# Alcoholic Beverages and Cannabis (GAB) ## Title 32. Wicomico County ### Subtitle 1. Definitions; General Provisions #### Section 32-101 (a) In this title: (1) the definitions in Sec. 1-101 of this article apply without exception or variation; and (2) the following words have the meanings indicated. (b) "Board" means the Board of License Commissioners for Wicomico County. (c) "County" means Wicomico County. #### Section 32-102 This title applies only in Wicomico County. #### Section 32-103 A copy of any legislation concerning alcoholic beverages enacted by the county governing body under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401. ### Subtitle 2. Board of License Commissioners #### Section 32-201 (a) There is a Board of License Commissioners for Wicomico County. (b) The Board is a State unit that administers this title and may issue, deny, revoke, or suspend licenses. #### Section 32-202 (a) The Governor shall appoint five members to the Board, subject to the advice and consent of the Senate. (b) (1) Subject to paragraph (2) of this subsection, each member of the Board shall be: (i) a resident and voter of the county; (ii) an individual of high character and integrity and of recognized business capacity; and (iii) nominated by the County Executive. (2) Three members of the Board shall be residents of the City of Salisbury, nominated jointly by the County Executive and the Mayor of Salisbury. (c) (1) The term of a member is 4 years. (2) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2020. (d) (1) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies. (e) (1) The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty. (2) The Governor shall give a member who is charged a copy of the charges against the member and, with at least 10 days' notice, an opportunity to be heard publicly in person or by counsel. (3) If a member is removed, the Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor's findings on the charges. #### Section 32-203 The Governor shall designate a chair from among the members of the Board. #### Section 32-204 (a) (1) The chair of the Board shall receive $5,000 annually. (2) Each other member of the Board shall receive $4,000 annually. (b) Subject to this section and Sec. 32-205 of this subtitle, the Board may: (1) employ: (i) a secretary; (ii) inspectors; and (iii) clerical and other assistants as are necessary; and (2) set the compensation of the employees. (c) (1) The Board may designate an attorney for the Board. (2) The annual salary of the attorney: (i) is $10,000; and (ii) shall be provided in the county budget. #### Section 32-205 (a) (1) The Board shall appoint a full-time inspector and a part-time inspector. (2) The salaries of the inspectors shall be as provided in the county budget. (b) The inspectors have the powers of a peace officer or sheriff in the State arising out of or relating to the enforcement of this article. (c) The Board shall specify the duties of the inspectors, which shall be for the proper administration and enforcement of the alcoholic beverages laws in the county. (d) The inspectors shall take the oath required by Article I, Sec. 9 of the Maryland Constitution. (e) (1) The inspectors shall separately provide a penalty bond of $2,000 to the Board and the county jointly on the condition that the inspector and part-time inspector faithfully perform the duties of office. (2) The county shall pay the cost of the bonds. #### Section 32-206 The County Council shall pay the salaries and expenses of the Board. #### Section 32-207 (a) The Board shall coordinate the enforcement of all alcoholic beverages licensing laws for the county. (b) The Board may adopt regulations to carry out this article. ### Subtitle 3. Liquor Control Board #### Section 32-301 (a) In this subtitle the following words have the meanings indicated. (b) "Dispensary" means a store established and maintained by the Liquor Control Board for the sale of alcoholic beverages. (c) "Liquor Control Board" means the Liquor Control Board for the county. #### Section 32-302 There is a Liquor Control Board for Wicomico County. #### Section 32-303 (a) The Governor shall appoint three members to the Liquor Control Board with the advice and consent of the Senate. (b) Each member of the Liquor Control Board shall be: (1) a resident and voter in the county; and (2) an individual of high character, integrity, and recognized business capacity. (c) (1) A member of the Liquor Control Board may not: (i) have a direct or indirect financial interest in the manufacture or sale of alcoholic beverages; or (ii) derive profit or remuneration from the sale of alcoholic beverages other than the salary or wages payable for the discharge of the duties of the office. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,000 or both. (d) The term of a member is 2 years and begins on July 1. (e) If a vacancy occurs, it shall be filled for the unexpired term in the same manner as the original appointment. #### Section 32-304 The Liquor Control Board shall elect a chair from among its members. #### Section 32-305 (a) The Liquor Control Board shall meet as often as necessary for the public business. (b) (1) The chair of the Liquor Control Board shall receive an annual salary of $6,000. (2) The other members of the Liquor Control Board shall receive an annual salary of $5,000. (c) (1) The Liquor Control Board shall appoint employees necessary to operate the dispensary system, set employee compensation, and require a bond for the faithful performance of employee duties. (2) (i) An employee of the Liquor Control Board may not: (1) have a direct or indirect financial interest in the manufacture or sale of alcoholic beverages; or (2) derive profit or remuneration from the sale of alcoholic beverages other than the salary or wages payable for the discharge of the duties of the office. (ii) A person who violates this paragraph is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,000 or both. #### Section 32-307 (a) (1) The county may lend money to the Liquor Control Board to provide the Liquor Control Board with adequate working capital to acquire, establish, and operate the dispensary system and warehouse facilities. (2) The county may finance a loan under this subsection by issuing notes, certificates of indebtedness, or bonds as the county finds necessary. (3) (i) The Liquor Control Board may borrow money from a banking institution on the Liquor Control Board's own credit. (ii) The aggregate sum advanced to or borrowed by the Liquor Control Board may not exceed $500,000. (b) (1) Money shall bear interest at the lowest rate possible, not exceeding 6% a year that, under this subtitle is: (i) loaned to the Liquor Control Board by the county; (ii) borrowed by the county; or (iii) borrowed by the Liquor Control Board. (2) Money loaned or borrowed, and the interest on it, shall be repaid from the receipts from sales made at the dispensaries. #### Section 32-308 Subject to Sec. 1-319 of this article, the Liquor Control Board may: (1) purchase from a holder of a wholesaler's license or manufacturer's license alcoholic beverages that the Liquor Control Board is authorized to sell and on which the excise tax imposed by Sec. 5-102 of the Tax - General Article is paid; (2) (i) purchase from a holder of a resident or nonresident dealer's permit and import for resale alcoholic beverages that the Liquor Control Board is authorized to sell; and (ii) resell the alcoholic beverages once the excise tax is paid; (3) sell alcoholic beverages in sealed containers at prices that it determines and that are uniform in all dispensaries; (4) refuse to sell alcoholic beverages to a person that, in the judgment of the Liquor Control Board, is not suitable to purchase or consume the alcoholic beverages; (5) restrict by any method the quantity of alcoholic beverages that may be sold to an individual consumer or license holder at or during any time; (6) enter into a contract or adopt regulations necessary or desirable to carry out this article; (7) sell and ship outside the county a container or package of alcoholic beverages kept for sale in a dispensary, if not prohibited by law in the place where the shipment is consigned; (8) subject to the approval of the county, rent, lease, or purchase premises necessary for the operation of the dispensaries; and (9) establish the hours of sale for dispensaries, outside of which a dispensary may not remain open. #### Section 32-309 (a) The Liquor Control Board may establish and maintain stores known as "dispensaries". (b) A dispensary: (1) may sell sparkling or fortified wine or other alcoholic beverages containing more than 14% alcohol by volume; and (2) shall sell the alcoholic beverages in sealed packages or containers. (c) A dispensary may sell chilled and nonchilled beer, wine, liquor, ice, or bottled water. (d) (1) Except as provided in paragraph (2) of this subsection, all alcoholic beverages other than beer and wine shall be purchased from the Liquor Control Board. (2) A holder of a Class A, B, C, or D license may purchase alcoholic beverages from a dispensary or a wholesaler. (e) A dispensary shall sell liquor at wholesale to a beer, wine, and liquor license holder: (1) for a Class A, B, or C license, at a markup not exceeding 15% above the operating cost to the dispensary; or (2) for a Class D license, at a markup not exceeding 15% above the wholesale cost to the dispensary. (f) (1) The Liquor Control Board may hold wine tasting and sampling promotional events in dispensaries in accordance with this subsection. (2) The Liquor Control Board: (i) may not serve to an individual more than 1 ounce from each brand at an event; (ii) may not allow more than six wine bottles to be open at any one time at an event; (iii) may not conduct events in the county on more than 10 days in any 12-month period; (iv) shall mark each wine bottle used for an event, once opened, that it is to be used only for tasting or sampling; (v) may not mix the contents of a wine bottle with the contents of another wine bottle; (vi) shall destroy all empty wine bottles; (vii) shall allow on-premises consumption at an event; and (viii) may not conduct wine tasting and sampling using a drive-through window. (g) A person may not open or consume the contents of a sealed container or package on the premises of the dispensary where sold. (h) Title 4, Subtitle 2 of this article does not