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<section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-405" title_number="25" title_name="Montgomery County" subtitle_number="4" subtitle_name="Manufacturer's Licenses">
  <level label="a">
    <text>This section applies to a Class 7 micro–brewery (on– and off–sale) license in the county.</text>
  </level>
  <level label="b">
    <text>The license may be issued to the holder of:</text>
    <level label="1">
      <text>a Class B beer, wine, and liquor (on–sale) license that is issued for use on the premises of a restaurant located in the county;</text>
    </level>
    <level label="2">
      <text>subject to subsection (c) of this section, a Class D beer and wine license that is issued for the sale of beer and wine, at retail, at the place described in the license, for on– and off–premises consumption;</text>
    </level>
    <level label="3">
      <text>a Class H beer and wine license that is issued for the sale of beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on–premises consumption;</text>
    </level>
    <level label="4">
      <text>a Class BD–BWL license that is issued for the sale of beer and wine for on– and off–premises consumption, and liquor for on–premises consumption, at the place described in the license;</text>
    </level>
    <level label="5">
      <text>a Class B–BWL (clubhouse/lodge) license that is issued for the sale of beer and wine for on– and off–premises consumption, and liquor for on–premises consumption, at the place described in the license; or</text>
    </level>
    <level label="6">
      <text>a Class D beer, wine, and liquor license that is issued for the sale of beer, wine, and liquor for on–premises consumption, at the place described in the license.</text>
    </level>
  </level>
  <level label="c">
    <text>The Executive Director may not issue more than an aggregate amount of two Class 7 micro–brewery licenses to holders of Class D beer and wine licenses in the Town of Kensington.</text>
  </level>
  <level label="d">
    <text>A holder of the license shall enter into a written agreement with the Alcohol Beverage Services for the sale and resale of malt beverages brewed under the license.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>Subject to paragraphs (2), (3), and (4) of this subsection, the holder of a Class 7 micro–brewery license may:</text>
      <level label="i">
        <text>brew in two locations using the same Class 7 micro–brewery license; and</text>
      </level>
      <level label="ii">
        <text>obtain a Class 2 rectifying license for the premises at the two locations authorized under item (i) of this paragraph.</text>
      </level>
    </level>
    <level label="2">
      <text>The holder of a Class 7 micro–brewery license may brew in two locations using the same Class 7 micro–brewery license if the license holder:</text>
      <level label="i">
        <text>requests permission by submitting a written application to the Executive Director; and</text>
      </level>
      <level label="ii">
        <text>obtains written approval from the Executive Director.</text>
      </level>
    </level>
    <level label="3">
      <text>Before authorizing a holder of a Class 7 micro–brewery license to brew in two locations using the same Class 7 micro–brewery license, the Executive Director shall:</text>
      <level label="i">
        <text>make a determination that a second location to brew additional capacity is necessary due to insufficient space at the existing Class 7 license location; and</text>
      </level>
      <level label="ii">
        <text>consider any other factor relevant to approval of the application.</text>
      </level>
    </level>
    <level label="4">
      <text>Notwithstanding any other provision of this article, a holder of a Class 7 micro–brewery license may not serve or sell malt beverages for on– or off–premises consumption at the second brewing location authorized under this subsection.</text>
    </level>
  </level>
  <level label="f">
    <text>A holder of a Class B–BWL (clubhouse/lodge) license that is issued a Class 7 micro–brewery license is not subject to the licensure restriction on holders of Class 7 micro–brewery licenses set forth under § 2–216(e)(2) of this article.</text>
  </level>
</section>
