# Alcoholic Beverages and Cannabis (GAB)

## Title 26. Prince George's County

### Subtitle 15. Issuance or Denial of Licenses

#### Section 26-1501

(a) Section 4-207 ("Licenses issued to minors") of Division I of this article applies in the county without exception or variation.

(b) The following sections of Title 4, Subtitle 2 ("Issuance or Denial of License Applications") do not apply in the county:

  (1) Sec. 4-206 ("Limitations on retail floor space") and is superseded by Sec. 26-1504 of this subtitle;

  (2) Sec.?4-210?("Approval or denial of license application") and is superseded by Sec. 26-1513 of this subtitle; and

  (3) Sec.?4-214?("Waiting periods after denial of license applications") and is superseded by Sec. 26-1516 of this subtitle.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"), in addition to Sec.Sec. 26-1502 and 26-1503 of this subtitle;

  (2) Sec.?4-203?("Prohibition against issuing multiple licenses to individual or for use of entity"), subject to Sec. 26-1505 of this subtitle and Subtitle 13, Part III and Subtitle 16, Part II of this title;

  (3) Sec.?4-204?("Prohibition against issuing multiple licenses for same premises"), subject to Sec. 26-1505 of this subtitle and Subtitle 13, Part III of this title;

  (4) Sec.?4-205?("Chain store, supermarket, or discount house"), subject to Sec. 26-1509 of this subtitle;

  (5) Sec.?4-208?("Notice of license application required"), subject to Sec. 26-1512 of this subtitle;

  (6) Sec.?4-209?("Hearing"), in addition to Sec. 26-1511 of this subtitle;

  (7) Sec.?4-211?("License forms; effective date; expiration"), in addition to Sec. 26-1508 of this subtitle;

  (8) Sec.?4-212?("License not property"), subject to Sec. 26-1506 of this subtitle; and

  (9) Sec.?4-213?("Replacement licenses"), subject to Sec. 26-1517 of this subtitle.

#### Section 26-1502

The Board may issue a license before the construction or alteration of the premises to be licensed is completed. 

#### Section 26-1503

(a) Subject to subsection (b) of this section, the Board may not issue a license to an applicant unless the Board is provided verification from the Comptroller and the county that the applicant has:

  (1) paid all undisputed taxes payable to the Comptroller and the county; or

  (2) provided for payment of the taxes described in item (1) of this subsection in a manner satisfactory to the governmental unit responsible for collection.

(b) If an application for the issuance of a license is made on behalf of a corporation, a club, or any other entity, the verification requirements specified in subsection (a) of this section apply to undisputed taxes payable by each owner or principal of the entity.

#### Section 26-1504

(a) Except as provided in subsection (d) of this section, a license holder may not devote more than 10,000 square feet of floor space to off-sale use.

(b)

  (1) Except as provided in subsection (d) of this section, floor space is the space devoted to the sale of alcoholic beverages for off-premises consumption, including:

    (i) a basement on the licensed premises; and

    (ii) any other area off the licensed premises where the alcoholic beverages are lawfully stored.

  (2) For a license with only an off-sale privilege, floor space is the space within the four walls of the building from which the licensed establishment operates.

  (3) For a license with on-sale and off-sale privileges, floor space is the space actually used for the sale, display, or storage of alcoholic beverages.

(c)

  (1) The floor space used for the sale, display, or storage of alcoholic beverages may not be expanded beyond 10,000 square feet.

  (2) The Board is not required to approve a request by a license holder to expand the floor space devoted to off-sale use up to 10,000 square feet unless the Board finds evidence, based on the evidence presented to the Board, that:

    (i) the expansion is necessary to accommodate the public; and

    (ii) the license holder otherwise continues to meet the criteria for the issuance or transfer of a license and any other condition that the Board imposes.

(d)

  (1) A food store for which a license was issued on or before January 1, 1995:

    (i) is exempt from the 10,000 square foot floor space restriction under subsection (a) of this section;

    (ii) may have the license renewed or ownership or location of the license transferred even if the food store had more than 10,000 square feet devoted to off-sale use; but

    (iii) may not expand the square footage of its alcoholic beverages department, including sales, display, and storage areas, beyond 10,000 square feet.

  (2) The 10,000 square foot limit specified under paragraph (1)(iii) of this subsection is to be determined without regard to the total area available within the four walls of the establishment.

#### Section 26-1505

(a) Unless otherwise authorized by this article, a person may not have an interest in more than one license issued by the Board, regardless of whether the person acts on the person's own behalf or on behalf of another person.

(b) The prohibition against issuing multiple licenses for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company does not apply if:

  (1) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters; and

  (2) the licenses were issued before June 1, 1982.

(c) The prohibition against issuing multiple licenses for the same person or premises does not apply to a Class B-ECF/DS license, Class B (on-sale) beer and wine license, or Class B (on-sale) beer, wine, and liquor license.

#### Section 26-1506

A license is not subject to:

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

(2) except as provided in Sec. 26-1507 of this subtitle, a distraint for rent.

#### Section 26-1507

(a) A license holder may create a security interest in the license in favor of a landlord or a creditor of the license holder.

(b) The security interest shall be perfected in accordance with the Commercial Law Article.

(c) The license holder shall deliver to the Board a copy of the underlying security agreement that is signed by or on behalf of the individual or entity that holds the license.

#### Section 26-1508

A license shall expire:

(1) for a Class B license, on the next May 31 after its issuance; and

(2) for a Class C or Class D license, on the next June 30 after its issuance.