apply to this section. #### Section 32-310 (a) The Liquor Control Board shall apply proceeds derived from the operation of dispensaries first toward the repayment of money loaned to or borrowed by the Liquor Control Board. (b) After repayment under subsection (a) of this section, the Liquor Control Board, subject to the approval of the County Council, may create and maintain a reserve fund to: (1) provide adequate working capital; and (2) cover any losses sustained by the Liquor Control Board in operating the dispensaries. (c) The Liquor Control Board shall pay any remaining net proceeds to the county on January 1, April 1, August 1, and October 1 of each year. #### Section 32-311 (a) (1) The Liquor Control Board shall: (i) keep accurate records of: (1) all purchases of alcoholic beverages; and (2) a complete statement of the business conducted by the Liquor Control Board and the operational achievements of the dispensary system; and (ii) submit annual and monthly reports to the County Council. (2) The records shall be open to inspection by the Comptroller or the Executive Director during regular business hours. (b) The Liquor Control Board shall publish an annual report submitted to the county on June 30 of each year in a newspaper of frequent and general circulation that is published in the county. #### Section 32-312 (a) A supplier may enter into an agreement with a wholesaler or authorized representative of a wholesaler to replace, directly or indirectly, stale or out-of-date malt beverage products on retail licensed premises: (1) on a case for case basis; (2) at the supplier's expense; and (3) under a plan that the Executive Director approves. (b) (1) If a wholesaler refuses to replace stale or out-of-date malt beverage products on retail licensed premises under the plan described in subsection (a)(3) of this section, the supplier may unilaterally submit a replacement plan to the Executive Director for approval. (2) The replacement plan that the supplier unilaterally submits to the Executive Director may include the designation of an authorized representative or wholesaler outside the territory of the wholesaler who refuses to participate in the plan. ### Subtitle 4. Manufacturer's Licenses #### Section 32-401 (a) The following sections of Title 2, Subtitle 2 ("Manufacturer's Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 2-201 ("Issuance by Comptroller"); (2) Sec. 2-202 ("Class 1 distillery license"); (3) Sec. 2-203 ("Class 9 limited distillery license"); (4) Sec. 2-204 ("Class 2 rectifying license"); (5) Sec. 2-205 ("Class 3 winery license"); (6) Sec. 2-206 ("Class 4 limited winery license"); (7) Sec. 2-207 ("Class 5 brewery license"); (8) Sec. 2-210 ("Class 8 farm brewery license"); (9) Sec. 2-211 ("Residency requirement"); (10) Sec. 2-212 ("Additional licenses"); (11) Sec. 2-213 ("Additional fees"); (12) Sec. 2-214 ("Sale or delivery restricted"); (13) Sec. 2-215 ("Beer sale on credit to retail dealer prohibited"); (14) Sec. 2-216 ("Interaction between manufacturing entities and retailers"); (15) Sec. 2-217 ("Distribution of alcoholic beverages -- Prohibited practices"); and (16) Sec. 2-218 ("Restrictive agreements between producers and retailers -- Prohibited"). (b) The following sections of Title 2, Subtitle 2 ("Manufacturer's Licenses") of Division I of this article apply in the county: (1) Sec. 2-208 ("Class 6 pub-brewery license"), subject to Sec. 32-403 of this subtitle; and (2) Sec. 2-209 ("Class 7 micro-brewery license"), subject to Sec. 32-404 of this subtitle. #### Section 32-402 A holder of a manufacturer's license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday. #### Section 32-403 (a) This section applies to a Class 6 pub-brewery license in the county. (b) Before the Executive Director may issue a Class 6 pub-brewery license in the county, the Executive Director shall forward a copy of the application to the Board. (c) The Board shall: (1) review the application; (2) hold a public hearing on the application; and (3) recommend to the Executive Director whether or not to issue the license. #### Section 32-404 A holder of a Class 7 micro-brewery license may not collectively brew, bottle, or contract for more than 45,000 barrels of malt beverages each calendar year. #### Section 32-405 (a) The Executive Director may issue one Class 6 pub-brewery license or one Class 7 micro-brewery license, but not both, for a location in an enterprise zone, to a person that holds not more than five Class B beer, wine, and liquor licenses. (b) A holder of a Class A license may also hold a Class 7 micro-brewery license and not more than five Class B beer, wine, and liquor licenses. ### Subtitle 5. Wholesaler's Licenses #### Section 32-501 The following sections of Title 2, Subtitle 3 ("Wholesaler's Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 2-301 ("Licenses issued by Comptroller"); (2) Sec. 2-302 ("Class 1 beer, wine, and liquor wholesaler's license"); (3) Sec. 2-303 ("Class 2 wine and liquor wholesaler's license"); (4) Sec. 2-304 ("Class 3 beer and wine wholesaler's license"); (5) Sec. 2-305 ("Class 4 beer wholesaler's license"); (6) Sec. 2-306 ("Class 5 wine wholesaler's license"); (7) Sec. 2-307 ("Class 6 limited wine wholesaler's license"); (8) Sec. 2-308 ("Class 7 limited beer wholesaler's license"); (9) Sec. 2-309 ("Sale and delivery of beer or wine from wholesaler's vehicle"); (10) Sec. 2-310 ("Sale and delivery to retail license holder"); (11) Sec. 2-311 ("Additional wholesaler's licenses"); (12) Sec. 2-312 ("Direct importation of alcoholic beverages"); (13) Sec. 2-313 ("Sale or delivery restricted to holder of license or permit"); (14) Sec. 2-314 ("Beer sale on credit to retail dealer prohibited"); (15) Sec. 2-315 ("Interaction between wholesaling entities and retailers"); (16) Sec. 2-316 ("Distribution of alcoholic beverages -- Prohibited practices"); and (17) Sec. 2-317 ("Restrictive agreements between wholesalers and retailers -- Prohibited"). #### Section 32-502 Except as provided in Sec. 32-503 of this subtitle, a holder of a wholesaler's license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday. #### Section 32-503 (a) A holder of a wholesaler's license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day. (b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer. ### Subtitle 6. Beer Licenses #### Section 32-601 (a) There is a Class A beer license. (b) (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license. (2) A license may not be issued for a premises having a direct or indirect connection with a drug or pharmaceutical business or other business establishment of a type commonly known as a drugstore. (3) The license holder shall sell the beer in a sealed package or container. (4) The package or container may not be opened and its contents may not be consumed on the premises where the beer was sold. (c) The annual license fees are: (1) $175 for a 6-day license; and (2) $275 for a 7-day license. #### Section 32-602 (a) There is a Class B beer license. (b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at a hotel or restaurant at the place described in the license for on- and off-premises consumption. (2) (i) A license may be issued only for a hotel or restaurant whose average daily receipts from the sale of food for each month exceed the average daily receipts from the sale of alcoholic beverages. (ii) In calculating average daily receipts from the sale of food, an allocation of foodstuff contained in a mixed drink may not be included in average daily receipts from the sale of food. (c) The annual license fee is $275. #### Section 32-603 (a) There is a Class C beer license. (b) The license authorizes the license holder to sell beer at retail to members of a club and their guests at the place described in the license for on-premises consumption. (c) The annual license fee is $75. #### Section 32-604 (a) There is a Class D beer license. (b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at the place described in the license for on- and off-premises consumption. (2) A license may not be issued for a drugstore. (c) The annual license fee is $275. ### Subtitle 7. Wine Licenses #### Section 32-701 (a) There is a Class A wine license in the county. (b) The license may be issued to a holder of a Class 4 limited winery license. (c) (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery. (2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises. (d) The annual license fee is $50. ### Subtitle 8. Beer and Wine Licenses #### Section 32-801 The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume. #### Section 32-802 (a) There is: (1) a Class A beer and wine 6-day license; and (2) a Class A beer and wine 7-day license. (b) (1) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license. (2) The license holder shall sell the beer and wine in a sealed package or container. (3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or wine is sold. (c) A person may not hold the license for use by an establishment with a direct or indirect connection with a drugstore. (d) The annual license fees are: (1) $275 for a 6-day license; and (2) $350 for a 7-day license. #### Section 32-803 (a) There is a Class B beer and wine license. (b) (1) (i) Subject to subparagraph (ii) of this paragraph, the license may be issued for use by a hotel or restaurant if, for each month, the average daily receipts from the sale of food exceed the average daily receipts from the sale of alcoholic beverages. (ii) Foodstuff in a mixed drink may not be considered as food when calculating average daily receipts from the sale of food. (2) The license authorizes the license holder to sell beer and wine at a hotel or restaurant, at retail, at the place described in the license, for on- and off-premises consumption. (c) The annual license fee is $400. #### Section 32-804 (a) There is a Class C beer and wine license. (b) The license authorizes the license holder to sell beer and wine to a member of a club and guests of members, at retail, at the place described in the license, for on-premises consumption. (c) The annual license fee is $125. #### Section 32-805 (a) There is: (1) a Class D beer and wine 6-day license; and (2) a Class D beer and wine 7-day license. (b) The license authorizes the license holder to sell beer and wine, at retail, at the place described in the license, for on- and off-premises consumption. (c) The license may