# Alcoholic Beverages and Cannabis (GAB)

## Title 23. Howard County

### Subtitle 1. Definitions; General Provisions

#### Section 23-101

(a) In this title:

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

  (2) the following words have the meanings indicated.

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

(c) "County" means Howard County.

(d) "Light wine" means wine that contains not more than 15.5% of alcohol by volume.

#### Section 23-102

This title applies only in Howard County.

#### Section 23-103

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

### Subtitle 2. Board of License Commissioners; Appointed Alcoholic Beverage Hearing Board

#### Section 23-201

In this subtitle, "Hearing Board" means the Appointed Alcoholic Beverage Hearing Board established under Sec. 23-204 of this subtitle.

#### Section 23-202

There is a Board of License Commissioners for Howard County.

#### Section 23-203

(a) The County Council sits as the Board of License Commissioners.

(b) A member of the Board of License Commissioners is subject to the public ethics laws of the county.

#### Section 23-204

There is an Appointed Alcoholic Beverage Hearing Board in the county.

#### Section 23-205

(a)

  (1) The County Executive shall appoint five members to the Hearing Board subject to confirmation by the County Council in accordance with this section.

  (2) One member shall be from each councilmanic district.

  (3) Not more than three members may be registered with the same political party.

  (4)

    (i) Each political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election shall have at least one representative on the Hearing Board.

    (ii) If a political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election does not have at least one representative on the Hearing Board, the next vacancy on the Hearing Board shall be filled with an individual registered with that party.

(b)

  (1) Each member of the County Council shall nominate to the County Executive three qualified individuals who live in the district of the member of the County Council.

  (2) The County Executive shall appoint to the Hearing Board one individual from the list of nominees that each member of the County Council submits.

  (3) The County Council by resolution shall confirm the appointment of Hearing Board members.

(c) To qualify for appointment as a Hearing Board member, an individual shall be:

  (1) of good moral character and integrity;

  (2) a registered voter of the county immediately prior to the appointment; and

  (3) at least 21 years old.

(d)

  (1) A Hearing Board member:

    (i) may not hold another public office or be employed by the county government;

    (ii) shall be a registered voter of the county during the Hearing Board member's term of office; and

    (iii) is subject to the public ethics laws of the county.

  (2) Except as provided in paragraph (3) of this subsection, a Hearing Board member may not have a direct or indirect interest in:

    (i) a premises where alcoholic beverages are manufactured or sold; or

    (ii) a business wholly or partly devoted to the manufacture or sale of alcoholic beverages.

  (3) A Hearing Board member may be a holder of a 1-day or 2-day license.

(e)

  (1) The term of a Hearing Board member is 5 years.

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

  (3) A Hearing Board member whose term has expired and who has served 8 or more consecutive years on the Hearing Board is not eligible for immediate reappointment to the Hearing Board.

(f) A Hearing Board member who is appointed to fill a vacancy shall serve the remainder of the unexpired term and until a successor is appointed and qualifies.

(g) The County Council may remove a Hearing Board member for:

  (1) incompetence;

  (2) misconduct;

  (3) unprofessional conduct;

  (4) dishonorable conduct;

  (5) neglect of a duty required by law;

  (6) failure to meet the qualifications of subsection (c) of this section; or

  (7) a violation of subsection (d)(2) of this section.

#### Section 23-206

From among its members, the Hearing Board shall elect a chair.

#### Section 23-207

(a)

  (1) A majority of the members then serving on the Hearing Board is a quorum.

  (2) A majority of the authorized membership of the Hearing Board is needed to take action.

(b) The Hearing Board shall meet at least once each month.

(c)

  (1) The compensation of the Hearing Board members for the performance of their duties shall be the amount set by the County Council.

  (2) The compensation for members of the Board of License Commissioners for the performance of their duties shall be:

    (i) for the chair, $55 per meeting attended, not to exceed $1,300 in a fiscal year regardless of the number of meetings attended; and

    (ii) for each other member of the Board of License Commissioners, $50 per meeting attended, not to exceed $1,200 in a fiscal year regardless of the number of meetings attended.

(d)

  (1) Personnel needed to carry out the duties of the Hearing Board and the Board of License Commissioners shall be:

    (i) included in the staff of the County Council; and

    (ii) supervised by the County Council Administrator.

  (2)

    (i) The County Police Department shall employ inspectors to assist the Hearing Board and the Board of License Commissioners in carrying out their responsibilities and in enforcing the law.

    (ii) An inspector who investigates a license violation may issue a civil citation as provided in Sec. 10-119 of the Criminal Law Article.

    (iii) The Chief of the County Police Department shall have final selection authority over the hiring of the inspectors.

  (3) An employee of the Hearing Board or the Board of License Commissioners is subject to the public ethics laws of the county.

(e)

  (1) The Hearing Board and the Board of License Commissioners shall submit an annual budget request to the County Council not later than January 15 in each year for the ensuing fiscal year.

  (2) The budget request shall include:

    (i) salaries for the Hearing Board chair and other Hearing Board members;

    (ii) compensation of personnel assigned to the Hearing Board; and

    (iii) expenses for office supplies, equipment, and services to carry out the responsibilities of the Hearing Board.

  (3)

    (i) The County Council shall:

      (1) review the budget request; and

      (2) submit a budget for the Hearing Board and the Board of License Commissioners to the County Executive in the amount that the County Council determines is adequate to support the duties and responsibilities of the Hearing Board and the Board of License Commissioners.

    (ii) The County Executive shall include the budget for the Hearing Board and the Board of License Commissioners as submitted by the County Council in the county budget that is prepared in accordance with Article VI of the Howard County Charter.

#### Section 23-208

(a) Except as provided in subsection (c) of this section, the Board of License Commissioners shall delegate to the Hearing Board the authority to hold hearings and decide cases involving a license holder.

(b) The Hearing Board shall give the Board of License Commissioners regular and prompt notice of the filing of each:

  (1) application for a license or change in license; and

  (2) petition alleging that a violation of an alcoholic beverages law has occurred.

(c) After giving notice to the Hearing Board and the applicant or license holder, the Board of License Commissioners may exercise original jurisdiction for and hear a case that is before the Hearing Board if the Board of License Commissioners determines that exercising original jurisdiction is desirable and in the public interest.

(d)

  (1) After the Hearing Board proposes a decision regarding a case before it, a party, another participant in the matter, or another person who would be aggrieved by the decision may request that the Board of License Commissioners hold a hearing and make a final decision.

  (2) A person that makes a request to the Board of License Commissioners under this subsection shall:

    (i) make the request in writing;

    (ii) include a copy of the proposed decision and order of the Hearing Board;

    (iii) state the reasons why the person believes that the proposed decision or order is wrong; and

    (iv) send a copy of the request and accompanying materials to all other parties to the case.

  (3) If a request is submitted to the Board of License Commissioners, the proposed decision of the Hearing Board is stayed until resolution of the case by the Board of License Commissioners.

  (4) After a request for a hearing is submitted to the Board of License Commissioners, any other party to the proceeding may submit to the Board of License Commissioners a response stating why the proposed decision and order by the Hearing Board should be upheld.

(e)

  (1) After the deadline to file a response to a request for a hearing, the Board of License Commissioners shall:

    (i) schedule a public meeting to decide whether to hear the case; and

    (ii) notify the parties of the meeting date.

