<?xml version='1.0' encoding='utf-8'?>
<subtitle article="gab" title_number="25" subtitle_number="9" title_name="Montgomery County" subtitle_name="Beer, Wine, and Liquor Licenses">
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-901" title_number="25" title_name="Montgomery County" subtitle_number="9" subtitle_name="Beer, Wine, and Liquor Licenses">
    <level label="a">
      <text>There is a Class A–TP beer, wine, and liquor license.</text>
    </level>
    <level label="b">
      <level label="1">
        <text>The Board shall issue the license to a person who on June 30, 1997:</text>
        <level label="i">
          <text>held a Class A beer, wine, and liquor license; and</text>
        </level>
        <level label="ii">
          <text>operated a business for which a Class A license was issued on the licensed premises that is in the part of the City of Takoma Park that was formerly part of Prince George’s County.</text>
        </level>
      </level>
      <level label="2">
        <level label="i">
          <text>Unless revoked or not renewed for good cause, the license shall continue and be renewed, subject to payment of the annual license fee.</text>
        </level>
        <level label="ii">
          <text>The license is not transferable to any other location, but the license may be transferred to another person at any time, subject to the restrictions on similar transfers for other alcoholic licenses in the county.</text>
        </level>
      </level>
    </level>
    <level label="c">
      <level label="1">
        <text>The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.</text>
      </level>
      <level label="2">
        <text>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.</text>
      </level>
    </level>
    <level label="d">
      <text>A license under this section may not be issued for a drugstore unless the applicant:</text>
      <level label="1">
        <text>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;</text>
      </level>
      <level label="2">
        <text>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</text>
      </level>
      <level label="3">
        <text>has been engaged in the retail drug business for at least 3 years.</text>
      </level>
    </level>
    <level label="e">
      <text>The Board shall adopt regulations, including the hours of sale, to carry out this section.</text>
    </level>
    <level label="f">
      <text>The annual license fee is $910.</text>
    </level>
  </section>
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-902" title_number="25" title_name="Montgomery County" subtitle_number="9" subtitle_name="Beer, Wine, and Liquor Licenses">
    <level label="a">
      <text>There is a Class B beer, wine, and liquor license.</text>
    </level>
    <level label="b">
      <text>The Board may issue the license to the owner or operator of a restaurant or hotel if:</text>
      <level label="1">
        <text>before the issuance of the license, the owner or operator attests in a sworn statement that gross receipts from food sales in the restaurant or hotel will be at least equal to 40% of the gross receipts from the sale of food and alcoholic beverages; and</text>
      </level>
      <level label="2">
        <text>before each renewal of the license, the owner or operator attests in a sworn statement that the gross receipts from food sales in the restaurant or hotel for the 12 months immediately before the application for renewal have been at least equal to 40% of the gross receipts from the sale of food and alcoholic beverages.</text>
      </level>
    </level>
    <level label="c">
      <text>The license authorizes the license holder to sell at the place described in the license:</text>
      <level label="1">
        <text>beer, wine, and liquor at retail for on–premises consumption; and</text>
      </level>
      <level label="2">
        <text>beer and wine in containers sealed with the manufacturer’s original seal for off–premises consumption only to a person who has purchased prepared food from the licensed premises.</text>
      </level>
    </level>
    <level label="d">
      <level label="1">
        <text>The license holder may not display or provide shelving for beer or wine for off–premises sales in areas of the establishment that are accessible to the public.</text>
      </level>
      <level label="2">
        <text>Off–sale alcoholic beverages receipts collected under the license shall be included in the calculation of gross receipts from the sale of alcoholic beverages.</text>
      </level>
      <level label="3">
        <text>The license holder may sell beer and wine for off–premises consumption only when the licensed premises is open for business as a hotel or restaurant.</text>
      </level>
    </level>
    <level label="e">
      <level label="1">
        <text>The Board may adopt regulations to carry out this section, including regulations that limit the quantity of beer and wine that may be sold to a person for off–premises consumption in a single transaction.</text>
      </level>
      <level label="2">
        <text>The Board shall adopt regulations to provide for audits to determine the ratio of gross receipts from the sale of food to gross receipts from the sale of beer, wine, and liquor.</text>
      </level>
    </level>
    <level label="f">
      <level label="1">
        <text>The Board may revoke a license if the license holder fails to maintain the ratio of gross receipts from the sale of food to gross receipts from the sale of alcoholic beverages required under this section:</text>