not be issued for use by a drugstore. (d) The annual license fees are: (1) $275 for a 6-day license; and (2) $400 for a 7-day license. ### Subtitle 9. Beer, Wine, and Liquor Licenses #### Section 32-901 (a) There is a Class A beer, wine, and liquor license. (b) (1) A license may be issued only to an establishment that has been: (i) issued a Class B license; and (ii) continually operating as a restaurant in the county since at least 3 months before the application for the license. (2) The Board may not issue a license to an establishment that is a corporation or limited liability company unless the license applicant owns 75% of the total issued capital stock of the corporation or the limited liability company. (3) The Board may issue not more than three licenses in the county. (c) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor, at retail at the place described in the application, for off-premises consumption. (2) The place described in the application: (i) may not exceed 20% of the area normally used in the operation of the restaurant business; and (ii) shall be contiguous to and adjoin the restaurant establishment. (d) The license may not be issued for a drugstore unless the applicant: (1) 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; (2) 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 (3) has been engaged in the retail drug business for at least 3 years. (e) (1) The license holder shall purchase liquor for retail sale from a county dispensary or from a wholesaler. (2) A dispensary may not charge the license holder more than 15% above the wholesale operating cost to the dispensary. (f) The annual license fee is $4,400 and is in addition to the fee paid for the Class B license. #### Section 32-902 (a) There is a Class B beer, wine, and liquor license. (b) (1) The Board may issue the license for use by: (i) a hotel that has: (1) at least 25 rooms; (2) a lobby with registration, mail desk, and seating facilities; and (3) a dining room that serves full-course meals at least twice daily; or (ii) a restaurant that: (1) has a proper and adequate dining room with facilities for preparing and serving regular meals; (2) not counting seating at a bar or counter, has table seating for at least 40 individuals; and (3) has average daily receipts from the sale of food, not counting foodstuff contained in a mixed drink, that each month exceed the average daily receipts from the sale of alcoholic beverages. (2) The seating requirement in paragraph (1)(ii)2 of this subsection does not apply to a Class B beer, wine, and liquor license holder who held the license on July 1, 1978. (c) The license authorizes the license holder to sell beer, wine, and liquor at a hotel or restaurant at retail at the place described in the license, for on-premises consumption. (d) (1) In this subsection, "lounge area" means an area that includes: (i) a bar where alcoholic beverages are served; and (ii) an entertainment facility in the same area as the bar. (2) The license holder may: (i) prohibit an individual under the legal drinking age from entering the lounge area after 9 p.m. unless the individual is accompanied by a parent or legal guardian who is of the legal drinking age; and (ii) charge an entertainment fee for each individual who is present while live entertainment is in progress in the lounge area. (e) (1) Notwithstanding Sec. 32-306 of this title, the license holder may purchase liquor for retail sale from a county dispensary or from a licensed wholesaler. (2) A county dispensary may not charge the license holder more than 15% above the wholesale operating cost to the county dispensary. (f) The annual license fees are: (1) $1,980 for a hotel; and (2) $1,320 for a restaurant. (g) (1) The Board may issue a wine permit to a holder of the license for use by a restaurant that: (i) at least 5 days per week, offers for sale and describes in a printed menu: (1) breakfast and lunch; (2) breakfast and dinner; or (3) lunch and dinner; and (ii) has an area used for the preparation and consumption of food and beverages that is at least 80% of the area of the premises. (2) Off-sale alcoholic beverages receipts shall be included in the calculation of average daily receipts from the sale of alcoholic beverages under Sec. 32-901(c)(2)(i)3 of this subtitle. (3) The wine permit authorizes the license holder to sell, at retail, at the place described in the license: (i) beer, wine, and liquor for on-premises consumption; and (ii) wine for off-premises consumption. (4) The term of the wine permit is the same as the term of the Class B license. (5) If the premises is open for business as a restaurant, the hours and days of sale for the wine permit are: (i) 10 a.m. to midnight, Monday through Saturday; and (ii) 12:30 p.m. to midnight on Sunday. (6) Wine sold under the wine permit may not have an alcohol content greater than 15.5%. (7) An applicant for the wine permit shall complete the form that the Board provides. (8) Advertising, posting of notice, and public hearing requirements for the wine permit are the same as those for Class B licenses. (9) The Board may adopt regulations to carry out this subsection, including a limit on the number of wine permits to be granted. (10) The annual permit fee is $1,500. (h) The holder of a Class B beer, wine, and liquor restaurant license that has been issued a Class 9 limited distillery license may sell products manufactured under the distillery license at the place described in the Class B license in a manner consistent with the underlying Class B license for on- and off-premises consumption. (i) (1) The Board may issue a temporary to-go event permit under Sec. 32-1104 of this title to a holder of a license under this section if the licensed establishment is located within or immediately adjacent to a special event area identified in a Class C per diem municipal to-go beer, wine, and liquor license issued under Sec. 32-1314 of this title. (2) The temporary to-go event permit authorizes the holder to sell at retail beer, wine, and liquor in approved to-go cups that may be carried outside the licensed establishment and into the designated special event area. #### Section 32-903 (a) There is: (1) a 6-day Class C beer, wine, and liquor license; and (2) a 7-day Class C beer, wine, and liquor license. (b) The Board may issue the license for use by a nonprofit fraternal, social, or veterans' club that: (1) has been incorporated for at least 5 years immediately before the application for the license is made; (2) is in a clubhouse or premises that is used principally for club purposes; (3) during the year immediately before the filing of the application: (i) except as provided in item (ii) of this item, has at least 100 dues-paying members; or (ii) if the club is composed only of members who served in the armed forces of the United States, has at least 50 dues-paying members; and (4) has facilities for preparing and serving food on the premises to members and guests. (c) The license authorizes the license holder to sell beer, wine, and liquor at a club at the place described in the license for on-premises consumption. (d) A license holder shall purchase alcoholic beverages for retail sale, except beer and wine, from the Liquor Control Board or from a wholesaler. (e) (1) The annual license fees for a 6-day license, depending on the size of the dues-paying membership of the club, are: (i) $275, for a membership of 50 to 399; (ii) $550, for a membership of 400 to 599; and (iii) $825, for a membership of at least 600. (2) The annual license fees for a 7-day license, depending on the size of the dues-paying membership of the club, are: (i) $400, for a membership of 50 to 399; (ii) $675, for a membership of 400 to 599; and (iii) $950, for a membership of at least 600. (3) A license fee shall be established on the maximum number of dues-paying members during the calendar year immediately before the filing of the application for the license. #### Section 32-904 (a) There is a Class D beer, wine, and liquor license. (b) The Board may issue the license for use by a tavern that, not including the dance floor or bar area, has seating for at least 140 individuals. (c) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on-premises consumption 7 days a week. (d) An individual under the legal drinking age may not enter the licensed premises. (e) The license may not be issued for use by a drugstore. (f) The annual license fee is $2,200. ### Subtitle 10. Licenses for Specific Types of Organizations and Venues #### Section 32-1001 (a) There is a Class B-BB (bed and breakfast) beer and wine license. (b) The Board may issue the license to a license holder who is approved by the appropriate local governmental unit to operate a bed and breakfast that: (1) provides services ordinarily provided by a bed and breakfast; (2) has at least one room but not more than 10 rooms, each with sleeping accommodations, excluding resident management quarters, that the public for consideration may use for a specified time; and (3) has a kitchen facility that has been approved by the appropriate local governmental unit. (c) The license authorizes the license holder to sell beer and wine to a guest if: (1) the name and address of the guest appears on the registry that the bed and breakfast maintains; and (2) the guest is an occupant of a sleeping room in the bed and breakfast. (d) (1) The license authorizes the license holder to sell beer and wine for on-premises consumption to a guest of a catered event at the bed and breakfast if: (i) (1) the license holder is under contract to cater the event; (2) the license holder caters the event; and (3) food is served at the catered event; or (ii) the license holder hosts an event for which tickets are sold in advance. (2) The license authorizes the license holder to allow a guest of the bed and breakfast, whose name and address appear on the registry of the establishment, to bring personal alcoholic beverages onto the premises for on-premises consumption during the hours and days as set out under subsection (e) of this section. (e) The license holder may sell beer and wine for on-premises consumption on Monday through Sunday, from 7 a.m. to midnight. (f) Except during catered events that meet the requirements under subsection (d) of this section or ticketed events hosted by the license holder, the license does not authorize the sale of beer and wine