  (2) The proposed decision of the Hearing Board becomes final if:

    (i) a request for a hearing is not submitted to the Board of License Commissioners on or before the deadline for a request; or

    (ii) the Board decides not to hear the case.

  (3) After deciding to hear a case, the Board of License Commissioners shall:

    (i) schedule a de novo hearing at which the Board of License Commissioners may hear witnesses; and

    (ii) notify the parties of the hearing date.

  (4) After the close of the hearing record, the Board of License Commissioners shall issue a final decision to the parties.

#### Section 23-209

(a) The Board of License Commissioners or the Hearing Board may issue licenses.

(b) The county shall:

  (1) pay from the license fee receipts the salaries and expenses of the Board of License Commissioners; and

  (2) devote the balance of the receipts to the general purposes of the county.

#### Section 23-210

(a) The Hearing Board shall:

  (1) propose regulations to enable it to carry out its duties, including the issuance of licenses; and

  (2) submit the proposed regulations to the Board of License Commissioners for approval.

(b) The Board of License Commissioners may adopt regulations to carry out this article.

### Subtitle 3. Liquor Control

#### Section 23-301

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

### Subtitle 4. Manufacturer's Licenses

#### Section 23-401

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) The following sections of Title 2, Subtitle 2 ("Manufacturer's Licenses") of Division I of this article do not apply in the county:

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

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

(c) Section 2-209 ("Class 7 micro-brewery license") of Division I of this article applies in the county, subject to Sec. 23-403 of this subtitle.

#### Section 23-402

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 23-403

(a) The licensed premises for which a Class 7 micro-brewery license is issued may be separate from the restaurant premises for which a Class B beer, wine, and liquor license is issued, but shall be under the same roof.

(b) The Executive Director may issue the Class 7 micro-brewery license not more than 36 months before the restaurant is complete and the Class B beer, wine, and liquor (on-sale) license is issued.

(c) If the restaurant does not obtain a Class B beer, wine, and liquor (on-sale) license within 36 months after opening, the Class 7 micro-brewery license is revoked immediately.

(d) A Class 7 micro-brewery license holder may hold a Class 8 farm brewery license for a premises located in the county.

### Subtitle 5. Wholesaler's Licenses

#### Section 23-501

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

#### Section 23-502

Except as provided in Sec. 23-503 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 23-503

(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 23-601

(a) There is a Class A beer license.

(b)

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

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

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

(c) The annual license fee is $150.

#### Section 23-602

(a) There is a Class B beer license.

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

(c) The annual license fee is $150.

#### Section 23-603

(a) There is a Class C beer license.

(b)

  (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail to members of a club and their guests at the place described in the license for on-premises consumption.

  (2) A license may be issued only to a club:

    (i) that is composed exclusively of members who served in the armed forces of the United States;

    (ii) that is affiliated with a national organization;

    (iii) that has at least 75 members who paid dues as required by its national organization in the year immediately preceding the year for which the license is issued;

    (iv) with at least 75% of its membership consisting of individuals who have resided in the county for at least 2 years immediately preceding the date of the application for the license; and

    (v) that has maintained a post in the county for at least 3 years immediately preceding the date of the application.

(c) The annual license fee is $25.

#### Section 23-604

(a) There is a Class D beer license.

(b)

  (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at the place described in the license for on- and off-premises consumption.

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

(c) The annual license fee is $150.

### Subtitle 7. Light Wine Licenses

#### Section 23-701

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

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

(c)

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

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

(d) The annual license fee is $50.

### Subtitle 8. Beer and Wine Licenses

#### Section 23-801

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

(b)

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

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

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

(c) The annual license fee is $175.

#### Section 23-802

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

(b)

  (1) The Board may issue the license for use by a hotel or restaurant.

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

(c) The annual license fee is $175.

#### Section 23-803

(a) There is a Class C beer and wine 6-day license.

(b)

  (1) The Board may issue the license for use by a club that has held regular meetings at an established headquarters for 1 year before the application for the license is made.

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

(c) The annual license fee is $150.

(d) The holder of the license may purchase a Sunday permit for an additional annual fee of $75.

#### Section 23-804

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

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

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

(d) The annual license fee is $175.

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

#### Section 23-901

(a) There are:

  (1) a Class A-1 beer, wine, and liquor 7-day license; and

  (2) a Class A-2 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 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.

(c) 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.

(d) The annual license fees are:

  (1) $900 for a Class A-1, 7-day license; and

  (2) $700 for a Class A-2, 6-day license.

#### Section 23-902

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

(b) The Board may issue the license to the owner of a hotel that:

  (1) is in a building at least three stories tall that was originally constructed for hotel purposes;

  (2) has a capital investment of at least $500,000; and

  (3) contains:

    (i) at least one passenger elevator;

    (ii) at least 100 rooms to accommodate the public; and

    (iii) a dining room with facilities for preparing and serving regular meals for at least 125 individuals at one seating.

(c) The license authorizes the license holder to sell at a hotel or restaurant at the place described in the license:

  (1) beer, wine, and liquor at retail for on-premises consumption; and

  (2) beer, wine, and liquor in sealed containers for off-premises consumption only to a person who has purchased prepared food from the licensed premises.

(d)

  (1) The license holder may not display or provide shelving for beer, wine, or liquor for off-premises sales in areas of the establishment that are accessible to the public.

  (2) Off-sale alcoholic beverages receipts collected under the license shall be included in the calculation of average daily receipts from the sale of alcoholic beverages in a restaurant under Sec. 1-101 of this article.

  (3) The license holder may sell beer, wine, and liquor for off-premises consumption only when the licensed premises is open for business as a hotel or restaurant.

(e) The Board may limit the quantity of alcoholic beverages sold in a single transaction for off-premises consumption under the license.

(f) The Executive Director may issue one Class 8 farm brewery license and one Class 7 micro-brewery license to a license holder that holds not more than five Class B and six Class BLX beer, wine, and liquor licenses.

(g) The annual license fee is $1,000.

#### Section 23-903

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

(b) The Board may issue the license to:

  (1) a holder of:

    (i) a Class B (on-sale) beer, wine, and liquor license; or

    (ii) a Class BLX beer, wine, and liquor license; or

  (2) an applicant that does not hold another alcoholic beverages license.

(c)

  (1) The Board may issue the license only for use in a restaurant:

    (i) that has a minimum capital investment of $750,000 for restaurant facilities, not including the cost of land or buildings;

    (ii) for which construction began on or after July 1, 1992; and

    (iii) that has seating for at least 125 individuals.

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

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out under Sec. 23-2004(c) of this title.

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

#### Section 23-904

(a) There is a 7-day Class C beer, wine, and liquor license.

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

(c) The Board shall determine the annual license fee.

#### Section 23-905

(a) There is:

  (1) a Class D beer, wine, and liquor (on-sale) 6-day license;

  (2) a Class D beer, wine, and liquor (on-sale) 7-day license;

  (3) a Class D beer, wine, and liquor (on- and off-sale) 6-day license; and

  (4) a Class D beer, wine, and liquor (on- and off-sale) 7-day license.

(b)

  (1) An on-sale license under this section authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on-premises consumption.

  (2) An on- and off-sale license under this section authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on- and off-premises consumption.

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

(d)

  (1) Before the initial issuance of a license under subsection (a)(4) of this section, the owner shall attest in a sworn statement that gross receipts from food sales will be at least equal to 20% of the gross receipts from the sale of food and alcoholic beverages.

