# Alcoholic Beverages and Cannabis (GAB)

## Title 25. Montgomery County

### Subtitle 14. Applications for Licenses

#### Section 25-1401

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

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

(b) The following sections of Title 4, Subtitle 1 ("Applications for Local Licenses") of Division I of this article do not apply in the county:

  (1) Sec. 4-103 ("Application on behalf of partnership"), which is superseded by Sec. 25-1404 of this subtitle;

  (2) Sec. 4-104 ("Application on behalf of corporation or club"), which is superseded by Sec. 25-1405 of this subtitle;

  (3) Sec. 4-105 ("Application on behalf of limited liability company"), which is superseded by Sec. 25-1406 of this subtitle;

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

  (5) Sec. 4-111 ("Payment of license fees"), which is superseded by Sec. 25-1410 of this subtitle.

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

  (1) Sec. 4-107 ("Criminal history records check"), subject to Sec.Sec. 25-1402 and 25-1403 of this subtitle;

  (2) Sec. 4-109 ("Required information on application -- In general"), subject to Sec.Sec. 25-1408 and 25-1409 of this subtitle; and

  (3) Sec. 4-113 ("Refund of license fees"), subject to Sec. 25-1411 of this subtitle.

#### Section 25-1402

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

#### Section 25-1403

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

#### Section 25-1404

(a)

  (1) Except as provided in subsection (b) of this section, an application for a license on behalf of a partnership shall be made by and the license issued to at least two general partners as individuals.

  (2) When an application for a partnership is filed, at least one of the general partners who applies is required to reside in the State.

(b) An application for a license shall be made by and the license issued to one general partner as an individual if:

  (1) the partnership has only one general partner; and

  (2) the general partner resides in the State at the time of application.

#### Section 25-1405

(a)

  (1) Except as provided in paragraph (2) of this subsection, a license on behalf of a corporation or club shall be applied for and issued to three officers of the corporation or club, as individuals.

  (2) If a corporation or club has fewer than three officers, each officer shall apply for a license.

(b) An officer who is a resident of the State at the time the application is filed meets the residency requirements under Sec. 4-104 of this article.

#### Section 25-1406

(a) Except as provided in subsection (b) of this section, a license on behalf of a limited liability company shall be applied for by and issued to three authorized persons of the limited liability company, as individuals.

(b)

  (1) If a limited liability company has fewer than three authorized persons, each authorized person shall apply for a license.

  (2) An individual who is a resident of the State at the time the application is filed meets the residency requirements under Sec. 4-105 of this article.

#### Section 25-1408

An applicant who is the lessee of the entire building in which the business is to be conducted for the entire term of the license need not include in the application a statement and acknowledgment by the owner assenting to the license and authorizing a warrantless search of the premises at any time.

#### Section 25-1409

(a) This section does not apply to an application for a temporary license issued in accordance with Subtitle 13 of this title.

(b)

  (1) Subject to paragraph (2) of this subsection, an applicant shall submit with the application clear and recent photographs and copies of the fingerprints of the applicant and of the person who will be actively in charge of the business to be conducted under the license.

  (2) A photograph submitted under paragraph (1) of this subsection may be a copy of a government-issued photograph.

#### Section 25-1410

The Board shall collect the license fees.

#### Section 25-1411

If a license holder voluntarily surrenders the license at least 6 months before the license expiration date, the license holder is entitled to a refund of the unearned portion of the license fee.

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