to an individual who: (1) is not a guest of the bed and breakfast; or (2) is registered as a guest at the bed and breakfast only to obtain beer and wine. (g) (1) A bed and breakfast may not be operated only to sell or provide beer and wine. (2) If the bed and breakfast ends operations as a bed and breakfast: (i) the license is void; and (ii) the license holder shall return the license to the Board. (h) This section may not be construed to apply to a permanent resident on the premises or to guests of the permanent resident. (i) The license holder shall: (1) maintain records of all catered events where alcoholic beverages are served; and (2) make the records required under item (1) of this subsection available on request to the Board, the Executive Director, or the Comptroller. (j) The annual license fee is $300. #### Section 32-1001.1 (a) There is a Class B-BF (banquet facility) beer, wine, and liquor license. (b) The Board may issue the license for use by a banquet facility that: (1) accommodates the public for banquets, parties, meetings, and similar functions; (2) contains a dining room with adequate facilities for serving full-course meals for at least 100 individuals who are inside the facility or outside on the premises at one seating; and (3) has adequate public bathroom facilities. (c) The license authorizes the license holder to sell at retail beer, wine, and liquor for on-premises consumption if: (1) the beer and wine are sold by the drink or by the bottle; (2) the liquor is sold only by the drink; (3) the beer, wine, and liquor are sold only during the function; (4) the license holder does not sell beer, wine, and liquor for off-premises consumption; (5) the license holder does not allow beer, wine, and liquor to be carried off the premises; and (6) food is provided at the function where the beer, wine, and liquor are provided. (d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under Sec. 32-2004 of this title. (e) The annual license fee is $1,500. #### Section 32-1001.2 (a) There is a Class B-Conference Center license. (b) The Board may issue a license for use by a conference center that has: (1) a minimum capacity of 500 individuals; (2) a kitchen; (3) dining space; and (4) meeting space. (c) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption to individuals attending a conference center event. (d) An existing Class B license may be amended to one for conference center use. (e) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under Sec. 32-2005 of this title. (f) The annual license fee is $1,500. #### Section 32-1001.3 (a) There is a Class B-DT (dinner theater) beer, wine, and liquor license. (b) The Board may issue the license for the use of a dinner theater that: (1) provides live music, entertainment, Broadway-style musicals, comedy, dance performances, or drama to the dinner theater's customers; (2) is open to the public by reservation only; and (3) contains a dining room with facilities for serving full-course meals for at least 80 individuals at one seating. (c) (1) The license authorizes the license holder to sell at retail for on-premises consumption: (i) beer and wine by the drink or bottle; and (ii) liquor by the drink. (2) A license holder may not sell alcoholic beverages: (i) for off-premises consumption; or (ii) at any time except in conjunction with the dinner theater. (d) A license holder may sell beer, wine, and liquor beginning 2 hours before a live performance until the end of the performance and during the hours and days as set out under Sec. 32-2004 of this title. (e) Food shall be available at a function where beer, wine, and liquor are served. (f) The annual license fee is $1,500. #### Section 32-1002 (a) There is a Class D beer, wine, and liquor entertainment and amusement license. (b) (1) The Board may issue the license for an entertainment amusement center that: (i) is a business establishment that accommodates the public; (ii) has a minimum seating capacity of 140 individuals, not including the bar area or dancing floor area; (iii) meets the minimum requirements of the fire code applicable for the jurisdiction in which the premises is located; (iv) is equipped with an adequate dining room with facilities for preparing and serving regular meals; (v) has an initial capital investment of at least $300,000, excluding the cost of the land and building; and (vi) subject to paragraph (2) of this subsection, has more than 50% of its floor space dedicated to or occupied by equipment for foosball, billiards, darts, virtual reality simulation games, and other games that the Board approves that require the active physical participation of one or more players. (2) Under paragraph (1)(vi) of this subsection: (i) floor space may not be dedicated to or occupied by equipment for keno, a card game, a pinball machine, or a bar game; and (ii) the floor space requirement may not be met by floor space occupied by: (1) a jukebox or similar passive entertainment device; or (2) the kitchen. (c) The license authorizes the license holder to sell beer, wine, and liquor 7 days a week for on-premises consumption. (d) An individual who is: (1) under the age of 21 years may not enter or remain on the licensed premises after 9 p.m.; and (2) under the age of 17 years may not enter the licensed premises without a parent or guardian. (e) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class D beer, wine, and liquor license under Sec. 32-2005 of this title. (f) The annual license fee is $4,000. #### Section 32-1003 (a) There is a Class B beer, wine, and liquor (golf course) license. (b) The Board of License Commissioners may issue the license for the use of a golf course or organization that: (1) is open to the public; (2) is operated for profit; (3) owns real estate in the county; and (4) has a golf course with a minimum of 18 holes. (c) (1) The license holder may sell beer, wine, and liquor for consumption on the land and in the buildings, including the clubhouse, used for golfing purposes. (2) A patron need not be seated to be served. (d) A holder of the license may sell beer, wine, and liquor: (1) on Monday through Saturday, from 7 a.m. to 2 a.m. the following day; and (2) on Sunday, from 7 a.m. to midnight. (e) The annual license fee is $2,200. #### Section 32-1004 (a) There is a Class B (stadium) beer and wine license. (b) (1) The Board may issue the license: (i) to the owner of a professional baseball team franchise, regardless of whether the franchise is a partnership or corporation; and (ii) subject to paragraph (2) of this subsection, only for a stadium that has the average daily receipts from the sale of food for each month exceed the average daily receipts from the sale of alcoholic beverages. (2) An allocation of foodstuff contained in a mixed drink may not be included in average daily receipts from the sale of food. (c) The license authorizes the license holder to sell beer and wine: (1) for on-premises consumption; (2) in plastic, Styrofoam, paper, or aluminum containers on the stadium premises, except that glass containers may be used in an enclosed dining premises in which the patrons are seated; and (3) to an individual present at any event held at the stadium. (d) The license holder may not allow an individual to carry alcoholic beverages onto or from the licensed premises. (e) (1) Subject to paragraph (2) of this subsection, the license holder may sell beer and wine: (i) on Monday through Saturday, from noon to 9 p.m.; and (ii) on Sunday, from 1 p.m. to 5 p.m. (2) During a baseball game, a holder of a stadium beer and wine license may not sell beer or wine: (i) after the beginning of the eighth inning; or (ii) during a doubleheader, after the beginning of the sixth inning of the second game. (f) The annual license fee is $2,000. #### Section 32-1005 (a) There is a Class B Youth and Civic Center license. (b) (1) The Board may issue a license to a designee of the County Executive for use at the Wicomico Youth and Civic Center. (2) During the term of the license, the Wicomico Youth and Civic Center shall maintain: (i) a kitchen; (ii) dining space; and (iii) meeting space. (c) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption to individuals attending a youth and civic center event. (d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under Sec. 32-2005 of this title. (e) The license holder may: (1) authorize a vendor to sell alcoholic beverages for on-premises consumption under the license that the manager of the youth and civic center is issued; and (2) contract to receive part of the revenue derived from the vendor's sale of alcoholic beverages. (f) The annual license fee is $1,500. ### Subtitle 11. Additional License Privileges #### Section 32-1101 (a) The following sections of Title 4, Subtitle 11 ("Additional License Privileges") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-1102 ("Corkage -- Consuming wine not purchased from license holder on licensed premises"); and (2) Sec. 4-1103 ("Removal of partially consumed bottle of wine from licensed premises"). (b) Section 4-1105 ("Refillable container permit -- Wine") of Division I of this article does not apply in the county. (c) The following sections of Title 4, Subtitle 11 ("Additional License Privileges") of Division I of this article apply in the county: (1) Sec. 4-1104 ("Refillable container permit -- Draft beer"), subject to Sec. 32-1102 of this subtitle; and (2) Sec. 4-1106 ("Nonrefillable container permit -- Draft beer"), subject to Sec. 32-1103 of this subtitle. #### Section 32-1102 (a) The Board may issue a refillable container permit for draft beer to a holder of any license issued by the Board except a Class C license, Class D license, Class B-Conference Center license, and Class B-Stadium license. (b) An applicant for the permit shall complete the form that the Board provides. (c) The hours of sale for the permit: (1) begin at the same time as those for the underlying license; and (2) end at midnight. (d) Receipts collected under the permit are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under a Class B restaurant license, Class B hotel license, and Class B golf course license. (e) The annual permit fee is $500. #### Section 32-1103 (a) The Board may issue a nonrefillable container permit for draft beer to a holder of any license issued by the Board except a Class C license, Class D license, Class B-Conference Center license, and