  (2) Before each renewal of a license issued under subsection (a)(4) of this section, the owner shall attest in a sworn statement that the gross receipts from food sales for the 12-month period immediately preceding the application for renewal were at least equal to 20% of the gross receipts from the sale of food and alcoholic beverages.

(e) The annual license fees are:

  (1) $600 for a 6-day (on-sale) license;

  (2) $1,000 for a 7-day (on-sale) license;

  (3) $800 for a 6-day (on- and off-sale) license; and

  (4) $1,000 for a 7-day (on- and off-sale) license.

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

#### Section 23-1001

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

(b) The Board may issue the license for use by a conference center or to its owner, whether or not operated for profit, that has:

  (1) at least 7,000 square feet of conference area; and

  (2) accommodations, equipment, and facilities designed for holding meetings, seminars, and conferences.

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

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under Sec. 23-2004 of this title.

(e) The annual license fee is $700.

#### Section 23-1002

(a) There is a Class C (continuing care retirement community) beer, wine, and liquor license.

(b) The Board may issue the license for use by a continuing care retirement community that:

  (1) has obtained a certificate of registration from the Department of Aging under Title 10, Subtitle 4 of the Human Services Article; and

  (2) operates only for the use of its residents and guests of the community.

(c) The license authorizes the license holder to sell beer, wine, and liquor to a resident or a guest of the community for on-premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under Sec. 23-2004 of this title.

(e) The annual license fee is $250.

#### Section 23-1003

(a) There is a Class C (country club) license.

(b) The Board may issue the license for use by a country club or to its owner, whether or not operated for profit, that has:

  (1) an annual limited membership; and

  (2) when the license is issued, a regular or championship golf course of 18 holes adjacent to the establishment for which a license is sought and other club facilities.

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

(d) The 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. 23-2004 of this title.

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

#### Section 23-1003.1

(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; and

  (2) shall maintain records and submit reports as required by the Board.

(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 23-1004

(a) There is:

  (1) a Class GC (golf course) beer and light wine license; and

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

(b) The Board may issue the license to an organization that owns or manages a golf course with at least 18 holes.

(c)

  (1) The license authorizes the license holder to sell the alcoholic beverages specified on the license for on-premises consumption.

  (2) The Board may place conditions on the location of sales and consumption, including:

    (i) prohibiting the sale and consumption of liquor on specified areas of premises with a Class GC (golf course) beer, wine, and liquor license; and

    (ii) allowing the sale and consumption of only beer and light wine on specified areas of the premises with a Class GC (golf course) beer, wine, and liquor license.

  (3) If the Board determines that circumstances warrant, the Board may restrict the sale of alcoholic beverages to beer and light wine on premises for which a Class GC (golf course) beer, wine, and liquor license is issued.

(d)

  (1) Except as provided in paragraph (2) of this subsection:

    (i) the holder of a Class GC (golf course) beer and light wine license may sell beer and light wine on Monday through Sunday, from 6:30 a.m. to 2 a.m. the following day; and

    (ii) the holder of a Class GC (golf course) beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6:30 a.m. to 2 a.m. the following day.

  (2) The Board may reduce the hours and days of sale for all or part of the licensed premises.

(e) The annual license fee is:

  (1) $350 for a Class GC (golf course) beer and light wine license; and

  (2) $1,500 for a Class GC (golf course) beer, wine, and liquor license.

#### Section 23-1004.1

(a) In this section, "marketplace" means a premises that:

  (1) accommodates the public; and

  (2) is equipped with five or more outlets for preparing and serving regular meals that may be consumed by patrons in a common seating area or anywhere else on the premises.

(b) There is a marketplace license.

(c) The Board may issue a marketplace license only to individuals on behalf of the person, firm, or corporation that owns, manages, or leases the marketplace.

(d)

  (1) The license authorizes the license holder to sell beer, wine, and liquor through vendors or agents from one or more outlets within the marketplace by the drink or by the bottle for on-premises consumption.

  (2) A license holder may obtain:

    (i) a refillable container permit under Sec. 23-1102 of this title to sell draft beer for off-premises consumption; and

    (ii) a nonrefillable container permit under Sec. 23-1104 of this title to sell draft beer for off-premises consumption.

(e) The marketplace shall have:

  (1) a minimum capital investment, not including the cost of land and buildings, of $1,000,000 for marketplace facilities;

  (2) a minimum seating capacity of 75 individuals;

  (3) a minimum capacity of 200 individuals and a maximum capacity of 500 individuals, as determined by the county Department of Fire and Rescue Services; and

  (4) average daily receipts from the sale of food that are at least 51% of the total daily receipts of the marketplace.

(f) An applicant for a marketplace license shall include with an application submitted to the Board a list of the names of each vendor or agent from the outlets within the marketplace that will be authorized to sell beer, wine, and liquor under the license.

(g)

  (1) Except as provided in paragraph (2) of this subsection, the hours of sale for the license are the same as the hours of sale for Class B beer, wine, and liquor licenses under Sec. 23-2004(b) of this title.

  (2)

    (i) The license holder may not exercise the privileges of the license on a day when a ticketed public event is held:

      (1) on a property adjacent to the licensed premises, if the adjacent property has a capacity of at least 4,000 individuals; or

      (2) on the same property as the licensed premises but under a different license, if the property has a capacity of at least 4,000 individuals.

    (ii) Notwithstanding subparagraph (i) of this paragraph, a license holder may exercise the privileges of the license on a day when a ticketed public event is held if the license holder obtains the written permission of the promoter or producer of the event before the event takes place.

(h)

  (1) The annual license fee is $6,000.

  (2) In addition to the annual license fee, the license holder shall pay annually:

    (i) $500, if the license holder provides live entertainment; and

    (ii) $200, if the license holder provides outdoor table service.

#### Section 23-1004.2

(a) There is a Class MT (movie theater) beer, wine, and liquor license.

(b) The Board may issue the license to the owner of a movie theater that holds a crowd control training certification.

(c) The license holder may sell beer, wine, and liquor at retail at the place described in the license for on-premises consumption by a patron who has purchased a ticket to a current or future showing of a movie on the licensed premises.

(d) The Board may set:

  (1) the hours and days of sale for the license;

  (2) the annual license fee; and

  (3) any other limitations on and requirements for the license that the Board considers necessary.

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

#### Section 23-1005

(a) There is a Class C (police officers' local affiliate) license.

(b)

  (1) The Board may issue the license for use by a local affiliate of an international organization of police officers that:

    (i) has at least 100 dues paying members; and

    (ii) charges each member at least $15 a month in dues.

  (2) The local affiliate shall operate the clubhouse where the license is in effect only for its own members and their guests.

(c) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption to members of the local affiliate and guests accompanied by members.

(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. 23-2004 of this title.

(e) The annual license fee is $500.

#### Section 23-1006

(a) There is a racetrack license.

(b) The Board may issue the license to the owner of a regularly licensed racing establishment, whether an individual, an association of individuals, or a corporation.

(c) The license authorizes the license holder to sell beer, wine, and liquor at one or more locations on the premises of the license holder's racing park.

(d) The license fee is $1,000 for each calendar year, payable to the County Director of Finance.

