inn operation; and (ii) located in the same mail unit number as the inn or is not more than one-eighth of a mile from the inn; (4) hold a special dinner event on the premises of the establishment; and (5) allow an individual who is not a guest to patronize the establishment for a regular or special dinner meal. (e) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption during catered events at the inn if: (1) the license holder is under contract to cater the event; (2) the license holder caters the event; and (3) food is served at the catered event. (f) A holder of a Class B (inn) license that was issued after March 6, 2006, may sell beer and wine from the dining room to guests for off-premises consumption if the holder previously held a Class B (restaurant) license allowing sales of beer and wine for off-premises consumption. (g) The license holder may sell beer, wine, and liquor to guests for on-premises consumption during the hours and days as set out for a Class B beer, wine, and liquor license under Sec. 22-2004 of this title. (h) The license does not authorize the sale of beer, wine, and liquor to an individual who: (1) is not a guest or a patron of the dining facility of the inn; or (2) is registered as a guest at the inn only to obtain beer, wine, and liquor. (i) (1) An inn may not be operated only to sell or provide beer, wine, and liquor. (2) If an inn ends operations as an inn: (i) the license is void; and (ii) the license holder shall return the license to the Board. (3) Beer, wine, and liquor in open containers may not be transferred, carried, taken, or delivered to, from, or between the inn and other buildings that are considered part of the inn. (j) The Board shall adopt regulations to: (1) carry out this section; and (2) ensure that the primary purpose of the license is to allow the license holder to operate an inn. (k) The annual license fee is: (1) $2,500 for an inn that has at least 11 but not more than 24 rooms or suites; and (2) $3,295 for an inn that has at least 25 rooms or suites. #### Section 22-1005.1 (a) There is a Class MT (movie theater) beer, wine, and liquor license. (b) (1) The Board may issue the license for use by the owner of a movie theater. (2) To be eligible for the license, the owner of a movie theater is required to provide documentation to the Board that the owner has made an investment of at least $250,000 in the movie theater. (3) The Board may issue not more than five Class MT licenses to the same person. (c) (1) The license holder may sell beer, wine, and liquor for on-premises consumption from 4 p.m. to midnight on the days that the movie theater is open. (2) Beer, wine, and liquor may be sold only: (i) in single-serve containers; and (ii) from a counter separate from a counter serving candy, popcorn, and nonalcoholic beverages. (3) A movie theater for which the license is issued: (i) is subject to the alcohol awareness training requirements under Sec. 4-505 of this article; and (ii) shall offer for sale food other than candy and popcorn. (d) The annual license fee is $1,000. #### Section 22-1005.2 (a) In this section, "performing arts nonprofit organization" means a nonprofit organization that organizes the production of plays, acts, dramas, concerts, or similar events by individuals performing on a stage or the showing of films. (b) There is a performing arts nonprofit organization beer, wine, and liquor license. (c) The Board may issue the license to a performing arts nonprofit organization. (d) (1) The license authorizes the holder to sell or serve beer, wine, and liquor at retail for on-premises consumption at up to three locations designated at the time of application. (2) The locations designated at the time of application must: (i) be suitable for the production of plays, acts, dramas, concerts, or similar events by individuals performing on a stage or the showing of films; and (ii) meet any other requirements established by the Board. (3) The license holder may alter the authorized locations each time the license is renewed. (e) The license holder may sell or serve beer, wine, and liquor: (1) 1 hour before and after a performance; (2) during a performance; (3) during an intermission; and (4) during a reception within 1 hour before or after a performance. (f) The license may not be transferred to another location not identified on the application. (g) The license holder shall purchase beer, wine, and liquor from a retail license holder or an authorized and licensed wholesaler. (h) A license holder may not sell or issue more than 750 tickets to any event or performance at which the holder will sell or serve beer, wine, or liquor. (i) Issuance of a license under this section does not prohibit the Board from issuing a Class C per diem license to the performing arts nonprofit organization for an event outside the scope of the license. (j) The license holder shall serve or offer for sale snacks at all times when beer, wine, and liquor are sold. (k) (1) The license holder shall: (i) keep complete and accurate records of all alcoholic beverages sold, served, and purchased under this section; (ii) on written request of the Board or the Executive Director, report on the form that the Board or the Executive Director requires information relating to the alcoholic beverages that are the subject of the records required to be kept; and (iii) on request of the Board or the Executive Director, make the report under oath. (2) (i) Except as provided in subparagraph (ii) of this paragraph, each license holder shall keep records at the location designated in the license. (ii) If the license holder is allowed to have more than one location, the license holder may keep the records at the principal location. (iii) The records shall: (1) meet form and content requirements of the Board or the Executive Director; (2) be preserved for at least 2 years in a manner that ensures permanency; and (3) be made available for audit or inspection during regular business hours by the Board, the Executive Director, or a designee of the Board or the Executive Director. (3) (i) If a report required by this section or an investigation by the Board, a Board officer, the Executive Director, or any other person indicates that the license holder is violating this section, the Board may summon the license holder and conduct a hearing. (ii) If the charges at the hearing are sustained, the Board: (1) may impose a fine of not less than $250 and not more than $2,000; and (2) may suspend or revoke the license holder's license immediately. (l) The annual license fee is $750. #### Section 22-1005.3 (a) In this section, "performing arts theater" means an area, a building, or a structure designed and used for plays, acts, dramas, concerts, or histrionics by actors or actresses performing on a stage. (b) There is a performing arts theater beer, wine, and liquor license. (c) The Board may issue the license for use on the premises of a performing arts theater operated by a for-profit organization. (d) The license authorizes the holder to sell or serve beer, wine, and liquor at retail for on-premises consumption. (e) The license holder may sell or serve beer, wine, and