Class B-Stadium license. (b) An applicant for the permit shall complete the form that the Board provides. (c) The hours of sale for the permit: (1) begin at the same time as those for the underlying license; and (2) end at midnight. (d) Receipts collected under the permit are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under a Class B restaurant license, Class B hotel license, and Class B golf course license. (e) (1) Except as provided in paragraph (2) of this subsection, the annual permit fee is $500. (2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit. #### Section 32-1104 (a) There is a temporary to-go event permit. (b) The Board may issue the permit to a holder of a Class B beer, wine, and liquor license if the licensed establishment is located within or immediately adjacent to a special event area identified in and for use in conjunction with a Class C per diem municipal to-go beer, wine, and liquor license. (c) The permit authorizes the holder to sell at retail beer, wine, and liquor in approved to-go cups that may be carried outside the licensed establishment of the Class B license and into the designated special event area. (d) The permit holder shall be responsible for complying with all applicable laws and regulations. (e) The term of the permit is the same as the term of the associated Class C per diem municipal to-go beer, wine, and liquor license. (f) The Board shall adopt regulations related to the issuance of and requirements for the permit, including regulations related to: (1) the designation of a special event area; (2) the hours of sale; (3) age verification requirements; (4) the use of specified to-go cups; and (5) advertising, posting of notice, and public hearing requirements for the temporary to-go event permit. (g) The fee for the permit is $20 per day. ### Subtitle 12. Caterer's Licenses #### Section 32-1201 (a) There is a local caterer's license. (b) The Board may issue the license to the holder of: (1) a Class B restaurant or hotel (on-sale) beer and wine license; or (2) a Class B restaurant or hotel (on-sale) beer, wine, and liquor license. (c) The license authorizes a holder to: (1) (i) provide beer and wine at an event that is held off the premises for which the holder's Class B restaurant or hotel (on-sale) beer and wine license is issued; or (ii) provide beer, wine, and liquor at an event that is held off the premises for which the holder's Class B restaurant or hotel (on-sale) beer, wine, and liquor license is issued; and (2) exercise the privileges of the license only during the hours and on the days authorized for the holder's Class B license. (d) The license holder shall provide food for consumption at the catered event. (e) The annual license fee is $550. (f) This section does not require a holder of a Class B restaurant or hotel (on-sale) beer and wine license or a Class B restaurant or hotel (on-sale) beer, wine, and liquor license to obtain a local caterer's license under this section for catering on the premises for which the Class B license is issued. ### Subtitle 13. Temporary Licenses #### Section 32-1301 (a) The following sections of Title 4, Subtitle 12 ("Temporary Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-1202 ("Per diem licenses"); (2) Sec. 4-1203 ("Class C per diem beer and Class C per diem beer and wine licenses"); (3) Sec. 4-1204 ("Class C per diem beer, wine, and liquor license"); (4) Sec. 4-1206 ("License to dispose of stock"); (5) Sec. 4-1207 ("Temporary move of licensed premises"); (6) Sec. 4-1208 ("Hours and days of sale"); and (7) Sec. 4-1209 ("Wine permit for fund-raising event"). (b) Section 4-1205 ("License fees") of Division I of this article does not apply in the county and is superseded by Sec. 32-1311 of this subtitle. #### Section 32-1304 (a) There is a beer festival license. (b) (1) The Board may issue the license to a holder of a Class 5 brewery license, Class 6 pub-brewery license, Class 7 micro-brewery license, or Class 8 farm brewery license. (2) Each manufacturer that participates in the beer festival shall obtain a beer festival license. (c) The license authorizes the holder to display and sell beer owned and manufactured by the license holder. (d) A license holder shall display and sell beer: (1) at retail for on-premises consumption; and (2) during the hours and days designated for the festival. (e) (1) The Board may designate the number of times during a calendar year that the license may be issued. (2) The festival shall be held at a location that is not already licensed. (f) The license may be in effect for not more than 3 consecutive days. (g) The license holder may hold another license of a different class or nature. (h) The license fee is $50 per day. #### Section 32-1305 (a) In this section, "Festival" means the Wicomico County Wine Festival. (b) There is a Wicomico County Wine Festival (WCWF) license. (c) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 limited winery license. (d) The license authorizes the holder to display and sell wine that is: (1) manufactured and processed in any state; and (2) distributed in the State when the license application is filed. (e) The license holder shall display and sell wine: (1) at retail for on- and off-premises consumption; and (2) during the hours and days designated for the Festival. (f) The Board shall: (1) choose one weekend, Friday through Sunday inclusive, each year for the Festival; (2) choose a location that is not already licensed; and (3) ensure that the primary focus of the Festival is the promotion of Maryland wine. (g) The license holder may hold another license of a different class or nature. (h) Wine displayed and sold shall be: (1) invoiced to the license holder by a wholesaler, Class 3 winery, or Class 4 limited winery; and (2) delivered to the Festival from the licensed premises of the wholesaler, Class 3 winery, or Class 4 limited winery. (i) A holder of a wholesale, Class 3 winery, or Class 4 limited winery license may enter into an agreement with the holder of a WCWF license to: (1) deliver wine not earlier than 2 days before the effective date of the license; and (2) accept returns not later than 2 days after the expiration date of the license. (j) The license fee is $50 per day. (k) The Board shall adopt regulations to carry out this section. #### Section 32-1306 (a) There is a beer tasting (BT) license. (b) The Board may issue the license to a holder of a Class A beer and wine license or Class A beer, wine, and liquor license. (c) The license authorizes the holder to allow on-premises consumption of beer. (d) (1) An applicant for the license shall submit to the Board an application on a form that the Board provides. (2) The Board may issue a license without a hearing. (3) If a license application is denied, the applicant may request a public hearing before the Board. (4) Renewal of the license may be made when the Class A beer and wine license or Class A beer, wine, and liquor license is renewed. (e) A license holder shall notify the Board in writing at least 5 days before a beer tasting event. (f) The license holder may serve an individual a quantity of not more than 3 ounces of beer from each offering for tasting. (g) (1) A maximum of six containers of beer may be open at one time at a beer tasting event. (2) Once opened, each container shall be marked that it is to be used for the beer tasting only. (3) Once empty, all containers shall be destroyed. (h) The days during which a beer tasting event is held may not exceed 50 in any period for which a license is in effect. (i) The annual license fee is $150. (j) (1) The contents of a container may not be mixed with any other container. (2) Beer tasting may not be conducted from a drive-through window. #### Section 32-1307 (a) There is a wine tasting (WT) license. (b) The Board may issue the license to a holder of a Class A beer and wine license or Class A beer, wine, and liquor license. (c) The license authorizes the holder to allow the on-premises consumption of wine. (d) (1) An applicant for the license shall submit to the Board an application on a form that the Board provides. (2) The Board may issue the license without a hearing. (3) If a license application is denied, the applicant may request a public hearing before the Board. (4) Renewal of the license may be made when the Class A beer and wine license or Class A beer, wine, and liquor license is renewed. (e) A license holder shall notify the Board in writing at least 5 days before a wine tasting event. (f) The license holder may serve an individual a quantity of not more than 1 ounce of wine from each offering for tasting. (g) (1) A maximum of six bottles of wine may be open at one time at a wine tasting event. (2) Once opened, each bottle shall be marked that it is to be used for the wine tasting event only. (3) Once empty, each bottle shall be destroyed. (h) The days during which a wine tasting event is held may not exceed 50 in any period for which a license is in effect. (i) The annual license fee is $150. (j) (1) The contents of a bottle may not be mixed with that of any other bottle. (2) Wine tasting may not be conducted from a drive-through window. #### Section 32-1308 (a) There is a beer and wine tasting (BWT) license. (b) The Board may issue the license to a holder of a Class A beer and wine license or Class A beer, wine, and liquor license. (c) The license authorizes the holder to allow the on-premises consumption of beer or wine. (d) (1) An applicant for the license shall submit to the Board an application on a form that the Board provides. (2) The Board may issue the license without a hearing. (3) If a license application is denied, the applicant may request a public hearing before the Board. (4) Renewal of the license may be made when the Class A beer and wine license or Class A beer, wine, and liquor license is renewed. (e) A license holder shall notify the Board in writing at least 5 days before a beer and wine tasting event. (f) The license holder may serve an individual, for tasting, a quantity of not more than: (1) 1 ounce of wine from each offering; or (2) 3 ounces of beer from each offering. (g) (1) A maximum of six bottles of wine and six containers of beer may be open at one time at a beer and wine tasting event. (2) Once opened, each bottle or container shall be marked that it is to be used for the beer and wine tasting event only. (3) Once empty, each