#### Section 23-1006.1

(a) In this section, "shopping mall" means a combination of commercial, professional, or retail establishments that:

  (1) are open to the general public for business purposes;

  (2) are under common ownership or control;

  (3) share common parking facilities; and

  (4) encompass at least 60 acres.

(b) There is a consumption only shopping mall plaza license.

(c) The Board may issue a consumption only shopping mall plaza license to the owner of a shopping mall if the shopping mall:

  (1) includes at least one restaurant for which a Class B license has been issued; and

  (2) contains a designated outdoor plaza for the consumption of alcoholic beverages.

(d) The license authorizes the license holder to allow the consumption of beer, wine, and liquor in a designated outdoor plaza located on the premises of the shopping mall if the beer, wine, or liquor is purchased at a restaurant:

  (1) that is located within the shopping mall;

  (2) for which a Class B license has been issued;

  (3) that is contiguous to the designated outdoor plaza; and

  (4) that uses containers branded with an identifying mark of the seller.

(e) As part of the license application, an owner of a shopping mall shall include:

  (1) a description of the designated outdoor plaza and a list of the contiguous license holders whose beer, wine, and liquor may be consumed in the designated outdoor plaza; and

  (2) a security plan that has been approved by the Howard County Police Department.

(f) The license holder may allow the consumption of beer, wine, and liquor in the designated outdoor plaza on Monday through Sunday, from 11 a.m. to 11 p.m.

(g) The annual license fee is $4,000.

(h)

  (1) In this subsection, "participating restaurant" means a restaurant described under subsection (d) of this section that participates in a coordinated promotion of a special event with the owner of a shopping mall in which the restaurant is located.

  (2)

    (i) There is a shopping mall plaza special event permit.

    (ii) The Board may issue the permit only to the holder of a consumption only shopping mall plaza license.

  (3) The holder of a consumption only shopping mall plaza license shall apply to the Board for the permit before the holder or a participating restaurant may publicize, sell tickets for, organize, operate, produce, or stage the special event.

  (4) The permit authorizes participating restaurants to operate additional bars or service counters for the sale and service of food and alcoholic beverages in the designated outdoor plaza described under the consumption only shopping mall plaza license during a special event.

  (5) The permit fee is $500.

#### Section 23-1007

(a) There is a Class C (veterans' club) license.

(b)

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

    (i) is composed exclusively of members who served in the armed forces of the United States;

    (ii) is affiliated with a national organization; and

    (iii) has at least 75 members who have paid the dues required by its national organization in the year immediately preceding the year for which the license is sought.

  (2) For the license to be issued:

    (i) at least 75% of the members of the club shall have resided in the county for at least 2 years immediately preceding the date of application for the license; and

    (ii) the club shall have maintained a post in the county for at least 3 years preceding the date of the application.

(c) The license authorizes the license holder to sell at retail at the place described in the license beer, wine, and liquor to members of the club and guests accompanied by members for on-premises consumption.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under Sec. 23-2004 of this title.

(e) The annual license fee is $250.

### Subtitle 11. Additional License Privileges

#### Section 23-1101

(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. 23-1102 of this subtitle;

  (2) Sec. 4-1105 ("Refillable container permit -- Wine"), subject to Sec. 23-1103 of this subtitle; and

  (3) Sec. 4-1106 ("Nonrefillable container permit -- Draft beer"), subject to Sec. 23-1104 of this subtitle.

#### Section 23-1102

(a) The Board may issue a refillable container permit for draft beer to a holder of any class of license except a Class C license and a Class GC license.

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

(c) There is no fee for the permit.

#### Section 23-1103

(a) The Board may issue a refillable container permit for wine to a holder of any class of license except a Class C license and a Class GC license.

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

(c) There is no fee for the permit.

#### Section 23-1104

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of any class of license except a Class C license and a Class GC license.

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

(c) There is no fee for the permit.

### Subtitle 12. Caterer's Licenses

#### Section 23-1201

### Subtitle 13. Temporary Licenses

#### Section 23-1301

(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. 23-1312 of this subtitle.

#### Section 23-1302

#### Section 23-1303

#### Section 23-1304

(a) There is a beer festival license.

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

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

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

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

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

(e) The Board shall:

  (1) choose 1 weekend each year for the festival;

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

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

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

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

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

#### Section 23-1305

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

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

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

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

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

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

(e)

  (1) Subject to paragraph (3) of this subsection, the Board shall choose 1 weekend each year for the wine festival.

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

  (3) The weekend chosen for the wine festival may not conflict with the dates chosen for the:

    (i) Anne Arundel County Beer and Wine Festival;

    (ii) Baltimore County Wine Festival;

    (iii) Cumberland and Shenandoah Valley Wine Festival in Washington County; or

    (iv) Maryland Wine Festival in Carroll County.

(f) The license fee is $15.

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

#### Section 23-1306

(a) There is a wine sampling (WS) license.

(b) The Board may issue the license to a nonprofit organization.

(c)

  (1) The license authorizes the on-premises consumption of wine for sampling:

    (i) on premises for which a Class B license has been issued with authorization of the holder of the license for the premises; or

    (ii) at a location that is not already licensed.

  (2) The license holder may carry wine onto the premises for wine sampling with the authorization of the owner or holder of the Class B license.

(d) The nonprofit organization shall apply for the license at least 15 days before the license is issued.

(e) The Board may issue not more than 12 licenses in a license year to a single nonprofit organization.

(f) The license holder may serve a quantity of not more than 2 ounces from each offering to an individual.

(g) The license fee is $15 per day.

#### Section 23-1307

(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, wine, and liquor (BWL) license or Class A beer and wine (BW) license.

(c) The license authorizes the holder to allow the on-premises consumption, for tasting, of:

  (1) beer; or

  (2) wine containing not more than 15.5% of alcohol by volume.

(d) A license holder may serve:

  (1) wine in a quantity of not more than 2 ounces from each offering and not more than 8 ounces from all offerings to an individual in a day; or

  (2) beer in a quantity of not more than 6 ounces from each offering and not more than 16 ounces from all offerings to an individual in a day.

(e) In addition to the fee of any other alcoholic beverages license, the annual license fee is $100.

#### Section 23-1308

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

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

(c) The license authorizes the holder to allow the on-premises consumption, for tasting, of:

  (1) beer;

  (2) wine containing not more than 15.5% of alcohol by volume; or

  (3) liquor.

(d) A license holder may serve:

  (1) wine in a quantity of not more than 2 ounces from each offering and not more than 8 ounces from all offerings to an individual in a day;

  (2) beer in a quantity of not more than 6 ounces from each offering and not more than 16 ounces from all offerings to an individual in a day; or

  (3) liquor in a quantity of not more than 1/2 ounce from each offering and not more than 2 ounces from all offerings to an individual in a day.

(e) In addition to any other alcoholic beverages license fee, the annual license fee is $100.

#### Section 23-1309

(a) In this section, "educational event" means an event at which a speaker provides instruction on how to develop a foundation of alcoholic beverages knowledge, including:

  (1) styles of beer, wine, and liquor;

  (2) methods of tasting beer, wine, and liquor;

  (3) pairing food and beer, wine, and liquor; and

  (4) serving, storing, and buying beer, wine, and liquor.

(b) The Board may issue:

  (1) an educational event beer and wine tasting (BWT) license; and

  (2) an educational event beer, wine, and liquor tasting (BWLT) license.