liquor: (1) 1 hour before and after a performance; (2) during a performance; (3) during an intermission; and (4) during a reception 1 hour before or 1 hour after a performance. (f) The license may not be transferred to another location. (g) The license holder shall purchase beer, wine, and liquor from an authorized and licensed wholesaler. (h) The license holder shall serve or offer for sale snacks at all times when beer, wine, and liquor are sold. (i) The annual license fee is $1,500. #### Section 22-1005.4 (a) In this section, "resort complex" means a parcel or contiguous parcels of land: (1) of at least 10 acres; (2) under common ownership; and (3) with facilities that: (i) include lodging, conference spaces, meeting spaces, active outdoor open spaces, waterfront beach activities, or a marina; (ii) serve the public; and (iii) resulted in a capital investment of at least $500,000 exclusive of the cost of the land. (b) There is a resort complex license. (c) The Board may issue one resort complex license to the person owning, leasing, or operating a resort complex. (d) The license authorizes the license holder to sell beer, wine, and liquor from: (1) one or more outlets in the resort complex where the beer, wine, and liquor may be consumed in conjunction with recreation or the playing of music and dancing at designated locations in the resort complex; (2) one or more outlets in the resort complex that operate as a restaurant; (3) bars or counters at one or more locations in the resort complex daily for on-premises consumption; (4) one designated outlet in the resort complex for culinary education and entertainment which may include off-premises consumption; and (5) one designated outlet in the resort complex for off-premises consumption. (e) A license holder may serve alcoholic beverages: (1) at one or more outside outlets in the resort complex on Monday through Sunday, from 6 a.m. to midnight; (2) at one or more inside outlets in the resort complex: (i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and (ii) on Sunday, from 6 a.m. to midnight; and (3) at one designated outlet for off-premises consumption: (i) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and (ii) on Sunday, from 6 a.m. to midnight. (f) A resort complex license is exempt from any quota or restriction on off-sale licenses issued for the election district in which the resort complex is located. (g) (1) Certain areas in a resort complex may be excluded from the portion of the property that is considered to be the licensed premises. (2) A person other than the resort complex license holder may obtain a different class of license for an area excluded under paragraph (1) of this subsection. (h) (1) Subject to paragraph (2) of this subsection, a resort complex for which the license is issued is subject to the alcohol awareness training requirements under Sec. 4-505 of this article. (2) The Board may determine the minimum number of employees from each outlet in the resort complex that must complete the alcohol awareness training required under this subsection. (i) (1) The initial license fee is $3,500. (2) Beginning May 1, 2023, the annual license fee is $4,000. #### Section 22-1006 (a) (1) In this section the following words have the meanings indicated. (2) "Concession manager" means a person that provides and supervises under contract the comprehensive management of all food and beverage concession sales on the licensed premises. (3) "Licensed premises" includes the stadium facility and stadium parking lots. (b) There is a stadium beer, wine, and liquor license. (c) The Board may issue the license for a stadium to the owner, lessee, or concession manager of a professional baseball stadium. (d) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption. (2) The license holder may sell, serve, or allow the consumption of beer, wine, and liquor on the stadium parking lots only with the prior written approval of the Board. (e) (1) Subject to paragraph (2) of this subsection, the license holder may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (2) During a baseball game, a holder of a stadium license may not sell beer, wine, or liquor: (i) after the beginning of the eighth inning; or (ii) during a doubleheader game, after the beginning of the sixth inning of the second game. (f) (1) An individual who serves beer, wine, and liquor on the licensed premises shall hold a certificate from an alcohol awareness program that the Board approves. (2) (i) Subject to subparagraph (ii) of this paragraph, an individual may serve beer, wine, and liquor during a baseball game. (ii) An individual may serve beer, wine, and liquor in a glass container only on the club level, in an area in the stadium designated by the license holder to hold a special event, or in a dining area where patrons are seated. (3) (i) This paragraph does not apply to wine and liquor served on the club level, in an area in the stadium designated by the license holder to hold a special event, or in a dining area where patrons are seated. (ii) An individual may dispense wine and liquor during a baseball game only from a stationary structure that is in the stadium and equipped with a motor vehicle driver's license scanner. (4) A license holder may not allow a roving vendor to dispense wine and liquor. (5) A license holder may not allow a person to carry beer, wine, and liquor onto or off of the licensed premises. (g) The annual license fee is $7,000. ### Subtitle 11. Additional License Privileges #### Section 22-1101 (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) 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. 22-1102 of this subtitle; (2) Sec. 4-1105 ("Refillable container permit -- Wine"), subject to Sec. 22-1103 of this subtitle; and (3) Sec. 4-1106 ("Nonrefillable container permit -- Draft beer"), subject to Sec. 22-1104 of this subtitle. #### Section 22-1102 (a) The Board may issue a refillable container permit for draft beer to a holder of: (1) a Class A-1 license; (2) a Class A-2 license; (3) a Class B license that has off-sale privileges; or (4) a Class D license. (b) The annual permit fee is $50. #### Section 22-1103 (a) The Board may issue a refillable container permit for wine to a holder of: (1) a Class A-1 license; (2) a Class A-2 license; (3) a Class B license that has off-sale privileges; or (4) a Class D license. (b) The annual permit fee is $50. #### Section 22-1104 (a) The Board may issue a nonrefillable container permit for draft beer to a holder of: (1) a Class A-1 license; (2) a Class A-2 license; (3) a Class B license that has off-sale privileges; or (4) a Class D license. (b) (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 22-1201 (a) There is a Class H caterer's beer, wine, and liquor license. (b) The Board may issue the license to a person that owns, leases, or operates an establishment that has: (1) one or more banquet rooms suitable for public events; and (2) food preparation facilities on the premises. (c) The license authorizes a holder to: (1) sell or provide all alcoholic beverages at retail for consumption on the premises of the catering establishment during an event; and (2) (i) contract with a sponsor of a public or private event to provide food and alcoholic beverages; or (ii) enter into an exclusive lease with a volunteer fire company for a banquet facility that the volunteer fire company owns. (d) The license holder may: (1) contract with the sponsor or volunteer fire company under subsection (c)(2) of this section to allow patrons to bring their own alcoholic beverages onto the premises of the license holder for consumption at a catered event; (2) contract to provide alcoholic beverages at a catered event held off the premises of the license holder if: (i) the license holder also contracts to provide food for consumption at the event; and (ii) the event is held in the county; and (3) once during a calendar year on a date that the holder selects, provide food and sell or provide alcoholic beverages for on-premises consumption at an event that the license holder sponsors. (e) The annual license fee is $1,500. (f) A holder of a Class B hotel or restaurant beer, wine, and liquor license that provides catering services on or off the premises for which the license is issued: (1) is not required to obtain a Class H license; but (2) is subject to subsection (d)(2) of this section. ### Subtitle 13. Temporary Licenses #### Section 22-1301 (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. 22-1309.1 of this subtitle. #### Section 22-1305 (a) There is a beer and wine tasting (BWT) license. (b) The Board may issue the license to a holder of a Class A beer and wine (BW) license. (c) (1) The license authorizes the holder to allow the on-premises consumption of beer and wine 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 must notify the Board at least 7 days before exercising the privileges of the license. (d) An individual may consume beer or wine covered by the license in a quantity of not more than 1 ounce from each offering of beer or wine. (e) The license fee is: (1) $100 for a 26-day license; (2) $150 for a 52-day license; and (3) $225 for a 1-year license. #### Section 22-1306 (a) There is a cordial, beer, wine, and liquor tasting license. (b) The Board may issue the license to a holder of a Class A1 beer, wine, and liquor (BWL) license. (c) (1) The license authorizes the holder to allow the on-premises consumption of cordials, 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 must notify the Board at least 7 days before exercising the privileges of the license. (d) An individual may consume cordials, beer, wine, or liquor covered by the license in a quantity of not more than: (1) (0) 5 ounce from each offering of a cordial; (2) 1 ounce from each offering of beer or wine; and (3) (0) 5 ounce from each offering of liquor. (e) 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 22-1309 (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 22-1309.1 (a) The fee for a Class C per diem beer license or a Class C per diem beer and wine license is $15 per day. (b) The fee for a Class C per diem beer, wine, and liquor license is $30 per day. #### Section 22-1311 (a) The Board may issue to a fire department a multiple event beer and wine license. (b) (1) The license holder may sell or provide beer and wine for on-premises consumption: (i) at an entertainment event held by the fire department; or (ii) by a person who has rented or leased an area of the licensed premises for an event and guests who attend the event. (2) The license holder shall: (i) contract to provide food for consumption at the event described in paragraph(1)(ii) of this subsection; or (ii) ensure that food will be available for consumption at the event described in paragraph (1)(ii) of this subsection. (3) This section does not prohibit a fire department from obtaining a Class C per diem license. (c) (1) The license shall be in the form that the Board requires. (2) The applicant shall sign the license. (d) (1) The Board may not: (i) issue for a fire department a multiple event beer and wine license more than one time in any year; or (ii) authorize a multiple event beer and wine license for more than 40 days in a calendar year. (2) A license holder shall notify the Board in writing at least 7 days before each event for which the license is to be used. (e) The annual license fees are: (1) $150 for not more than 10 events per year; (2) $300 for not more than 20 events per year; (3) $450 for not more than 30 events per year; and (4) $600 for not more than 40 events per year. ### Subtitle 14. Applications for Licenses #### Section 22-1401 (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. 4-106 ("Payment of notice expenses"); (4) Sec. 4-108 ("Application form required by Comptroller"); (5) Sec. 4-109 ("Required information on application -- In general"); (6) Sec. 4-111 ("Payment of license fees"); (7) Sec. 4-112 ("Disposition of license fees"); and (8) 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 do not apply in the county: (1) Sec. 4-104 ("Application on behalf of corporation or club"), which is superseded by Sec. 22-1405 of this subtitle; (2) Sec. 4-105 ("Application on behalf of limited liability company"), which is superseded by Sec. 22-1405 of this subtitle; and (3) Sec. 4-110 ("Required information on application -- Petition of support"). (c) The following sections of Title 4, Subtitle 1 ("Applications for Local Licenses") of Division I of this article apply in the county: (1) Sec. 4-107 ("Criminal history records check"): (i) in addition to Sec. 22-1403 of this subtitle; and (ii) subject to Sec. 22-1404 of this subtitle; and (2) Sec. 4-113 ("Refund of license fees"), subject to Sec. 22-1406 of this subtitle. #### Section 22-1402 (a) (1) To be issued a license for the applicant's individual use, the applicant shall be a resident of the county at the time the application is filed. (2) The license holder is required to remain a resident of the county for as long as the license is in effect. (b) An applicant under this section is not required to be a registered voter. #### Section 22-1403 (a) The Board shall obtain criminal history record information of each applicant for a license from the Central Repository. (b) The Board may obtain criminal history record information on license applicants and their agents from the county police, including the county sheriff's department and all municipal police departments in the county. #### Section 22-1404 The Board shall destroy the criminal history record information obtained under Sec. 4-107 of this article on completion of the application process. #### Section 22-1405 (a) (1) Except as provided in subsection (c) of this section, a license for the use of a corporation, an unincorporated entity, or a limited liability company shall be applied for by and issued to, as individuals: (i) three officers holding a financial interest in the corporation; or (ii) three authorized persons holding a financial interest in the limited liability company. (2) One of the three individual applicants who apply for a license shall be a resident of the county. (3) The license shall be in effect so long as the resident applicant remains a resident of the county. (4) For a license issued after July 1, 1984, the resident applicant: (i) (1) for a Class A beer and wine license or a Class A-1 or Class A-2 beer, wine, and liquor license, shall own at least 25% of the total corporation, unincorporated entity, or limited liability company; (2) for any type of license other than one specified in item 1 or 3 of this item, shall own at least 10% of the total corporation, unincorporated entity, or limited liability company; or (3) for a Class C-1, Class C-2, or Class C-3 license, may own any amount or no amount of the total corporation, unincorporated entity, or limited liability company; (ii) shall serve as manager or supervisor; and (iii) shall be physically present on the premises for a substantial amount of time on a daily basis. (5) An application for a license shall: (i) state the name and address of: (1) the corporation or unincorporated entity and each officer who holds a financial interest in the corporation or unincorporated entity; or (2) the limited liability company and each authorized person who holds a financial interest in the limited liability company; and (ii) be signed by: (1) the president or vice president of a corporation or an unincorporated entity and the three officers to whom the license is issued; or (2) the three authorized persons of a limited liability company to whom the license is issued. (6) If there are fewer than three officers or directors of a corporation or an unincorporated entity or fewer than three authorized persons of a limited liability company, each officer, director, or authorized person holding a financial interest in the corporation, unincorporated entity, or limited liability company shall apply for the license. (7) If a close corporation does not have officers or directors, one or more resident stockholders who own more than 50% of the stock together may apply for the license. (b) (1) In this section, "owner": (i) means a person who has a real, provable financial interest in the business; and (ii) includes a stockholder or managerial employee of the actual owner. (2) Stock ownership requirements established under subsection (a) of this section do not apply to an applicant for a Class B hotel or restaurant beer, wine, and liquor license or a Class BNR beer, wine, and liquor license in which: (i) a majority of the stock is owned or controlled either directly or indirectly by one or more corporations and is authorized for sale by the United States Securities and Exchange Commission; (ii) at least one license holder is a resident applicant of the business conducted on the licensed premises who is responsible for the day-to-day operation of the business; and (iii) each license holder is a named officer of the corporation. (3) The residency requirements established under subsection (a) of this section remain in effect for a Class B hotel or restaurant beer, wine, and liquor license or a Class BNR beer, wine, and liquor license for as long as the license is in effect. (c) (1) A Class ALP (assisted living program) beer, wine, and liquor license shall be applied for by and issued to the manager of the assisted living program. (2) The pecuniary interest requirements established under subsection (a) of this section, including stock ownership and limited liability company membership interests, do not apply to an applicant for a Class ALP (assisted living program) beer, wine, and liquor license. #### Section 22-1406 A license holder is entitled to a refund of the unearned portion of the license fee if the license holder voluntarily surrenders the license. ### Subtitle 15. Issuance or Denial of Licenses #### Section 22-1501 (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. 4-205 ("Chain store, supermarket, or discount house"); (2) Sec. 4-206 ("Limitations on retail sales floor space"); (3) Sec. 4-207 ("Licenses issued to minors"); (4) Sec. 4-209 ("Hearing"); (5) Sec. 4-213 ("Replacement licenses"); and (6) 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. 4-202 ("Authority of local licensing boards"), subject to Sec. 22-1502 of this subtitle; (2) Sec. 4-203 ("Prohibition against issuing multiple licenses to individual or for use of entity"), subject to Sec.Sec. 22-1503 and 22-1504 of this subtitle and Subtitle 13, Part III, Subtitle 16, Part II, and Sec. 22-1005.2 of this title; (3) Sec. 4-204 ("Prohibition against issuing multiple licenses for same premises"), subject to Sec.Sec. 22-1503 and 22-1504 of this subtitle and Subtitle 13, Part III of this title; (4) Sec. 4-208 ("Notice of license application required"), subject to Sec. 22-1505 of this subtitle; (5) Sec. 4-210 ("Approval or denial of license application"), subject to Sec.Sec. 22-1506 and 22-1507 of this subtitle; (6) Sec. 4-211 ("License forms; effective date; expiration"), subject to Sec. 22-1508 of this subtitle; and (7) Sec. 4-212 ("License not property"), in addition to Sec. 22-1509 of this subtitle. #### Section 22-1502 (a) In addition to food cooked or prepared on the licensed premises, a license holder may sell other goods that the Board specifies, including nonalcoholic drinks and food prepared off the licensed premises. (b) The Board shall print a list of the saleable goods under subsection (a) of this section and provide a copy to each license holder when the license is issued. (c) If the Board makes a change to the list, the Board shall immediately mail a copy of the revised list to each license holder. #### Section 22-1503 (a) (1) Except as otherwise provided in this title, a person may not have interest in more than one license. (2) Paragraph (1) of this subsection applies whether the license is held or controlled by direct or indirect ownership, by franchise operation, by stock ownership, by interlocking directors or interlocking stock ownership, or in any other manner, directly or indirectly. (b) Under subsection (a) of this section, an indirect ownership interest is presumed to exist between any combination of individuals, corporations, limited liability companies, partnerships, limited partnerships, joint ventures, associations, or other persons if any of the following conditions exist between them: (1) a common parent company; (2) a franchise agreement; (3) a licensing agreement; (4) a concession agreement; (5) dual membership in a chain of businesses commonly owned and operated; (6) a sharing of directors, stockholders, partners, or members, or a sharing of directors, stockholders, partners, or members of parents or subsidiaries; or (7) a sharing of a common trade name, trademark, logo, or theme, or mode of operation identifiable by the public. #### Section 22-1504 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 22-1505 (a) Before holding a hearing for an application for a license, the Board shall: (1) publish notice of the application two times in 2 successive weeks in one newspaper of general circulation published in the county; or (2) post notice of the application hearing online at least 14 days before the application hearing date. (b) (1) For a hearing for an application for a new license or an upgrade to an existing license, the Board shall post a notice in a conspicuous location on the exterior of the location described in the application. (2) The notice shall