This section does not apply to: a country club; or a restaurant in the country inn zone of the county where alcoholic beverages are sold only for on–premises consumption. The Board may not issue a license for an establishment in: Barnesville, except as provided in § 25–1602 of this subtitle; Damascus (12th election district), except as provided in § 25–1603 of this subtitle; Kensington, except as provided in § 25–1604 of this subtitle; Laytonsville, except as provided in § 25–1605 of this subtitle; Takoma Park, except as provided in § 25–1607 of this subtitle; or Washington Grove. This section does not prohibit the issuance of a license with an on–sale privilege for the sale of: beer during daylight hours for a restaurant, snack bar, or similar facility on land owned by the Montgomery County Revenue Authority and operated in connection with a public golf course; or beer and wine for a restaurant on land owned by the Montgomery County Revenue Authority and operated in connection with an airport.

In Barnesville, the Board may issue a 7–day on–sale beer, wine, and liquor license to a religious, fraternal, civic, or charitable organization.

This section applies only to Damascus (12th election district). The Board may issue a Class B beer, wine, and liquor license. The Board may issue a 7–day Class C (on–sale) beer, wine, and liquor license to a volunteer fire department. Subject to paragraph (2) of this subsection: the Board may issue Class H beer and wine, hotel and restaurant licenses; and the licenses may be renewed or transferred. A license may be issued, transferred, or renewed if: pool tables, billiard tables, shuffleboards, dart boards, video games, pinball machines, or recreational devices are not used in the licensed premises; and except for beer in containers sold for off–premises consumption as authorized under subsection (e) of this section, alcoholic beverages served by the license holder are consumed by customers while the customers are seated. The Board may issue to the holder of a Class H beer and wine license: a refillable container permit for draft beer under § 25–1103 of this title; or a nonrefillable container permit for draft beer under § 25–1104.1 of this title.

This section applies only to Kensington. Except as otherwise provided in this section, the Board may issue, renew, approve the transfer of, and otherwise provide for: a 2–day on–sale beer and wine license or a 2–day on–sale beer, wine, and liquor license to a person holding an event between the hours of 10 a.m. to 10:30 p.m. for which the town has issued a permit on property owned or controlled by the town or on private commercially zoned property; beer and wine tasting (BWT) licenses, as provided in § 25–1306 of this title; in accordance with subsection (c) of this section, a Class A–K beer and wine license that authorizes the license holder to sell beer or wine for off–premises consumption; a Class B–K beer and wine license that authorizes the license holder to sell beer or wine at a hotel or restaurant, at the place described in the license, for on– and off–premises consumption; a Class B–K beer, wine, and liquor license that authorizes the license holder to sell beer, wine, and liquor at a hotel or restaurant, at the place described in the license for on– and off–premises consumption; in accordance with § 25–903 of this title, a Class BD–BWL beer, wine, and liquor license; a Class C beer and wine license that authorizes the license holder to sell beer and wine, at the place described in the license, to members of a private social club and guests of members, for on–premises consumption; a Class D–K beer license that authorizes the license holder to sell beer, at the place described in the license, for on– and off–premises consumption; a Class D–K beer and wine license that authorizes the license holder to sell beer and wine, at the place described in the license, for on– and off–premises consumption; a Class H beer and wine license that authorizes the license holder to sell beer and wine at a hotel or restaurant, at the place described in the license, for on–premises consumption; in accordance with § 4–1102 of this article, the consumption of wine not purchased from the license holder on a licensed premises; in accordance with § 4–1103 of this article, the removal of a partially consumed bottle of wine from a licensed premises; in accordance with § 25–1002 of this title, a beauty salon license; in accordance with § 25–1005 of this title, a continuing care retirement community license; in accordance with § 25–1007 of this title, a country club license; in accordance with § 25–1009 of this title, a fraternal/sororal/service organization license; in accordance with § 25–1014 of this title, a veterans’ organization or club license; in accordance with § 25–1103 of this title, a refillable container permit for draft beer for a Class D–K license; and in accordance with § 25–1104 of this title, a refillable container permit for wine for a Class D–K license. Subject to paragraph (2) of this subsection, the Board may issue, in aggregate, not more than 20 Class A–K (off–sale) beer and wine licenses. The Board, by majority vote, may issue one additional Class A–K beer and wine license if there is: a public hearing before the town council; and a subsequent request made by the town council. A Class A–K beer and wine license holder may sell beer and wine for off–premises consumption Monday through Sunday, from 10 a.m. to 10 p.m. A Class 9 limited distillery license may be issued to a Class B–K beer, wine, and liquor license holder. Not more than four Class 9 limited distillery licenses, in aggregate, may be issued. The annual license fee for each class of license is equal to the fee required by the county for a comparable license. The holder of a Class B–K beer and wine license, a Class B–K beer, wine, and liquor license, or a Class H beer and wine license shall maintain average daily receipts from the sale of food, not including carryout food, of at least 40% of the overall average daily receipts. The Board may issue, in aggregate, not more than 20 licenses from among the following types: a Class B–K beer and wine license; a Class B–K beer, wine, and liquor license; a Class BD–BWL license; a Class C beer and wine license; a Class D–K beer license; a Class D–K beer and wine license; and a Class H beer and wine license. A license holder whose licensed premises is located in the Town of Kensington may not, on a front, rear, side, door, or window of the building of the licensed premises, place a sign or other display that advertises alcoholic beverages in a publicly visible location.