(c)

  (1) An educational event BWT license may be issued to a holder of:

    (i) a Class A beer and wine license; or

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

  (2) An educational event BWLT license may be issued to a holder of a Class A beer, wine, and liquor license.

(d)

  (1) An educational event BWT license authorizes the on-premises consumption, for tasting or sampling, of:

    (i) beer; or

    (ii) wine containing not more than 15.5% of alcohol by volume.

  (2) An educational event BWLT license:

    (i) has the privileges of a BWT license set out in paragraph (1) of this subsection; and

    (ii) authorizes the on-premises consumption, for tasting or sampling, of liquor.

  (3)

    (i) An educational event BWT license and educational event BWLT license authorize the license holder to provide alcoholic beverages from the license holder's inventory to a consumer who has preregistered for an educational event.

    (ii) The alcoholic beverages may be provided at a prorated charge that covers the cost of the educational event, including alcoholic beverages, snacks, and a speaker.

(e)

  (1) A holder of an educational event BWT license may not serve:

    (i) wine in a quantity of more than 1 ounce from any individual brand and more than 6 ounces in the aggregate to any one individual in a single day; or

    (ii) beer in a quantity of more than 2 ounces from any individual brand and more than 6 ounces in the aggregate to any one individual in a single day.

  (2) A holder of an educational event BWLT license:

    (i) is subject to the prohibitions set out in paragraph (1) of this subsection; and

    (ii) may not serve liquor in a quantity of more than 1/2 ounce from any individual brand and not more than 3 ounces in the aggregate to any one individual in a single day.

(f) In addition to the fee for any other license, the annual fees are:

  (1) $100 for an educational event BWT license; and

  (2) $100 for an educational event BWLT license.

#### Section 23-1310

#### Section 23-1311

#### Section 23-1312

The fee for a Class C per diem beer license, a Class C per diem beer and light wine license, and a Class C beer, wine, and liquor license is $15 per day.

#### Section 23-1313

(a) In this section, "entertainment venue" means a facility that is used as a cinema, theater, amphitheater, concert hall, or sports stadium.

(b) There is a Class C per diem entertainment venue beer, wine, and liquor license.

(c) The Board may issue the Class C per diem license to the holder of a Class C beer, wine, and liquor license for use in an entertainment venue that measures at least 200,000 square feet.

(d)

  (1) The Class C per diem license authorizes the license holder to sell beer, wine, and liquor on an immediately adjacent licensed premises for consumption on the premises of the holder of the per diem license and on the adjacent licensed premises.

  (2) License holders are responsible for:

    (i) all sale and consumption under their control or on their premises; and

    (ii) compliance with all applicable provisions of this article and local laws and regulations.

(e) The Board may not issue the per diem license unless the property owner of the adjacent licensed premises provides the Board with a statement authorizing the use of the licensed premises.

(f) The license holder may sell beer, wine, and liquor Monday through Sunday from 10 a.m. to 11 p.m.

(g) The Board shall determine the license fee.

#### Section 23-1314

(a) In this section, "entertainment venue" means a facility that is used as a cinema, theater, amphitheater, concert hall, or sports stadium.

(b) There is a Class D per diem entertainment venue beer, wine, and liquor license.

(c) The Board may issue the Class D per diem license to the holder of a Class D beer, wine, and liquor license for use in an entertainment venue that measures at least 200,000 square feet.

(d)

  (1) The Class D per diem license authorizes the license holder to sell beer, wine, and liquor on an immediately adjacent licensed premises for consumption on the premises of the holder of the per diem license and on the adjacent licensed premises.

  (2) License holders are responsible for:

    (i) all sale and consumption under their control or on their premises; and

    (ii) compliance with all applicable provisions of this article and local laws and regulations.

(e) The Board may not issue the per diem license unless the property owner of the adjacent licensed premises provides the Board with a statement authorizing the use of the licensed premises.

(f) The license holder may sell beer, wine, and liquor Monday through Sunday from 10 a.m. to 11 p.m.

(g) The Board shall determine the license fee.

### Subtitle 14. Applications for Licenses

#### Section 23-1401

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

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

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

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

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

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

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

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

(b) Section 4-110 ("Required information on application -- Petition for support") of Division I of this article does not apply in the county.

(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. 4-103 ("Application on behalf of partnership"), subject to Sec. 23-1403.1 of this subtitle;

  (2) Sec. 4-104 ("Application on behalf of corporation or club"), subject to Sec. 23-1404 of this subtitle;

  (3) Sec. 4-105 ("Application on behalf of limited liability company"), subject to Sec. 23-1404 of this subtitle;

  (4) Sec. 4-107 ("Criminal history records check"), subject to Sec.Sec. 23-1402, 23-1403, and 23-1408 of this subtitle; and

  (5) Sec. 4-109 ("Required information on application -- In general"), subject to Sec.Sec. 23-1403.1, 23-1404, and 23-1407 of this subtitle.

#### Section 23-1402

(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 county police.

#### Section 23-1403

The Board shall destroy the criminal history record information obtained under Sec. 4-107 of this article or Sec. 23-1805 of this title on completion of the application process.

#### Section 23-1403.1

An individual who is a resident of the State meets the residency requirements under Sec. 4-103 of this article.

#### Section 23-1404

(a) Except as provided in subsections (c) and (d) of this section, at least one of the applicants for a new license for a corporation or limited liability company shall certify that as long as the applicant is the holder of the license, the applicant shall:

  (1) own at least 10% of the stock in the corporation or interest in the limited liability company; or

  (2)

    (i) serve as the manager or supervisor of the corporation or limited liability company; and

    (ii) be physically present on a full-time basis at the licensed premises of the corporation or limited liability company to conduct the daily business involving transactions concerning alcoholic beverages sales.

(b) Except as provided in subsection (c) of this section, applicants for a license for a corporation or limited liability company shall submit:

  (1) an executed copy of the articles of incorporation or articles of organization; and

  (2) a schedule that states:

    (i) the name, address, and percentage of stock held by each stockholder holding at least 5% of the stock of a corporation; or

    (ii) the name, address, and percentage of interest held by each member holding at least 5% interest in a limited liability company.

(c)

  (1)

    (i) The stock or interest requirements established under subsection (a) of this section do not apply to a corporation or limited liability company in which:

      (1) the stock of the corporation or interest in the limited liability company is authorized for sale by the United States Securities and Exchange Commission; or

      (2) a majority of the stock of the corporation or interest in the limited liability company is owned or controlled directly or indirectly by one or more corporations or limited liability companies whose stock or interest is authorized for sale by the United States Securities and Exchange Commission.

    (ii) A corporation or limited liability company provided for in subparagraph (i) of this paragraph shall maintain one applicant as a manager or supervisor physically present on a full-time basis at the licensed premises to conduct the daily business involving transactions concerning alcoholic beverages sales.

  (2) The schedule requirement established under subsection (b) of this section does not apply to:

    (i) a corporation whose stock is authorized for sale by the United States Securities and Exchange Commission; or

    (ii) a limited liability company whose interest is authorized for sale by the United States Securities and Exchange Commission.

(d)

  (1) The requirements under subsection (a) of this section do not apply to an application for or renewal of a Class C (continuing care retirement community) beer, wine, and liquor license by a nonprofit organization if the manager or supervisor of the continuing care retirement community:

    (i) is identified on the application;

    (ii) receives alcohol awareness training from an approved alcohol awareness training program; and

    (iii) is physically present at the continuing care retirement community on a full-time basis.