be on a sign that measures at least 12 by 18 inches and include: (i) the class of license for which application is made; (ii) the name of the applicant; and (iii) the date, time, and location for the application hearing. (3) The notice shall remain posted for 20 days before the hearing. (c) (1) The Board shall publish its decision on an application for a new license, an upgrade of an existing license, or a change of location of an existing license: (i) in one newspaper of general circulation published in the county; or (ii) on the Board's website. (2) The decision shall state the name of the license holder, the type of license, and the location of the premises. #### Section 22-1506 The Board may not issue a license to a person or an agent of the person who has been convicted in a federal or State court of: (1) a felony; or (2) a violation of the laws governing: (i) the manufacture or sale of alcoholic beverages; (ii) maintaining or operating a brothel; or (iii) gaming. #### Section 22-1507 Before the Board issues a license, the Board shall consider and determine as suitable: (1) the moral character and financial responsibility of the applicant; (2) the general fitness of the applicant to uphold the public trust; and (3) the appropriateness of the location described in the application, taking into consideration: (i) the number of existing licenses; and (ii) any objections from property owners living in the immediate neighborhood of the location described in the application. #### Section 22-1508 (a) A license shall describe the location of the licensed premises. (b) (1) Subject to paragraph (2) of this subsection, the decision of the Board becomes effective 5 days after the date of publication of the decision. (2) The Board may waive the 5-day period if no written or oral objection is raised to the Board's decision by the end of the application hearing. #### Section 22-1509 A license is not subject to: (1) a writ of execution by a judgment creditor of a license holder; (2) a distraint for rent; or (3) sale or transfer, unless the license accompanies the business for which the license was issued. ### Subtitle 16. Licensing Conditions; Multiple Licensing Plans #### Section 22-1601 (a) For every 4,750 individuals in the county, as specified by the Maryland Department of Health, the Board may not issue more than: (1) one Class A (off-sale) license; (2) one Class A-1 (off-sale) license; or (3) one Class A-2 (off-sale) license. (b) If the number of licenses in a class exceeds the quota specified in subsection (a) of this section, the Board may not issue a new license of that class unless the number of licenses of that class is reduced by revocation or surrender, creating a vacancy under the particular quota specified. (c) This section does not apply to the transfer, conversion, or renewal of a license. #### Section 22-1602 (a) This section does not apply to: (1) a license in effect on July 1, 1975, or the issuance or transfer of a Class B (on-sale) beer, wine, and liquor license for use on any premises licensed on July 1, 1975; (2) a license in effect on July 1, 1977; (3) the renewal, transfer, or upgrading of a license, unless the license is transferred to a new location; and (4) the issuance of: (i) a 1-day license that is to be used on the premises of a place of worship or school; (ii) a Class HC (health club) license; (iii) a Class GC (golf course) license; (iv) a Class CCFA (continuing care facility) license; (v) a Class ALP (assisted living program) license; and (vi) a gift basket permit. (b) (1) (i) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, the Board may not issue a license for an establishment that is within 300 feet of a place of worship. (ii) The distance from the establishment to the place of worship is to be measured from the nearest point of the building of the establishment to the nearest point of the building of the place of worship. (2) Paragraph (1) of this subsection does not apply to the issuance of: (i) a 1-day license for use in a building; (ii) a license issued to a hotel, motel, restaurant, club, caterer, brewery, or distillery in a municipality; and (iii) a Class H beer, wine, and liquor license issued to a caterer for use in a banquet facility in an establishment if: (1) the construction of the establishment was completed after July 1, 1991; and (2) the establishment is used for emergency operations by a volunteer fire company. (c) (1) Subject to paragraphs (2) and (3) of this subsection, the Board may waive the distance restrictions from a place of worship and issue a license on a case-by-case basis. (2) Before the Board decides whether to waive the distance restrictions from a place of worship under paragraph (1) of this subsection: (i) a public hearing shall be held by the governing body of: (1) if the establishment is located in a municipality, the municipality where the establishment is located; or (2) if the establishment is located outside the boundaries of a municipality, the county; (ii) the governing body shall make a recommendation to the Board regarding whether the distance restrictions should be waived; and (iii) after receiving a recommendation: (1) in favor of the waiver, the Board shall hold a public hearing; or (2) to deny a waiver, the Board shall deny the waiver. (3) In making a decision whether to waive the distance restrictions from a place of worship, the Board shall consider: (i) comments received from members and leaders of the place of worship; and (ii) comments made at the public hearing held by the Board. (d) (1) (i) Except as provided in paragraph (2) of this subsection, the Board may not issue a license to a business establishment that is within 1,000 feet of a public or private school building. (ii) The distance from the establishment to the public or private school is to be measured from the nearest point of the building of the establishment to the nearest point of the building of the school. (2) The Board may issue a license to a business establishment in Harford County and in a municipality in Harford County if the business establishment is not located within 300 feet of a public or private school. (3) A decision of the County Board of Education to locate a public school building within 1,000 feet of the premises of a license holder may not be the basis to revoke or deny the renewal, transfer, or upgrading of the license. (e) (1) Subject to paragraphs (2) and (3) of this subsection, the Board may waive the distance restrictions from a public or private school building and issue a Class B (on-sale) restaurant license or a Class B cafe license on a case-by-case basis. (2) Before the Board decides whether to waive the distance restrictions from a public or private school building under paragraph (1) of this subsection: (i) a public hearing shall be held by the governing body of: (1) if the restaurant is located in a municipality, the municipality where the restaurant is located; or (2) if the restaurant is located outside the boundaries of a municipality, the county where the restaurant is located; (ii) the governing body shall make a recommendation to the Board regarding whether the distance restrictions