bottle and container shall be destroyed. (h) The days during which beer and wine tasting events are held may not exceed 50 in any period for which the license is in effect. (i) The annual license fee is $250. (j) (1) The contents of a bottle or container may not be mixed with that of any other bottle or container. (2) Beer and wine tasting may not be conducted from a drive-through window. #### Section 32-1311 (a) The fee for a Class C per diem beer license and a Class C per diem beer and wine license is $30 per day. (b) The fee for a Class C per diem beer, wine, and liquor license is $45 per day. #### Section 32-1312 (a) The Board may issue a Class C multiple event beer license, beer and wine license, or beer, wine, and liquor license. (b) The license entitles the license holder to exercise any privilege conferred by the license at an entertainment event held by a fire department. (c) (1) The license application shall be in the form that the Board provides. (2) The applicant shall sign the form. (d) A license holder: (1) may use only one multiple event license in a license year; and (2) may not use the license for more than 40 days in a calendar year. (e) The license holder shall notify the Board in writing at least 7 days before each day that the license is to be used. (f) A fire department is not prevented from obtaining a Class C per diem license under Sec. 4-1202 of this article. (g) The annual fee for a license is: (1) $400 for not more than 10 days; (2) $800 for at least 11 but not more than 20 days; (3) $1,000 for at least 21 but not more than 30 days; and (4) $1,100 for at least 31 but not more than 40 days. #### Section 32-1313 (a) There is a basket of cheer permit. (b) The Board may issue the permit to a nonprofit organization, as defined by Sec. 501(c) of the Internal Revenue Code, that meets the requirements of this section. (c) The permit authorizes the permit holder to provide as a prize at a benefit performance a basket of cheer, consisting of: (1) for a holder of a Class C per diem beer and wine license, not more than: (i) 288 ounces of beer; and (ii) (2) 25 liters of wine; and (2) for a holder of a Class C per diem beer, wine, and liquor license, not more than: (i) 288 ounces of beer; (ii) (2) 25 liters of wine; and (iii) (2) 25 liters of liquor. (d) The alcoholic beverages contained in a basket of cheer shall be for off-premises consumption. (e) The permit fees are: (1) $30 per event for the holder of a Class C per diem beer and wine license; and (2) $45 per event for the holder of a Class C per diem beer, wine, and liquor license. #### Section 32-1314 (a) There is a Class C per diem municipal to-go beer, wine, and liquor license. (b) The license entitles the license holder to allow beer, wine, and liquor sold by a holder of a temporary to-go event permit under Sec. 32-1104 of this title to enter a designated special event area described in the license for a period not exceeding 7 consecutive days. (c) The Board may issue the license to a municipality in the county. (d) The Board shall adopt regulations related to the issuance of and requirements for a license under this section, including regulations related to: (1) the designation of a special event area; (2) the hours of sale; (3) age verification requirements; (4) the use of specified to-go cups; (5) advertising, posting of notice, and public hearing requirements for the license and any associated temporary to-go event permit; and (6) public safety and event security requirements. (e) The fee for the license is $45 per day. ### Subtitle 14. Applications for Licenses #### Section 32-1401 (a) The following sections of Title 4, Subtitle 1 ("Applications for Local Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-102 ("Applications to be filed with local licensing board"); (2) Sec. 4-105 ("Application on behalf of limited liability company"); (3) Sec. 4-106 ("Payment of notice expenses"); (4) Sec. 4-108 ("Application form required by Comptroller"); (5) Sec. 4-110 ("Required information on application -- Petition of support"); (6) Sec. 4-111 ("Payment of license fees"); (7) Sec. 4-112 ("Disposition of license fees"); (8) Sec. 4-113 ("Refund of license fees"); and (9) Sec. 4-114 ("Fees for licenses issued for less than 1 year"). (b) The following sections of Title 4, Subtitle 1 ("Applications for Local Licenses") of Division I of this article apply in the county: (1) Sec. 4-103 ("Application on behalf of partnership"), subject to Sec. 32-1403 of this subtitle; (2) Sec. 4-104 ("Application on behalf of corporation or club"), in addition to Sec. 32-1406 of this subtitle; (3) Sec. 4-107 ("Criminal history records check"), subject to Sec. 32-1402 of this subtitle; and (4) Sec. 4-109 ("Required information on application -- In general"), in addition to Sec. 32-1404 of this subtitle. #### Section 32-1402 The Board shall obtain criminal history record information of each applicant for a license from the Central Repository. #### Section 32-1403 (a) If a corporation, partnership, or limited liability company is a partner of a partnership applying for a license, the application shall state: (1) the name of each owner of more than 33% of the stock in the corporate partner; (2) the name of each owner of more than 33% of ownership interest of the partnership partner; or (3) the name of each member with more than a 33% interest in the limited liability company partner. (b) (1) An application for a stadium beer and wine license for a partnership shall be made by and the license issued to three individuals who: (i) shall be authorized in writing to apply for and hold the license on behalf of the partnership; but (ii) are not required to be partners. (2) One of the three individuals who applies for a license shall be a resident and registered voter of the county at the time the application is filed. (3) The name of each partner shall be stated on the application. #### Section 32-1404 An applicant shall include a statement in the application that: (1) the applicant consents to an investigation by the Board of the applicant's criminal record; and (2) (i) the applicant is at least 21 years old; or (ii) if there is more than one applicant, at least one of the applicants is at least 21 years old. #### Section 32-1405 (a) Except as provided in subsection (b) of this section, the Board may not issue a license to a corporation or limited liability company unless the individual qualifying under this article: (1) is a registered voter, taxpayer, and resident of the county at the time of submission of the application; and (2) owns at least 20% of the total issued capital stock of the corporation or 20% of the total interests of the limited liability company. (b) This section does not affect a license that has already been issued. #### Section 32-1406 If three officers of a club acting as individuals apply for a Class C club license, the applicants are not required to file a statement indicating a financial interest in the business to be conducted under the license. #### Section 32-1407 (a) In addition to any other fee required for a license, an application fee of $75 shall be charged for an application for a new license, made payable to the county collecting agent. (b) The application fee is nonrefundable whether the license is issued or denied. (c) The application fee does not apply to the renewal or transfer of a license for the same premises. ### Subtitle 15. Issuance or Denial of Licenses #### Section 32-1501 (a) The following sections of Title 4, Subtitle 2 ("Issuance or Denial of Local Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec.?4-202?("Authority of local licensing boards"); (2) Sec.?4-206?("Limitations on retail sales floor space"); (3) Sec.?4-207?("Licenses issued to minors"); (4) Sec.?4-209?("Hearing"); (5) Sec.?4-211?("License forms; effective date; expiration"); (6) Sec.?4-213?("Replacement licenses"); and (7) Sec.?4-214?("Waiting periods after denial of license applications"). (b) 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.?4-203?("Prohibition against issuing multiple licenses to individual or for use of entity"), subject to Sec.Sec. 32-1502 and 32-1506 of this subtitle and Subtitle 13, Part III of this title; (2) Sec.?4-204?("Prohibition against issuing multiple licenses for same premises"), subject to Sec.Sec. 32-1502 and 32-1506 of this subtitle and Subtitle 13, Part III of this title; (3) Sec.?4-205?("Chain store, supermarket, or discount house"), subject to Sec. 32-1503 of this subtitle; (4) Sec.?4-208?("Notice of license application required"), subject to Sec. 32-1507 of this subtitle; (5) Sec.?4-210?("Approval or denial of license application"), subject to Sec. 32-1508 of this subtitle; and (6) Sec.?4-212?("License not property"), subject to Sec. 32-1509 of this subtitle. #### Section 32-1502 The prohibitions against one person being issued more than one license under Sec. 4-203 of this article do not apply to: (1) a Class 6 pub-brewery license issued under Sec. 2-208 of this article or a Class 7 micro-brewery license issued under Sec. 2-209 of this article; or (2) a Class B beer, wine, and liquor license issued under Sec. 32-902 of this article if: (i) the resident applicant is a resident of the county at the time of application; and (ii) the minimum capital investment in the premises is at least $200,000 or the premises have a fair market value of at least $200,000. #### Section 32-1503 Section 4-205 of this article does not apply to a license issued under: (1) Sec. 2-208 or Sec. 2-209 (regarding pub-brewery and micro-brewery licenses) of this article; or (2) Sec. 32-902 (regarding Class B beer, wine, and liquor licenses) of this title if: (i) the resident applicant is a resident of the county at the time of application; and (ii) the minimum capital investment in the premises is at least $200,000 or the premises have a fair market value of at least $200,000. #### Section 32-1504 For purposes of this subtitle, a married couple is considered to be one person. #### Section 32-1505 (a) The Board may give tentative approval to issuing a license for an establishment that is not completed or that is to be remodeled or renovated, based on the building plans and specifications that accompany the application. (b) The Board may give final approval of a license application under this section on completion of the construction, remodeling, or renovation in accordance with the