  (2) A continuing care retirement community license shall be issued to:

    (i) a manager or supervisor; and

    (ii) two officers, one of whom shall be a resident of the State at the time the application is filed.

(e) An individual who is a resident of the State meets the residency requirements under Sec.Sec. 4-104 and 4-105 of this article.

#### Section 23-1405

(a) An applicant for a license in the county shall include on the application:

  (1) a statement whether the applicant is a natural-born citizen or a naturalized citizen; or

  (2) if the applicant is not a natural-born citizen or a naturalized citizen, information or documentation required by the Board to show proof of immigration status.

(b) The Board may obtain information from the Social Security Administration and the Department of Homeland Security - Immigration and Customs to verify the citizenship or immigration status of the applicant.

#### Section 23-1407

(a) At least one of the applicants for a license shall be a resident of the State.

(b) In the determination of the Board, each applicant shall:

  (1) be of good character; and

  (2) include the following information with the application:

    (i) a statement that the applicant is at least 18 years old; and

    (ii) a checklist and police consent form.

(c) The Board may waive the residency requirement for an applicant if the applicant:

  (1) is the purchaser of a business already in operation; or

  (2) has owned the premises for which a license is sought for at least 2 years immediately preceding the filing of the application.

#### Section 23-1408

The Board shall make criminal history record information in its possession available only to members, clerks, administrators, and inspectors of the Board and to members, clerks, administrators, and inspectors of the County Alcoholic Beverage Hearing Board.

### Subtitle 15. Issuance or Denial of Licenses

#### Section 23-1501

(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. 4-211 ("License forms; effective date; expiration"); and

  (6) Sec. 4-213 ("Replacement licenses").

(b)

  (1) Section 4-208 ("Notice of license application required") of Division I of this article does not apply in the county and is superseded by Sec. 23-1505 of this subtitle.

  (2) Section 4-214 ("Waiting periods after denial of license applications") of Division I of this article does not apply in the county and is superseded by Sec. 23-1507 of this subtitle.

(c) 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. 23-1502 of this subtitle;

  (2) Sec. 4-203 ("Prohibition against issuing multiple licenses to individual or for use of entity"), subject to Sec. 23-1504 of this subtitle;

  (3) Sec. 4-204 ("Prohibition against issuing multiple licenses for same premises"), subject to Subtitle 13, Part III and Subtitle 16, Part II of this title;

  (4) Sec. 4-210 ("Approval or denial of license application"), subject to Sec. 23-1509 of this subtitle; and

  (5) Sec. 4-212 ("License not property"), in addition to Sec. 23-1506 of this subtitle.

#### Section 23-1502

The Board may not issue a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license to a person that holds an out-of-state alcoholic beverages license.

#### Section 23-1503

In determining whether to approve an application for any new Class A license, the Hearing Board shall include in its written decision findings as to:

(1) each of the factors set forth under Sec. 4-210(a) of this article; and

(2) the consideration of the avoidance of the overconcentration of licenses in neighborhoods, particularly neighborhoods of poverty, as required under Sec. 23-1509 of this subtitle.

#### Section 23-1504

Unless otherwise expressly authorized by this article, a person may not have an interest in more than one license issued by the Board, regardless of whether that interest is held or controlled by direct or indirect ownership, stock ownership, interlocking directors or interlocking stock ownership, or any other direct or indirect manner.

#### Section 23-1505

(a) The applicant shall post a hearing notice for at least 15 days before the hearing on an application for:

  (1) a new license;

  (2) a change in the class of a license;

  (3) an extension of the licensed premises;

  (4) except as provided in subsection (e) of this section, a change of resident agent;

  (5) a transfer of a license; or

  (6) a transfer of location.

(b)

  (1) The applicant shall:

    (i) post the hearing notice required in subsection (a) of this section at the location described in the application;

    (ii) take a photograph of the hearing notice posted in accordance with subparagraph (i) of this paragraph; and

    (iii) send the photograph of the hearing notice to the Board before the hearing on the application.

  (2) The hearing notice required in subsection (a) of this section shall include:

    (i) the name of the applicant;

    (ii) the type of license for which the application is made;

    (iii) the location described in the application; and

    (iv) the date, time, and place set by the Board for a hearing on the application.

(c)

  (1) The Board shall post a hearing notice on the Board's website for at least 15 days before the hearing on an application.

  (2) The hearing notice required in paragraph (1) of this subsection shall include:

    (i) the name of the applicant;

    (ii) the type of license for which the application is made;

    (iii) the location described in the application; and

    (iv) the date, time, and place set by the Board for a hearing on the application.

(d)

  (1) The Board shall provide the hearing notice required in subsection (c) of this section to the Howard County Office of Public Information at least 15 days before the hearing on an application.

  (2) The Howard County Office of Public Information shall post the hearing notice in the same manner as other public meeting notices.

(e)

  (1) A hearing on an application for a change of resident agent is not required if the applicant:

    (i) is seeking to be a resident agent for the same license for which the applicant is a license holder; and

    (ii) has previously appeared and been approved at a nonviolation hearing for the same license before the Board of License Commissioners or the Appointed Alcoholic Beverage Hearing Board.

  (2) The Board may hold a hearing under paragraph (1) of this subsection if the Board determines there is good cause for the hearing.

#### Section 23-1506

A license is not:

(1) subject to a writ of execution by a judgment creditor of a license holder; or

(2) subject to a distraint for rent.

#### Section 23-1507

(a) If a license application is denied, another license application from the same applicant or for the same location may not be considered for 1 year after the denial.

(b) If a subsequent license application by the same applicant or for the same location is denied within a 2-year period after the first denial, another application may not be considered from that applicant or for that location until the 2-year period expires.

#### Section 23-1508

(a) The Board may give tentative approval to issuing a license for an establishment that is not completed, based on the plans and specifications that accompany the application.

(b) The Board may give final approval of a license application under this section on completion of the establishment in accordance with the plans and specifications.

#### Section 23-1509

Before the Board or the Hearing Board issues a license, the Board or the Hearing Board shall give particular consideration to the avoidance of the overconcentration of licenses in neighborhoods, particularly neighborhoods of poverty.

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

#### Section 23-1601

(a) This section does not apply to a Class A license issued for use in an existing shopping center or in a proposed shopping center development for which a building permit has been issued that contains 200,000 or more square feet of commercial retail space.

(b)

  (1) The Board may issue up to six Class A licenses in each election district in the county.

  (2) Notwithstanding paragraph (1) of this subsection, the Board may issue more than six Class A licenses in an election district, provided that the total number of Class A licenses in any election district does not exceed one Class A license of any type for every 4,000 residents of the election district, as determined by the latest federal census.

#### Section 23-1602

(a)

  (1) Subject to subsection (b) of this section, the Board may not issue:

    (i) a Class B license for a restaurant that is within 400 feet of the nearest point of a public school building; or

    (ii) any other license for an establishment that is within 500 feet of the nearest point of a public school building.

  (2) A decision of the County Board of Education to locate a public school building within 500 feet of the premises of a license holder may not be the basis to revoke or deny the renewal or transfer of the license.

(b) For a license issued on or before June 30, 1971, the Board may renew the license or approve the transfer of the license to a new license holder for the same establishment and type of license.