#### Section 26-1509

(a) Except as provided in subsection (b) of this section, the Board may not issue a license that has an off-sale privilege to:

  (1) an establishment commonly known as a chain store, supermarket, or discount house; or

  (2) a franchisor, franchisee, or concessionaire of the establishment.

(b) An establishment described in subsection (a) of this section that held a license on July 1, 1973:

  (1) may continue to hold the license; and

  (2) at the discretion of the Board, may change the class of the license.

#### Section 26-1510

(a)

  (1) A person may obtain a Class A license of any kind to have the Board declare the license to be extinguished.

  (2)

    (i) The person shall inform the Board of the purpose for obtaining the license.

    (ii) The Board shall declare the license to be extinguished when the person comes into possession of the license.

  (3) A person that obtains a license under this section may not exercise the privileges of, sell, assign, or apply for transfer of the license.

  (4) A license that is extinguished under this section:

    (i) may not be replaced by the Board; and

    (ii) counts as one of the number of licenses in the appropriate class listed in Sec. 26-1601 of this title.

(b) Within 10 days after coming into possession of the license from a transfer, the person shall:

  (1) surrender the license to the Board; and

  (2) provide evidence to satisfy the Board that all taxes or obligations owed by the transferors to wholesalers or other persons have been paid.

(c) The Board may impose on a person who violates this section a penalty not exceeding $1,000.

#### Section 26-1511

(a)

  (1) The Board may adopt a calendar that establishes:

    (i) filing dates by which license applications are required to be filed; and

    (ii) hearing dates for license application hearings.

  (2) A filing date for a license application shall be at least 60 days before the hearing at which the application is to be heard.

(b)

  (1) The Board shall determine the number of licenses of each class that may be applied for at a hearing.

  (2) The number of licenses that the Board makes available for issuance at a hearing may be less than the total number of licenses in each class that remains unissued by the Board.

  (3) If, after a hearing, the applicants who are qualified for the issuance of a license of a certain class outnumber the licenses of that class authorized to be issued at the hearing, the Board shall determine the applicants who are best qualified to be license holders.

  (4) The Board may not issue additional licenses of any class that were not determined and published as available for the hearing.

(c)

  (1) Before holding a hearing, the Board shall publish a notice of the hearing in at least two newspapers of general circulation in the county.

  (2) The notice shall be published at least 30 days before the date by which license applications are required to be filed for consideration at the hearing.

  (3) The notice shall contain:

    (i) the number of licenses of each class that are available for issuance;

    (ii) a description of each class;

    (iii) the date by which license applications must be filed to be considered at the license application hearing; and

    (iv) the date of the hearing.

(d)

  (1) In addition to any other notice required under this article, the Board shall provide notice of the date, time, and location of a hearing, as soon as practicable after the hearing is scheduled, to all municipalities, civic associations, homeowners' associations, and condominium associations that:

    (i) are within 1 mile of the location of the proposed place of business of the applicant; and

    (ii) request to receive notice of hearings by signing up on a registry on the Board's website.

  (2) A municipality, civic association, homeowners' association, or condominium association that requests to receive notice of hearings under paragraph (1)(ii) of this subsection may elect to receive written or electronic notice.

#### Section 26-1512

(a) In addition to the newspaper notice required under Sec. 4-208 of this article, the Board shall post a suitable notice in a conspicuous place at the location described in an application for at least 10 days before the application hearing.

(b) A notice under subsection (a) of this section shall state the class of license for which the application is made and the date, time, and location set by the Board for an application hearing.

(c)

  (1) If the location described in the application is in a municipality, written notice of the application shall be made to the governing body of the municipality.

  (2) A municipality that receives written notice under this subsection has standing to appear at the application hearing.

#### Section 26-1513

(a) The Board shall approve an application and issue the license for which application is made if the Board determines that:

  (1) issuing the license is necessary for the accommodation of the public;

  (2) the applicant is a fit person to receive the license for which application is made;

  (3) the applicant has not made a material false statement in the application;

  (4) the applicant has not acted fraudulently in connection with the application or the operation of the underlying business;

  (5) if the license is issued, the operation of the business will not unduly disturb the peace of the residents of the neighborhood in which the business is to be located; and

  (6) there are no other reasons, in the discretion of the Board, why the license should not be issued.

(b) The Board shall maintain a record of licenses issued.

#### Section 26-1514

The Board may impose restrictions on a license holder to enable the Board to carry out the duties imposed on it by this article if the Board develops:

(1) written restrictions that are reasonable, clear, and understandable; and

(2) written regulations to enforce the restrictions that comply with due process, including providing for notice and a hearing.

#### Section 26-1515

The Board may not approve a license application and shall deny the license if the Board determines that more than 50% of the owners of real or leasehold property within 1,000 feet of the location described in the application are opposed to the issuance of the license.

#### Section 26-1516

(a) Except as provided in subsection (b) of this section, if a license is denied, another license application for the same location may not be made for 6 months after the denial.

(b) This section does not apply to:

  (1) an application for the transfer of a license; or

  (2) a license application that is denied:

    (i) because of a legal defect or omission;

    (ii) if the Board expressly states that the denial was directed solely against the applicant and not against the location described in the application; or

    (iii) if, after a hearing, the Board determines that another applicant is better qualified to be a license holder.

#### Section 26-1517

The fee for a replacement license is $10.

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