plans and specifications. #### Section 32-1506 Multiple licenses may be issued 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 if: (1) the licenses are Class D beer or Class D beer and wine licenses; and (2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters. #### Section 32-1507 (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 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. #### Section 32-1508 (a) The Board shall make a physical inspection of the location described in the application before issuing a license. (b) Before the Board issues a license, the Board shall consider and determine as suitable: (1) the moral character and financial responsibility of the applicant; (2) the appropriateness of the location described in the application, taking into consideration the number of existing licenses; and (3) the general fitness of the applicant to engage in the business authorized by the license. #### Section 32-1509 A license is not subject to: (1) a writ of execution by a judgment creditor of a license holder; or (2) a distraint for rent. ### Subtitle 16. Licensing Conditions; Multiple Licensing Plans #### Section 32-1601 (a) (1) Except as provided in subsection (b) of this section, the Board may not issue a license for an establishment that is within 500 feet of a place of worship or a public or private elementary or secondary school. (2) The distance from the establishment to the place of worship or the public or private elementary or secondary school is to be the distance that an individual could walk directly from the main entrance of the establishment to the main entrance of the place of worship or school. (b) (1) A person may apply for a license within 6 months following the termination of a license at an existing location that falls within the restriction imposed by subsection (a) of this section. (2) The prohibition against issuing a license in subsection (a) of this section does not apply to: (i) a temporary license; or (ii) the Downtown Plaza of Salisbury that: (1) is within the area starting from the intersection of Camden Avenue and Carroll Street, eastward along Carroll Street to U.S. Route 13, then northward to U.S. Route 50, then westward to Mill Street, and then southward to the point of origin; but (2) does not include businesses located on the opposite sides of the streets listed in item 1 of this item. ### Subtitle 17. Transfer of Licenses; Substitution of Names on License #### Section 32-1701 (a) The following sections of Title 4, Subtitle 3 ("Transfer of Local Licenses; Substitution of Names on License") of Division I of this article apply in the county without exception or variation: (1) Sec.?4-303?("Chain store, supermarket, or discount house"); and (2) Sec.?4-304?("Compliance with Bulk Transfers Act required"). (b) Section 4-306 ("Substitution of names of officers on license") of Division I of this article does not apply in the county and is superseded by Sec. 32-1704 of this subtitle. (c) The following sections of Title 4, Subtitle 3 ("Transfer of Local Licenses; Substitution of Names on License") of Division I of this article apply in the county: (1) Sec.?4-302?("Transfer of place of business; transfer of license and inventory"), subject to Sec. 32-1702 of this subtitle; and (2) Sec.?4-305?("Filing fee and endorsement"), subject to Sec. 32-1703 of this subtitle. #### Section 32-1702 The Board may waive the publication notice required under Sec. 4-302(b)(4) of this article for the transfer of a Class C club license if: (1) the person whose name appears on the license becomes ineligible; and (2) a new application for the same class of license is properly filed with the Board within 10 days after the person becomes ineligible. #### Section 32-1703 The fee for a transfer of a license is $75, in addition to the costs of publication, notice, and any hearing fees required. #### Section 32-1704 (a) (1) Subject to paragraph (2) of this subsection, for a license issued for the use of a corporation or club, the license holder may substitute on the license the name of a different officer for the name of any officer who: (i) has died; (ii) has retired; or (iii) no longer holds an office in the corporation or club. (2) A substitute officer shall be an individual approved by the Board who meets all the requirements applicable to the original officer. (b) The license holder shall file an affidavit with the Board that contains: (1) the substitution of the officer; and (2) an explanation for the substitution. (c) On receipt of the affidavit by the Board and payment of a $50 fee to the county treasurer, the Board shall: (1) amend its records; and (2) issue a corrected license. ### Subtitle 18. Renewal of Licenses #### Section 32-1801 (a) The following sections of Title 4, Subtitle 4 ("Renewal of Local Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-402 ("Eligibility for renewal; process"); (2) Sec. 4-404 ("Filing period for renewal application"); (3) Sec. 4-406 ("Protests"); (4) Sec. 4-407 ("Denial of renewal application"); (5) Sec. 4-408 ("Issuance of renewed licenses"); (6) Sec. 4-409 ("Multiple licenses"); and (7) Sec. 4-410 ("Chain store, supermarket, or discount house"). (b) The following sections of Title 4, Subtitle 4 ("Renewal of Local Licenses") of Division I of this article apply in the county: (1) Sec. 4-403 ("Renewal application"), subject to Sec. 32-1802 of this subtitle; and (2) Sec. 4-405 ("Contents of renewal application"), subject to Sec. 32-1803 of this subtitle. #### Section 32-1802 An applicant for license renewal shall pay a renewal application fee of $50 to the local collecting agent in addition to the license fee. #### Section 32-1803 The Board may not renew a license until the license holder presents the Board with a certificate of receipt issued by the County Finance Department showing that there are no unpaid taxes on the inventory and personal property of the renewal applicant due to the county or State. ### Subtitle 19. Conduct of License Holders #### Section 32-1901 (a) The following sections of Title 4, Subtitle 5 ("Conduct of Local License Holders") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-502 ("Storage of alcoholic beverages"); (2) Sec. 4-503 ("Solicitations and sales outside of licensed premises"); (3) Sec. 4-506 ("Evidence of purchaser's age"); (4) Sec. 4-507 ("Retail delivery of alcoholic beverages"); and (5) Sec. 4-508 ("Display of license"). (b) The following sections of Title 4, Subtitle 5 ("Conduct of Local License Holders") of Division I of this article apply in the county: (1) Sec. 4-504 ("Employment of underage individuals"), subject to Sec. 32-1902 of this subtitle; and (2) Sec. 4-505 ("Alcohol awareness program"), subject to Sec. 32-1903 of this subtitle. #### Section 32-1902 An individual who is at least 16 years old and has a work permit may be employed at a licensed premises to stock alcoholic beverages or clear tables and bar areas. #### Section 32-1903 (a) This section does not apply to a holder of a Class C license. (b) (1) The license holder or an individual designated by the license holder who is employed in a supervisory capacity shall: (i) be certified by an approved alcohol awareness program; and (ii) except as provided in paragraph (2) of this subsection, be present on the licensed premises during the hours in which alcoholic beverages may be sold. (2) The license holder or individual specified in paragraph (1) of this subsection may be absent from the licensed premises for a personal or business reason or an emergency if the absence lasts for not more than 2 hours. (3) The Board shall require the license holder to keep a log book on the licensed premises that documents each temporary absence, the length of time of the absence, and the reason for the absence, in the form that the Board requires. (c) A license holder who violates this section is subject to: (1) for a first offense, a $100 fine; and (2) for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both. ### Subtitle 20. Hours and Days for Consumption and Sale #### Section 32-2001 (a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title. (2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50. #### Section 32-2002 (a) A holder of a Class A beer license may sell beer under: (1) a 6-day license, on Monday through Saturday, from 6 a.m. to midnight; or (2) a 7-day license, on Monday through Sunday, from 6 a.m. to midnight. (b) (1) A holder of a Class B (hotel and restaurant) beer license may sell beer: (i) for off-premises consumption, from 6 a.m. to midnight; and (ii) for on-premises consumption: (1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and (2) on Sunday, from 10 a.m. to midnight, only to customers who are seated at tables on the premises. (2) The license holder may not sell beer at a bar or counter on Sunday. (c) (1) A holder of a Class C beer license may sell beer on Monday through Saturday, from 6 a.m. to midnight. (2) The license holder may not sell beer at a bar or counter on Sunday. (d) A holder of a Class D beer license may sell beer from 6 a.m. to midnight. #### Section 32-2003 (a) A holder of a Class A beer and wine license may sell beer and wine under: (1) a 6-day license, on Monday through Saturday, from 6 a.m. to midnight; or (2) a 7-day license, on Monday through Sunday, from 6 a.m. to midnight. (b) (1) A holder of a Class B (hotel and restaurant) beer and wine license may sell beer and wine: (i) for off-premises consumption, from 6 a.m. to midnight; and (ii) for on-premises consumption: (1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and (2) on Sunday, from 10 a.m. to midnight, only to customers who are seated at tables on the premises. (2) The license holder may not sell beer or wine at a bar or counter on Sunday. (c) A holder of a Class C beer and wine (on-sale) license may sell beer and wine on Monday through Saturday, from 6 a.m. to midnight. (d) (1) A holder of a 6-day Class D beer and wine license may sell beer and wine on Monday through Saturday: (i) for off-premises consumption, from 6 a.m. to midnight; and (ii) for on-premises consumption, from 6 a.m. to 2 a.m. the following day. (2) A holder of a 7-day Class D beer and wine license may sell beer and wine: (i) for off-premises consumption, on Monday through Sunday, from 6 a.m. to midnight; and (ii) for on-premises consumption: (1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and (2) except as