should be waived; and (iii) after receiving the recommendation, the Board shall hold a public hearing. (3) In making a decision whether to waive the distance restrictions from a public or private school building, the Board shall take into consideration: (i) the recommendation from the governing body; (ii) comments received from parents whose children attend the public or private school; and (iii) comments made at the public hearing held by the Board. #### Section 22-1603 (a) (1) Except as provided in paragraph (2) of this subsection, any license with an off-sale privilege may not be issued for or transferred to: (i) a chain store; (ii) a supermarket; (iii) a discount house; or (iv) a franchisor, franchisee, or concessionaire of an establishment listed in this paragraph. (2) Paragraph (1) of this subsection does not apply to the renewal of a license. (b) An establishment that on July 1, 1976, held a license with an off-sale privilege may continue to hold the license or apply to upgrade to a Class A-1 or Class A-2 license. #### Section 22-1604 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. #### Section 22-1607 (a) Except as provided in subsection (b) of this section, the Board may issue a maximum number of nine Class B licenses to the same person. (b) (1) The Board may issue one Class GSF (golf simulator facility) license under Sec. 22-1003.2 of this title to the holder of one or more Class B licenses. (2) A Class GSF (golf simulator facility) license issued under paragraph (1) of this subsection shall be included in the total number of licenses that may be issued to the same person under subsection (a) of this section. ### Subtitle 17. Transfer of Licenses; Substitution of Names on License #### Section 22-1701 (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.Sec. 22-1703 and 22-1704 of this subtitle; and (2) Sec. 4-305 ("Filing fees and endorsement"), subject to Sec. 22-1705 of this subtitle. #### Section 22-1702 (a) On receipt of an application for a transfer of a license, the Board shall: (1) schedule a public hearing; and (2) post a notice of the hearing in a conspicuous place on the exterior of the premises described in the application. (b) The notice required under subsection (a) of this section shall: (1) be on a sign measuring not less than 12 by 18 inches; (2) specify the class of license subject to the application, name of the applicant, and time, date, and place of the hearing; and (3) remain posted for at least 20 days before the hearing. #### Section 22-1703 (a) The Board shall transfer a license that is issued for use in a business if: (1) the business is sold to a different owner; and (2) the new owner qualifies as a license holder. (b) (1) This subsection applies to the resident applicant of a licensed establishment for which a license was transferred after July 1, 1984, on behalf of a corporation, an unincorporated entity, or a limited liability company. (2) The resident applicant: (i) (1) if the transferred license is a Class A beer and wine license or a Class A-1 or Class A-2 beer, wine, and liquor license, shall own at least 25% of the total corporation, unincorporated entity, or limited liability company; (2) if the transferred license is any type of license other than one specified in item 1 or 3 of this item, shall own at least 10% of the total business; or (3) for a Class C-1, Class C-2, or Class C-3 license, may own any amount or no amount of the total corporation, unincorporated entity, or limited liability company; (ii) shall serve as manager or supervisor; and (iii) shall be physically present on the premises a substantial amount of time on a daily basis. #### Section 22-1704 The Board may not transfer the location or ownership of: (1) a 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; or (2) an off-sale license with the privilege of operating the premises as a drive-through purchase facility. #### Section 22-1705 (a) The Board may charge a fee for the transfer of a license that may not exceed the administration cost for processing the transfer. (b) If a license is transferred before its expiration date, the Board shall allow the transferee to operate under the license until the license expiration date without additional charge. (c) If a license is transferred on its expiration date, the charge for the transfer is the same as the fee for the issuance of the license. ### Subtitle 18. Renewal of Licenses #### Section 22-1801 (a) The following sections of Title 4, Subtitle 4 ("Renewal of Local Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-402 ("Eligibility for renewal; process"); (2) Sec. 4-403 ("Renewal application"); (3) Sec. 4-406 ("Protests"); (4) Sec. 4-407 ("Denial of renewal application"); (5) Sec. 4-408 ("Issuance of renewed licenses"); (6) Sec. 4-409 ("Multiple licenses"); and (7) Sec. 4-410 ("Chain store, supermarket, or discount house"). (b) Section 4-404 ("Filing period for renewal application") of Division I of this article does not apply in the county and is superseded by Sec. 22-1802 of this subtitle. (c) Section 4-405 ("Contents of renewal application") of Division I of this article applies in the county, subject to Sec. 22-1803 of this subtitle. #### Section 22-1802 (a) An application to renew an annual license shall be filed between February 1 and April 1, inclusive. (b) The Board may consider a license renewal application received after April 1 for 30 days before it takes final action on the application. #### Section 22-1803 An application for a license renewal shall be in the form the Board adopts by regulation. #### Section 22-1804 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 22-1901 (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. 22-1902 of this subtitle; and (2) Sec. 4-505 ("Alcohol awareness program"), subject to Sec. 22-1903 of this subtitle. #### Section 22-1902 (a) A license holder may not: (1) employ or allow an individual under the age of 18 years to sell or serve alcoholic beverages; or (2) except as provided in subsection (b) of this section, employ an individual under the age of 21 years to act as a bartender or to serve alcoholic beverages at a permanent full-service bar. (b) An individual at least 18 years old may act as a bartender or serve alcoholic beverages at a permanent full-service bar if the individual is the son or daughter of the owner of the licensed premises. (c) A license holder may employ: (1) an individual at least 18 years old to serve alcoholic beverages while acting as a server; or (2) an individual at least 16 years old to act as a bartender's assistant who: (i) may replace ice, remove trash, or perform similar tasks that do not involve alcoholic beverages; but (ii) may not engage in the distribution or sale of alcoholic beverages. #### Section 22-1903 (a) The license holder 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. #### Section 22-1904 (a) A holder of a license with an on-sale privilege shall: (1) keep complete and accurate books of account of daily receipts and expenditures in the form that the Board requires; and (2) procure vouchers or purchase slips for all alcoholic beverages, food, and other items bought for sale. (b) An