This section applies only to Laytonsville. Subject to subsection (c) of this section, the Board may issue not more than two licenses. The licenses authorized under paragraph (1) of this subsection may be any combination of Class B (on–sale) beer, wine, and liquor licenses and Class H (on–sale) beer and wine, hotel and restaurant licenses. A license may be issued, renewed, or transferred if alcoholic beverages served by the license holder are consumed by customers while the customers are seated.

The Commissioners of Poolesville may submit to the voters the question of whether the sale of alcoholic beverages or the issuance of a class of license for the sale of alcoholic beverages should be prohibited in Poolesville. The question or a similar question may be submitted to the voters at a regular election or a special election called for that purpose. Submission of a question at one election does not prevent the submission of the same or another question at a subsequent election. If a majority of the votes cast on the question favor allowing the sale of alcoholic beverages or issuance of a class of license, the sale or the issuance will continue if allowed at the time of the election or, if not previously allowed, will be allowed following the election. If a majority of the votes cast on the question favor prohibiting the sale of alcoholic beverages or issuance of any class of license: a license of the class or for the sale of the class of alcoholic beverages may not be issued, renewed, or extended; but a license issued previously may continue in force until the date of expiration but may not be renewed or extended.

The Board may issue, renew, approve the transfer of, and otherwise provide for the following licenses in Takoma Park: Class B (on– and off–sale) beer and wine, hotel and restaurant licenses; Class H (on–sale) beer and wine, hotel and restaurant licenses; Class B (on–sale) beer, wine, and liquor, hotel and restaurant licenses; Class H (on–sale) beer licenses; Class D (on– and off–sale) beer and wine licenses; Class A–TP (off–sale) beer, wine, and liquor licenses; Class C (on–sale) beer, wine, and liquor licenses; beer and wine tasting (BWT) licenses; and Class BD–BWL licenses. This subsection applies only to Class –TP type licenses that were issued by the Board on July 1, 1997, after certification by the Prince George’s County Board of License Commissioners. Unless revoked or not renewed for good cause, the certified licenses shall continue in existence and be renewed, subject to payment of the annual license fee. A Class –TP type license is not transferable to another location but is transferable to another person, subject to the restrictions on similar transfers for other licenses in the county. A Class –TP type license is subject to the same conditions and restrictions specified by law or by the Board as are other licenses issued by the Board. The Board may waive whatever statutory and regulatory provision that the Board chooses for the affected licenses so that equity, fairness, and reasonableness are achieved. Notwithstanding that holders of Class –TP type licenses as of July 1, 1997, are subject to county laws and regulations, those same license holders may retain the particular Prince George’s County alcoholic beverages license they possessed before unification. The Prince George’s County license shall remain valid except that the license does not apply to the licensed premises to which the Class –TP type license applies, but is an open–location license. The Prince George’s County license holder may transfer, to another person or to a new location with the same license holder, the license into Prince George’s County without statutory or regulatory restriction.

The Board may not issue: a Class H beer and wine license: for use in conjunction with, on the site of, or to a restaurant in a drugstore; or for use in an establishment with a door, an archway, an opening, or other passageway providing direct public access to a drugstore; or a Class D license: for use in conjunction with, on the site of, or to a bowling alley, billiard hall, or drugstore; for use in an establishment with a door, an archway, an opening, or other passageway providing direct public access to a bowling alley, billiard hall, or drugstore; or for use in conjunction with, on the site of, or to a restaurant in a bowling alley, billiard hall, or drugstore. This section does not apply to a drugstore or adjoining establishment that on July 1, 1969: held a Class D license; and had a door, an archway, an opening, or other passageway providing direct public access to any drugstore.

Except as provided in subsection (b) of this section, the Board may not issue a license for use in an establishment that sells motor vehicle fuel to motorists from a fuel pump on the site. The Board may renew a license that has been issued for use in an establishment that sells motor vehicle fuel to motorists from a fuel pump located on the site if the license was in effect on January 1, 1989.

This section does not apply to a premises for which the Board issues a license under Subtitle 13 of this title. The Board shall adopt regulations to require at least quarterly inspections of a licensed premises during the initial license year and periodic inspections thereafter.

This section applies only to Silver Spring. The Board may issue a Class D beer, wine, and liquor license to the holder of a Class 3 winery license that produces not more than 20,000 gallons of wine each year.

Sections 25–1614 and 25–1615 of this subtitle apply only to a holder of a Class B beer, wine, and liquor on–sale license.

Except as provided in § 25–1615 of this subtitle, the Board may not authorize the same license holder to hold more than 10 licenses. The 10 licenses that may be held by the same license holder: may include: one or more Class H–BW licenses; and one or more Class B–K licenses; and may not include more than two Class BD–BWL licenses.

The Board may issue additional Class B beer, wine, and liquor (on–sale) licenses to a license holder for premises operated as a hotel. An applicant for an additional Class B beer, wine, and liquor (on–sale) license under this section shall: have a minimum restaurant seating capacity of 100 individuals; and except as provided in paragraph (2) of this subsection, meet the hotel requirements set forth in § 25–904 of this title. If the capital investment in the hotel exceeds $3,000,000, the building height and elevator requirements required by § 25–904(b)(1) of this title do not apply.

The Board may issue no more than three special culinary school licenses to a single culinary school. Each license issued under subsection (a) of this section shall be for a separate location.