        <level label="i">
          <text>during the initial license year, for 3 consecutive months; or</text>
        </level>
        <level label="ii">
          <text>after the initial license year, for each license or calendar year.</text>
        </level>
      </level>
      <level label="2">
        <text>The Board may require a license holder to provide supporting data as the Board considers necessary to establish that the license holder has met the requirements of this section relating to the ratio of gross receipts from the sale of food to gross receipts from the sale of alcoholic beverages.</text>
      </level>
    </level>
    <level label="g">
      <text>The annual license fee is $2,500.</text>
    </level>
  </section>
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-903" title_number="25" title_name="Montgomery County" subtitle_number="9" subtitle_name="Beer, Wine, and Liquor Licenses">
    <level label="a">
      <text>There is a Class BD–BWL license.</text>
    </level>
    <level label="b">
      <text>The license authorizes the license holder to sell:</text>
      <level label="1">
        <text>beer and wine for on– or off–premises consumption; and</text>
      </level>
      <level label="2">
        <text>liquor for on–premises consumption.</text>
      </level>
    </level>
    <level label="c">
      <text>As a prerequisite for the initial issuance of the license, the owner of the establishment shall attest in a sworn statement that food will be available for sale for on–premises consumption during the hours that alcoholic beverages are permitted to be served.</text>
    </level>
    <level label="d">
      <text>As a prerequisite for each renewal of the license, the owner of the establishment shall attest in a sworn statement that food will be available for sale for on–premises consumption during the hours that alcoholic beverages are permitted to be served.</text>
    </level>
    <level label="e">
      <text>The Board by regulation shall specify the type of food that is required to be available for sale for on–premises consumption during the hours that alcoholic beverages are permitted to be served.</text>
    </level>
    <level label="f">
      <text>A holder of a Class BD–BWL license:</text>
      <level label="1">
        <text>may also hold a Class 7 micro–brewery license issued for a location in the county; but</text>
      </level>
      <level label="2">
        <text>may not hold more than two Class BD–BWL licenses.</text>
      </level>
    </level>
    <level label="g">
      <text>If a person holds two Class BD–BWL licenses under subsection (f)(2) of this section, the establishment for which the second Class BD–BWL license is issued shall have average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.</text>
    </level>
    <level label="h">
      <text>The annual license fee is $3,500.</text>
    </level>
  </section>
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-904" title_number="25" title_name="Montgomery County" subtitle_number="9" subtitle_name="Beer, Wine, and Liquor Licenses">
    <level label="a">
      <text>There is a Class B–BWL (H–M) beer, wine, and liquor license.</text>
    </level>
    <level label="b">
      <text>The Board may issue the license to the owner of a hotel or motel that contains at least five rooms to accommodate the public.</text>
    </level>
    <level label="c">
      <text>The license authorizes the license holder to sell beer, wine, and liquor in accordance with § 25–902 of this subtitle, except that registered guests may be served in their rooms.</text>
    </level>
    <level label="d">
      <text>The license holder may sell beer, wine, and liquor during the hours and days as set out under § 25–2005(e) of this title.</text>
    </level>
    <level label="e">
      <text>The annual license fee is $2,500.</text>
    </level>
  </section>
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-905" title_number="25" title_name="Montgomery County" subtitle_number="9" subtitle_name="Beer, Wine, and Liquor Licenses" />
  <section article="gab" article_name="Alcoholic Beverages and Cannabis" number="25-906" title_number="25" title_name="Montgomery County" subtitle_number="9" subtitle_name="Beer, Wine, and Liquor Licenses">
    <level label="a">
      <text>There is a Class D beer, wine, and liquor license.</text>
    </level>
    <level label="b">
      <text>The Board may issue the license to an owner of an establishment if:</text>
      <level label="1">
        <text>before the issuance of the license, the owner attests in a sworn statement that food will be available for sale for on–premises consumption during the hours that alcoholic beverages are permitted to be served; and</text>
      </level>
      <level label="2">
        <text>before each renewal of the license, the owner attests in a sworn statement that food will be available for sale for on–premises consumption during the hours that alcoholic beverages are permitted to be served.</text>
      </level>
    </level>
    <level label="c">
      <text>The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.</text>
    </level>
    <level label="d">
      <text>The Board shall adopt regulations that specify the type of food that is required to be available for sale for on–premises consumption during the hours that alcoholic beverages are permitted to be served.</text>
    </level>
    <level label="e">
      <text>The annual license fee is $3,000.</text>
    </level>
  </section>
</subtitle>