on-sale license holder shall: (1) keep the records required under subsection (a) of this section at the location designated in the license or another location in the county; and (2) on at least 5 days' notice, make the records available for inspection by the Board or a designee of the Board. (c) (1) If a report required by this section or an investigation by the Board, a Board officer, or any other person indicates that a holder of a license with an on-sale privilege is violating this title, the Board shall summon the license holder and conduct a hearing. (2) If the charges at the hearing are sustained, the Board: (i) shall impose a fine of not less than $250 and not more than $2,000; and (ii) may suspend or revoke the license holder's license immediately. ### Subtitle 20. Hours and Days for Consumption and Sale #### Section 22-2001 (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, 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 22-2003 (a) A holder of a Class A beer and wine license may sell beer and wine on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (b) A holder of a Class B beer and wine license may sell beer and wine on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (c) A holder of a Class C beer and wine license may sell beer and wine on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (d) Reserved. #### Section 22-2004 (a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (b) A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (c) A holder of a Class B-3 beer, wine, and liquor license may sell beer, wine, and liquor: (1) for a 6-day license, on Monday through Saturday, from 8 a.m. to 2 a.m. the following day; and (2) for a 7-day license, on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (d) (1) Subject to paragraph (2) of this subsection, a holder of a Class BFD (fine dining) on-sale beer, wine, and liquor license may sell beer, wine, and liquor: (i) for a 6-day license, on Monday through Saturday, from 8 a.m. to 2 a.m. the following day; and (ii) for a 7-day license, on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (2) The restaurant for which a Class BFD license is issued shall open for business not later than 5 p.m. (e) A holder of a Class BNR on-sale beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (f) (1) This subsection applies to Class C-1, C-2, and C-3 (on-sale) organization or club beer, wine, and liquor licenses. (2) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor: (i) for a 6-day license, on Monday through Saturday, from 8 a.m. to 2 a.m. the following day; and (ii) for a 7-day license, on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. (g) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 8 a.m. to 2 a.m. the following day. #### Section 22-2005 This title does not require a holder of a license that allows the sale of alcoholic beverages for on-premises consumption to close the licensed premises until 2 a.m. on January 1. #### Section 22-2006 A license holder may not: (1) allow alcoholic beverages to be consumed on the license holder's premises between 2:15 a.m. and 8 a.m. the same day; or (2) allow an alcoholic beverage glass, bottle, or container to remain on a table or serving counter after 2:30 a.m. ### Subtitle 21. Revocation and Suspension of Licenses #### Section 22-2101 (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. 4-605 ("Nudity and sexual displays"); and (4) Sec. 4-606 ("Effects of revocation"). (b) Section 4-604 ("Grounds for revocation or suspension") of Division I of this article applies in the county, subject to Sec. 22-2102 of this subtitle. #### Section 22-2102 (a) The Board and general manager shall have frequent inspections made of the premises of all license holders. (b) The Board may impose the penalties in Sec. 22-2706 of this title if, after a public hearing, the Board finds that: (1) a license holder or an agent or employee of the license holder: (i) has violated this article or regulations adopted under this article; (ii) has failed to observe in good faith the purposes of this article; or (iii) has not maintained the premises in a clean and sanitary manner; (2) on the licensed premises there is: (i) illegal gambling; (ii) an illegal gambling device; or (iii) an alcoholic beverage not authorized to be sold under the appropriate license; or (3) the license holder has been convicted in federal or State court of a felony. (c) (1) The Board shall report its findings within 14 calendar days after the hearing or, if earlier, at the next regularly scheduled meeting of the Board. (2) The Board shall report cases of potential criminal wrongdoing to the State's Attorney and the Sheriff for prosecution. #### Section 22-2103 (a) (1) Subject to paragraph (2) of this subsection, the Board may not issue a license to an applicant if the license has been previously denied, suspended, or revoked unless: (i) (1) the applicant executes a surety bond of $1,000 to the State; (2) the Board approves the surety; and (3) the surety bond is conditioned on the faithful observance of the laws governing alcoholic beverages in the State; or (ii) the Board: (1) accepts $1,000 in cash; and (2) deposits the cash and records the deposit. (2) The Board may waive a required surety bond or cash deposit. (b) The bond shall secure the payment of all costs, fines, and penalties imposed on the applicant on a charging document for a violation of alcoholic beverages laws in the county. (c) (1) The applicant shall deposit an approved bond with the Board. (2) The Board shall record the bond in a book kept for that purpose. (3) The record or a certified copy of the record is evidence of the bond. (d) The Board may stop requiring a license holder to post bond if the Board finds that the license holder has complied with the terms of a bond for 1 calendar year. (e) (1) The Board may petition for forfeiture of the bond in circuit court if: (i) the Board determines that the license holder has failed to observe the terms of the bond; and (ii) sufficient notice is given to the license holder. (2) If the circuit court declares the bond forfeited, the bond shall be payable to the Board. ### Subtitle 22. Expiration of Licenses #### Section 22-2201 Title 4, Subtitle 7 ("Expiration of Local Licenses") of Division I of this article applies in the county without exception or variation. #### Section 22-2202 The Board may authorize the closing of a licensed premises for not more than 9 months if: (1) the Board determines that the licensed premises is seasonally operated; and (2) the license holder submits a written request to the Board at least 30 days before: (i) the anticipated date of closing; and (ii) the anticipated date of reopening. ### Subtitle 23. Death of License Holder #### Section 22-2301 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 22-2401 (a) The following sections of Title 4, Subtitle 9 ("Judicial Review") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-902 ("Judicial review of decision of local licensing board"); (2) Sec. 4-903 ("Petitioners"); (3) Sec. 4-904 ("Stay of local board's petition"); (4) Sec. 4-906 ("Representation of local licensing board"); (5) Sec. 4-907 ("Affirmations, modifications, and reversals"); and (6) Sec. 4-908 ("Appeals to Appellate Court of Maryland and Supreme Court of Maryland"). (b) Section 4-905 ("Scope of judicial review") of Division I of this article applies in the county, subject to Sec. 22-2403 of this subtitle. #### Section 22-2402 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. #### Section 22-2403 The Board may choose to: (1) have an action for judicial review tried before a jury; and (2) if the Board has suspended or revoked a license, allow the license holder to operate pending the outcome of the judicial review. ### Subtitle 25. Unlicensed Establishments #### Section 22-2501 (a) Except as provided in subsection (b) of this section and otherwise provided in this article, a person may not knowingly allow the consumption, possession, or transfer of alcoholic beverages in an establishment that is a restaurant, tavern, hotel, club, dance studio, disco, or place of public entertainment if: (1) the establishment is not licensed by the Board; (2) the person possesses or controls the establishment as owner, lessee, or user; and (3) the establishment is: (i) open to the public or licensed by the State; or (ii) licensed by the State or a county unit other than the Board. (b) (1) The prohibition under subsection (a) of this section does not apply to: (i) the room of a registered guest in a hotel, motel, or hospice; or (ii) the property of: (1) a volunteer fire company; (2) a catering establishment; (3) a community or civic association; (4) a swim club; (5) a social, civic, nonprofit, charitable, fraternal, patriotic, educational, or public service organization; or (6) a religious institution that has been in existence for at least 3 years. (2) The Board may exempt a place similar to one listed in paragraph (1) of this subsection on a case-by-case basis. (3) The Board shall adopt regulations to administer this subsection. (c) An owner, a manager, or an employee of an establishment subject to the prohibitions of this section who knowingly allows the prohibited consumption in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. #### Section 22-2502 (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 22-2601 (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. 22-2602 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. 22-2604 of this subtitle; and (2) Sec. 6-211 ("Fines and forfeitures"), subject to Sec. 22-2606 of this subtitle. #### Section 22-2602 The county may: (1) adopt an ordinance or a 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 22-2603 (a) If the Board or an inspector of the Board receives a complaint or information about a violation of this title by a license holder, the Board shall order an inspector to investigate. (b) If the investigation shows that the complaint or information is supported by evidence, the Board shall handle the case in accordance with Sec. 22-2102 of this title. #### Section 22-2604 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 22-2605 An inspector who investigates a license violation may issue a civil citation as provided in Sec. 10-119 of the Criminal Law Article. #### Section 22-2606 Each fine imposed or recognizance forfeited for a violation of this article that was committed in the county shall be payable to the Board. ### Subtitle 27. Prohibited Acts #### Section 22-2701 (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. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"); (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. 6-320 ("Disorderly intoxication"); (14) Sec. 6-321 ("Consumption of alcoholic beverages in public"); (15) Sec. 6-323 ("Possession or use of Alcohol Without Liquid machine"); (16) Sec. 6-326 ("Sale of alcoholic beverages in powder or crystalline form prohibited"); (17) Sec. 6-327 ("Unlicensed out-of-state sale of alcoholic beverages"); (18) Sec. 6-328 ("Tax evasion"); (19) Sec. 6-329 ("Destruction of evidence"); and (20) 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. 22-2702 of this subtitle; (2) Sec.Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder") and 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder"), subject to Sec. 22-2703 of this subtitle; and (3) Sec. 6-322 ("Possession of open container"), subject to Sec. 22-2704 of this subtitle. #### Section 22-2702 A license holder may not be found guilty of a violation of Sec. 6-304 of this article if the license holder establishes to the satisfaction of the finder of fact that the license holder used due caution to establish that the individual was not under the age of 21 years. #### Section 22-2703 A person may possess alcoholic beverages on the premises of a license holder if: (1) the alcoholic beverages are owned by a member of a club licensed for the sale of beer and wine or beer, wine, and liquor and are consumed on the premises; (2) the alcoholic beverages: (i) have been brought on the premises of an on-sale restaurant for consumption and use in a private dining room at a private gathering; and (ii) have not been provided by the license holder of the restaurant; or (3) a dance or social event is: (i) held on the premises of an establishment of a holder of a Class C license; and (ii) (1) advertised as being bring your own (BYO); or (2) sponsored by a member of the club or by a guest that a club member sponsors. #### Section 22-2704 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. #### Section 22-2705 (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. #### Section 22-2706 (a) A license holder who operates a pool or billiard parlor on the licensed premises may not allow an individual under the age of 18 years, unless accompanied by a parent, to enter into or loiter about the part of the premises devoted to the playing of pool or billiards. (b) After a public hearing, if the Board determines that a license holder or an agent or employee of the license holder has violated this section, the Board may impose: (1) for a first offense within the licensing period: (i) a fine not exceeding $2,000; or (ii) suspension or revocation of the license; or (2) for a subsequent offense within the same licensing period as the first offense: (i) a fine not exceeding $2,000; and (ii) suspension or revocation of the license. ### Subtitle 28. Penalties #### Section 22-2801 (a) Section 6-402(b) ("General penalty -- Imposition of penalty") of Division I of this article applies in the county without exception or variation. (b) Section 6-402(a) ("General penalty -- In general") of Division I of this article does not apply in the county and is superseded by Sec. 22-2802 of this subtitle. #### Section 22-2802 (a) A person who violates this article is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both unless another penalty is specified. (b) (1) After a person is convicted for the illegal sale, offer of sale, or possession of alcoholic beverages, the Sheriff or other law enforcement officer in the county shall seize the alcoholic beverages and deliver them to the Board. (2) The Board shall sell the alcoholic beverages and pay the proceeds to the County Treasurer. --- Md. Code Ann., Alco. Bev. (as displayed at mgaleg.maryland.gov, October 16, 2026)