(c) The prohibition against issuing a license in subsection (a) of this section does not apply to the issuance of a gift basket permit.

#### Section 23-1603

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 23-1606

(a)

  (1) Subject to subsections (b) and (c) of this section, the Board may issue to an individual or for the use of a person one of the following groups of licenses but not both:

    (i) one Class D (on- and off-sale) beer, wine, and liquor license, five Class B (on-sale) beer, wine, and liquor licenses, and six Class BLX (luxury restaurant)(on-sale) beer, wine, and liquor licenses; or

    (ii) one Class D (on- and off-sale) beer, wine, and liquor license and eight Class BLX (luxury restaurant)(on-sale) beer, wine, and liquor licenses.

  (2) The licenses specified in paragraph (1) of this subsection are for separate premises.

(b) A person may not have a direct or indirect interest in any combination of more than one Class D and nine Class B and Class BLX licenses.

(c) For purposes of this section, an indirect interest is presumed to exist between two persons if both:

  (1) have a common parent company;

  (2) are linked by a franchise agreement, licensing agreement, or a concession agreement;

  (3) are part of a chain of businesses commonly owned and operated;

  (4) share:

    (i) directors, stockholders, partners, or members; or

    (ii) directors, stockholders, partners, or members of parents or subsidiaries;

  (5) share, directly or indirectly, profit from the sale of alcoholic beverages; or

  (6) share a common trade name, trademark, logo, or theme, or mode of operation identifiable by the public.

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

#### Section 23-1701

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

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

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

  (3) Sec.?4-305?("Filing fees and endorsement").

(b) Section 4-306 ("Substitution of names of officers on license") of Division I of this article does not apply in the county and is superseded by Sec. 23-1705 of this subtitle.

(c) Section 4-302 ("Transfer of place of business; transfer of license and inventory") of Division I of this article applies in the county, subject to Sec. 23-1702 of this subtitle.

#### Section 23-1702

The Board may not allow the transfer of a license unless all State and local personal property taxes owed by the transferor are paid.

#### Section 23-1703

(a) Except as provided in subsection (c) of this section, at least one of the applicants for the transfer of a license for a corporation or limited liability company shall certify that as long as the applicant is the holder of the license, the applicant shall:

  (1) own at least 10% of the stock in the corporation or interest in the limited liability company; or

  (2)

    (i) serve as the manager or supervisor of the corporation or limited liability company; and

    (ii) be physically present on a full-time basis at the licensed premises of the corporation or limited liability company to conduct the daily business involving transactions concerning alcoholic beverages sales.

(b) Except as provided in subsection (c) of this section, applicants for a license for a corporation or limited liability company shall submit:

  (1) an executed copy of the articles of incorporation or articles of organization; and

  (2) a schedule that states:

    (i) the name, address, and percentage of stock held by each stockholder holding at least 5% of the stock of a corporation; or

    (ii) the name, address, and percentage of interest held by each member holding at least 5% interest in a limited liability company.

(c)

  (1)

    (i) The stock or interest requirements established under subsection (a) of this section do not apply to a corporation or limited liability company in which:

      (1) the stock of the corporation or interest in the limited liability company is authorized for sale by the United States Securities and Exchange Commission; or

      (2) a majority of the stock of the corporation or interest in the limited liability company is owned or controlled directly or indirectly by one or more corporations or limited liability companies whose stock or interest is authorized for sale by the United States Securities and Exchange Commission.

    (ii) A corporation or limited liability company provided for in subparagraph (i) of this paragraph shall maintain one applicant as a manager or supervisor physically present on a full-time basis at the licensed premises to conduct the daily business involving transactions concerning alcoholic beverages sales.

  (2) The schedule requirement established under subsection (b) of this section does not apply to:

    (i) a corporation whose stock is authorized for sale by the United States Securities and Exchange Commission; or

    (ii) a limited liability company whose interest is authorized for sale by the United States Securities and Exchange Commission.

#### Section 23-1704

(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 on the premises described in the application.

(b) The notice required under subsection (a) of this section shall:

  (1) be posted by the inspector with the cooperation of the applicant; and

  (2) remain posted for at least 15 days before the hearing.

#### Section 23-1705

(a)

  (1) Subject to paragraph (2) of this subsection, for a license issued for the use of a corporation or club, the license holder may substitute on the license the name of a different officer for the name of any officer who:

    (i) has died;

    (ii) has retired; or

    (iii) no longer holds an office in the corporation or club.

  (2) A substitute officer shall be an individual approved by the Board who meets all the requirements applicable to the original officer.

(b) The license holder shall file an affidavit with the Board that contains:

  (1) the substitution of the officer; and

  (2) an explanation for the substitution.

(c) On receipt of the affidavit and payment of a $5 fee, the Board shall:

  (1) amend its records; and

  (2) issue a corrected license.

#### Section 23-1706

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

### Subtitle 18. Renewal of Licenses

#### Section 23-1801

(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. 4-405 ("Contents of renewal application");

  (4) Sec. 4-406 ("Protests");

  (5) Sec. 4-407 ("Denial of renewal application");

  (6) Sec. 4-408 ("Issuance of renewed licenses");

  (7) Sec. 4-409 ("Multiple licenses"); and

  (8) Sec. 4-410 ("Chain store, supermarket, or discount house").

(b) Section 4-404 ("Filing period for renewal application") of Division I of this article applies in the county, subject to Sec. 23-1802 of this subtitle.

#### Section 23-1802

If a license holder fails to file a license renewal application by April 1 of each year, the Board shall:

(1) consider the license to be expired as of its termination date; or

(2) impose a penalty on the license holder of $50 for each day the application is late.

#### Section 23-1803

Notwithstanding Sec. 23-1502 of this title, the Board may renew a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license originally issued to a holder of an out-of-state alcoholic beverages license.

#### Section 23-1804

Notwithstanding Sec. 23-1504 of this title, a person who has an interest in more than one license may renew the licenses.

#### Section 23-1805

The requirement for a criminal history records check under Sec. 4-107 of this article applies to applicants for license renewal.

### Subtitle 19. Conduct of License Holders

#### Section 23-1901

(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"); and

  (4) 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. 23-1902 of this subtitle;

  (2) Sec. 4-505 ("Alcohol awareness program"), subject to Sec. 23-1903 of this subtitle; and

  (3) Sec. 4-507 ("Retail delivery of alcoholic beverages"), subject to Sec. 23-1904 of this subtitle.

#### Section 23-1902

(a) A holder of a Class A, Class B, or Class C license may employ an individual who is at least 18 years old to sell or serve alcoholic beverages.

(b) A holder of a Class D license may employ an individual who is at least 18 years old to sell or serve beer and wine.

#### Section 23-1903

(a)

  (1) The license holder or an individual designated by the license holder who is employed in a supervisory capacity shall:

    (i) be certified by an approved alcohol awareness program; and

    (ii) except as provided in paragraph (2) of this subsection, be present on the licensed premises during the hours in which alcoholic beverages may be sold.

  (2) The license holder or individual specified in paragraph (1) of this subsection may be absent from the licensed premises for a personal or business reason or an emergency if the absence lasts for not more than 2 hours.

  (3) The Board shall require the license holder to keep a log book on the licensed premises that documents each temporary absence, the length of time of the absence, and the reason for the absence, in the form that the Board requires.

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

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

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

#### Section 23-1904

(a)

  (1) The holder of a Class A or Class D license or an employee of the license holder may deliver alcoholic beverages only within the county.

