# Alcoholic Beverages and Cannabis (GAB)

## Title 28. St. Mary's County

### Subtitle 16. Licensing Conditions; Multiple Licensing Plans

#### Section 28-1601

(a) The Board may not:

  (1) issue more than one Class A license:

    (i) for every 1,350 individuals that live in an election district in the county other than the 8th election district; and

    (ii) for every 4,000 individuals that live in the 8th election district; or

  (2) approve the transfer of a license issued under item (1) of this subsection from one election district to another election district unless the transfer can be made without exceeding the license quotas provided in item (1) of this subsection.

(b) The Board shall use the population statistics from the most recent County Planning Commission annual report to maintain the license quotas provided in subsection (a)(1) of this section.

#### Section 28-1602

(a)

  (1) Except as provided in subsection (b) of this section, the Board may not issue a license for an establishment that is within 300 feet of a place of worship or a public or nonpublic kindergarten, elementary, or secondary school.

  (2) The distance from the establishment to the place of worship or the public or nonpublic kindergarten, elementary, or secondary school is to be measured from the nearest wall of the establishment in a direct line to the nearest point of the main building of the place of worship or the school.

(b) The prohibition against issuing a license in subsection (a) of this section does not apply:

  (1) in Leonardtown; or

  (2) if a place of worship or school locates its building within 300 feet of a premises that is already licensed.

#### Section 28-1603

The Board may not issue any license with an off-sale privilege for use in a business that is intended to be operated as a drive-through sales facility at which alcoholic beverages are:

(1) sold at retail; and

(2) dispensed through a window or door to a purchaser in or on a motor vehicle for off-premises consumption.

#### Section 28-1606

(a)

  (1) Subject to subsections (b) and (c) of this section, the Board may issue to an individual or for the use of a person not more than three Class B beer, wine, and liquor restaurant licenses.

  (2) The licenses specified in paragraph (1) of this subsection are for separate premises.

  (3) Only one of the licenses specified in paragraph (1) of this subsection may authorize the sale of alcohol for off-premises consumption.

(b)

  (1) Subject to paragraph (2) of this subsection, a person may not have a direct or indirect interest in more than three Class B beer, wine, and liquor restaurant licenses.

  (2) A person may not have a direct or indirect interest in more than one Class B beer, wine, and liquor restaurant license that authorizes the sale of alcohol for off-premises consumption.

(c) An indirect interest is presumed to exist between any combination of persons if any of the following conditions exist between them:

  (1) a common parent company;

  (2) a franchise agreement;

  (3) a licensing agreement;

  (4) a concession agreement;

  (5) dual membership in a chain of businesses commonly owned and operated;

  (6)

    (i) a sharing of directors, stockholders, partners, or members; or

    (ii) a sharing of directors, stockholders, partners, or members of parents or subsidiaries;

  (7) common direct or indirect sharing of profit from the sale of alcoholic beverages; or

  (8) a sharing of a common trade name, trademark, logo, or theme or mode of operation identifiable by the public.

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