  (2) An employee making a delivery shall meet the age requirements of Sec. 23-1902 of this subtitle.

(b) The deliverer and individual receiving the delivery shall, at the time of delivery, endorse a delivery form that the Board approves, certifying that:

  (1) the individual receiving the delivery claimed to be at least 21 years old and the claim was supported by documentary evidence;

  (2) the individual receiving the delivery knew that it is a criminal offense for alcoholic beverages to be given to an individual under the age of 21 years; and

  (3) the deliverer examined the recipient's identification.

(c) A license holder or an employee of a license holder may not make a retail delivery of alcoholic beverages unless the purchaser:

  (1) or another individual at least 21 years old designated by the purchaser, is physically present to receive the alcoholic beverages at the time and place of delivery; and

  (2) pays for the purchase at the time of the order.

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

#### Section 23-2001

(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 23-2002

(a) Except as otherwise provided by the Board:

  (1) a holder of a 6-day Class A beer license may sell beer on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

  (2) a holder of a 7-day Class A beer license may sell beer on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class B beer license may sell beer on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(c)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class C beer license may sell beer on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(d) Except as otherwise provided by the Board:

  (1) a holder of a 6-day Class D beer license may sell beer on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

  (2) a holder of a 7-day Class D beer license may sell beer on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

#### Section 23-2003

(a) Except as otherwise restricted by the Board:

  (1) a holder of a 6-day Class A beer and light wine license may sell beer and light wine on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

  (2) a holder of a 7-day Class A beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class B beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(c) A holder of a Class B beer and light wine (B-SBW) (off-sale) license may sell beer and light wine on Monday through Sunday, from 10 a.m. to midnight.

(d)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class C beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(e) Except as otherwise provided by the Board:

  (1) a holder of a 6-day Class D beer and light wine license may sell beer and light wine on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

  (2) a holder of a 7-day Class D beer and light wine license may sell beer and light wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

#### Section 23-2004

(a) Except as otherwise provided by the Board:

  (1) a holder of a 6-day Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

  (2) a holder of a 7-day Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(c)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class BLX (luxury restaurant) (on-sale) beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(d)

  (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

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

(e) Except as otherwise provided by the Board:

  (1) a holder of a 6-day Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

  (2) a holder of a 7-day Class D beer, wine, and liquor license may sell beer, wine, and liquor Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

#### Section 23-2005

(a) A license holder, other than a holder of a Class A license, may sell alcoholic beverages authorized by the license at all times on January 1.

(b) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on December 24 and December 31, from 6 a.m. to midnight regardless of the day of the week on which December 24 and December 31 fall.

### Subtitle 21. Revocation and Suspension of Licenses

#### Section 23-2101

(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"); and

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

(b) Section 4-605 ("Nudity and sexual displays") of Division I of this article does not apply in the county.

(c) Section 4-604 ("Grounds for revocation or suspension") of Division I of this article applies in the county, subject to Sec. 23-2102 of this subtitle.

#### Section 23-2102

In addition to the grounds for revocation or suspension in Sec. 4-604 of this article, the Board may revoke or suspend a license if the Board finds that a license holder or an agent or employee of a license holder has violated this article or a rule or regulation of the Board.

### Subtitle 22. Expiration of Licenses

#### Section 23-2201

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

### Subtitle 23. Death of License Holder

#### Section 23-2301

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 23-2401

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

#### Section 23-2402

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

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

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

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

#### Section 23-2403

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

### Subtitle 25. Unlicensed Establishments

#### Section 23-2501

(a) In this subtitle, "place of adult entertainment" means an establishment that:

  (1) is not licensed by the Board but to which a customer brings alcoholic beverages that the customer has purchased elsewhere; and

  (2) allows at its location a form of sexual display or attire prohibited under Sec. 4-605 of this article.

(b) An individual who serves food, alcoholic beverages, or setups, including drinking containers and ice, in a place of adult entertainment or who supervises or manages a place of adult entertainment shall:

  (1) receive alcohol awareness training as provided in Sec. 4-508 of this article; and

  (2) refuse to facilitate the continued consumption of alcoholic beverages by a customer who appears to be inebriated.

(c) The hours and days during which a place of public entertainment may be open are Monday through Saturday, from 11:30 a.m. to 1:30 a.m. the following day.

(d)

  (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each violation.

  (2) Each day of operation in violation of this section is a separate violation.

#### Section 23-2502

(a) A person may not bring into a place of adult entertainment and consume or transfer alcoholic beverages, if the entertainment in the place is adult entertainment described in Sec. 4-605 of this article.

(b) A person who operates a place of adult entertainment may not allow a female entertainer to exhibit her breasts below the top of the areola or exhibit the cleft of her buttocks.

(c)

  (1) A person who operates a place of adult entertainment who knowingly allows a violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each violation.

  (2) Each day of operation in violation of this section is a separate violation.

#### Section 23-2503

(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 23-2601

Title 6, Subtitle 2 ("Enforcement") of Division I of this article applies in the county without exception or variation.

#### Section 23-2602

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

(b)

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

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

### Subtitle 27. Prohibited Acts

#### Section 23-2701

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

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

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

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

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

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

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

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

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

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

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

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

  (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. 23-2702 of this subtitle;

  (2) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"), subject to Sec. 23-2703 of this subtitle; and

  (3) 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. 23-2704 of this subtitle.

#### Section 23-2702

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

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

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

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

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

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

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

#### Section 23-2703

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

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

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

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

#### Section 23-2704

(a)

  (1) The prohibitions in Sec.Sec. 6-308 and 6-319 of this article concerning the on-premises consumption of alcoholic beverages not purchased from a license holder do not apply to a social event, including a dance, wedding, or fundraiser, that is held in a hall rented from and located on the premises of a veterans organization that holds a license.

(2) The veterans organization may not sell or provide alcoholic beverages to the individuals attending the social event.

(b) Residents and guests of residents in a continuing care retirement community that holds a Class C (continuing care retirement community) beer, wine, and liquor license may consume beer, wine, or liquor not purchased from the continuing care retirement community if:

  (1) the beer, wine, or liquor is consumed with a meal in the dining room; and

  (2) the continuing care retirement community:

    (i) is operated by a nonprofit organization for the continuing care retirement of individuals at least 60 years old;

    (ii) has been incorporated for at least 1 year;

    (iii) has obtained a certificate of registration from the Department of Aging under Title 10, Subtitle 4 of the Human Services Article; and

    (iv) prepares and serves meals during regular operating hours to residents and their guests.

#### Section 23-2705

(a) A holder of an on-sale license may not allow an individual under the age of 18 years to play a game of chance or skill, including pool, billiards, shuffleboard, or a pinball or console machine, in the licensed establishment unless the individual is accompanied by a parent or guardian.

(b) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $100 or both.

#### Section 23-2706

(a) A person engaged in the manufacture or sale of alcoholic beverages, an applicant for a license, and a license holder may not, directly or indirectly, offer or make a payment or gift of more than nominal value to:

  (1) a member of the Board or Hearing Board;

  (2) an employee of the member of the Board or Hearing Board; or

  (3) an agent acting on behalf of a member of the Board or Hearing Board or employee assigned to the Board or Hearing Board.

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

### Subtitle 28. Penalties

#### Section 23-2801

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

#### Section 23-2802

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

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

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