provided in paragraph (3) of this subsection, on Sunday, from 12:30 p.m. to midnight for customers who are seated. (3) A holder of a 7-day Class D beer and wine license issued for a bowling alley may sell beer and wine on Sunday from noon to midnight. #### Section 32-2004 (a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to midnight. (b) (1) A holder of a Class B beer, wine, and liquor (on-sale) license may sell beer, wine, and liquor: (i) on Monday through Saturday, from 10 a.m. to 2 a.m. the following day; and (ii) on Sunday, from 10 a.m. to midnight, only to customers who are seated at tables on the premises. (2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday. (c) (1) Subject to paragraph (2) of this subsection, a holder of a Class B-SWL license may sell wine for off-premises consumption: (i) on Monday through Saturday, from 10 a.m. to midnight; and (ii) on Sunday, from 12:30 p.m. to midnight. (2) A holder of a Class B-SWL license may exercise the privileges under paragraph (1) of this subsection only if the licensed premises is open for business as a restaurant. (d) (1) A holder of a Class C club beer, wine, and liquor license may sell beer, wine, and liquor: (i) on Monday through Saturday, from 10 a.m. to 2 a.m. the following day; and (ii) on Sunday, from 12:30 p.m. to midnight, only to customers who are seated on the premises. (2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday. (e) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday, from 10 a.m. to 2 a.m. the following day. #### Section 32-2005 The Board shall determine the hour when a license holder shall stop selling alcoholic beverages on the morning of January 1, regardless of the day on which January 1 falls. #### Section 32-2006 When the hours of sale for consumption on the premises end: (1) alcoholic beverages may continue to be consumed on the premises for 30 minutes; and (2) thereafter, each table and bar area shall be cleared of all alcoholic beverages. ### Subtitle 21. Revocation and Suspension of Licenses #### Section 32-2101 (a) The following sections of Title 4, Subtitle 6 ("Revocation and Suspension of Local Licenses") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-602 ("Power of local licensing board"); (2) Sec. 4-603 ("Revocation and suspension procedures"); and (3) Sec. 4-605 ("Nudity and sexual displays"). (b) The following sections of Title 4, Subtitle 6 ("Revocation and Suspension of Local Licenses") of Division I of this article apply in the county: (1) Sec. 4-604 ("Grounds for revocation or suspension"), subject to Sec. 32-2102 of this subtitle; and (2) Sec. 4-606 ("Effects of revocation"), subject to Sec. 32-2103 of this subtitle. #### Section 32-2102 In addition to the grounds for revocation or suspension in Sec. 4-604 of this article, the Board may revoke or suspend a new or transferred license: (1) if the license has not been placed in operation after 6 months following its issuance or transfer; or (2) for a conviction of the license holder for violating State gambling law in or on the licensed premises. #### Section 32-2103 (a) If a license is revoked because the license holder is convicted of violating this article or the provisions of the Tax - General Article that relate to the alcoholic beverage tax, a license may not be issued to the former license holder within 1 year after the revocation. (b) A person other than the former license holder may not obtain a license for the same premises until after 6 months following the revocation. ### Subtitle 22. Expiration of Licenses #### Section 32-2201 Title 4, Subtitle 7 ("Expiration of Local Licenses") of Division I of this article applies in the county without exception or variation. #### Section 32-2202 The Board may authorize the closing of a licensed premises for not more than 6 months if: (1) the Board determines that the licensed premises is seasonally operated; and (2) the license holder submits a written request to the Board at least 30 days before the anticipated date of closing. ### Subtitle 23. Death of License Holder #### Section 32-2301 (a) The following sections of Title 4, Subtitle 8 ("Death of License Holder") of Division I of this article apply in the county without exception or variation: (1) Sec. 4-802 ("Expiration of license on death of license holder"); (2) Sec. 4-804 ("Transfer or reinstatement of license"); (3) Sec. 4-805 ("Rights of protest, revocation, suspension, and restriction"); and (4) Sec. 4-806 ("Refund"). (b) Section 4-803 ("Certificate of permission or renewal license for continuation of business") of Division I of this article applies in the county, subject to Sec. 32-2302 of this subtitle. #### Section 32-2302 (a) (1) On the death of a married license holder or a license holder that holds a license for the benefit of a partnership or corporation, on application to the Board, a new license shall be issued to: (i) the surviving spouse; (ii) the surviving partners for the benefit of the partnership; or (iii) the senior surviving officer of the corporation for the benefit of the corporation. (2) The new license shall be issued: (i) for the balance of the license year; and (ii) without further proceedings. (b) A renewal license may be issued to the following if they are qualified to hold the license: (1) the surviving spouse; (2) the surviving partners of a partnership; or (3) the senior surviving officer of a corporation for the benefit of the corporation. ### Subtitle 24. Judicial Review #### Section 32-2401 Title 4, Subtitle 9 ("Judicial Review") of Division I of this article applies in the county without exception or variation. ### Subtitle 25. Unlicensed Establishments #### Section 32-2501 (a) A person may not serve setups, including drinking containers and ice, or serve, keep, or allow to be consumed any alcoholic beverages or other component parts of mixed alcoholic drinks in a place of adult entertainment that: (1) does not hold a license under this article; and (2) allows at its location any form of attire or sexual display prohibited under Sec. 4-605 of this article. (b) A person who operates a business establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into the establishment. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both. #### Section 32-2502 (a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in: (1) an establishment open to the public; (2) a place of public entertainment; or (3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article. (b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50. ### Subtitle 26. Enforcement #### Section 32-2601 (a) The following sections of Title 6, Subtitle 2 ("Enforcement") of Division I of this article apply in the county without exception or variation: (1) Sec. 6-202 ("Inspections"); (2) Sec. 6-203 ("Use of equipment to measure quantity and quality of alcoholic beverages"); (3) Sec. 6-204 ("Power to summon witnesses"); (4) Sec. 6-205 ("Peace officers"); (5) Sec. 6-206 ("Charging document for unlawful sale of alcoholic beverage"); (6) Sec. 6-207 ("Display of alcoholic beverages as prima facie evidence of sale"); (7) Sec. 6-208 ("Regulating possession or consumption of alcohol in public places"); (8) Sec. 6-209 ("Adoption of standards for authorization of consumption"); and (9) Sec. 6-210 ("State preemption of local disorderly intoxication laws"). (b) Section 6-211 ("Fines and forfeitures") of Division I of this article applies in the county, subject to Sec.Sec. 32-2612 and 32-2613 of this subtitle. #### Section 32-2602 (a) The Board may subpoena records pertaining to a licensed establishment. (b) (1) The Board may petition the circuit court if a witness refuses to produce a subpoenaed record. (2) The court may proceed by attachment against the witness as if the refusal had been by a witness summoned to appear in a case pending before the court. #### Section 32-2603 (a) A judge in the District Court may issue a search warrant if a police officer or other applicant files a complaint or an affidavit that: (1) is sworn to by the applicant; (2) describes with particularity the place or thing to be searched; (3) describes with particularity the things to be searched for; and (4) states that the applicant has reason to believe that alcoholic beverages are sold or kept to be sold or otherwise disposed of in violation of law. (b) A warrant issued under this section shall: (1) be directed to the sheriff, deputy sheriff, or proper police officer; (2) include a copy of the affidavit; (3) require the officer to whom the warrant is directed to search the place or thing described in the warrant, and seize any: (i) alcoholic beverages found in quantities that suggest that they are being kept for sale; (ii) means to sell alcoholic beverages, including furniture, implements, and equipment; (iii) paraphernalia of a barroom or saloon that sells alcoholic beverages; and (iv) United States Internal Revenue tax receipts for the sale of alcoholic beverages dated during the time of the alleged offense; and (4) require the officer to report in writing on the search and make an immediate return on the warrant. (c) An affidavit, a warrant for search, and a report and return shall be substantially in the following form: State of Maryland, Wicomico County, to wit: To: ..............................., of Wicomico County: Greetings: Whereas, there has been filed with the undersigned an affidavit, of which the following is a copy, to wit: Whereas on this .... day of ...., 20.., before the Subscriber, .... in and for said County, personally appeared ...., and made complaint and oath that the applicant has just and reasonable cause to suspect and believe and does suspect and believe that intoxicating liquor is sold, or except for the purpose of being sold or otherwise disposed of in violation of the law in the .... of .... at, in .... of said County, and that in and upon said premises and at said place and house will be found upon search thereof, the following: Intoxicating liquors, and the vessels and bottles in which the same are contained, and barroom, and drinking saloon paraphernalia, and the United States Internal Revenue tax receipt for sale of intoxicating liquor at this time effective (and any other facts material): These Are Therefore, in the name of the State of Maryland, to command you, together with the necessary and proper assistance, to enter into the said .... of the said .... at, in .... in the County aforesaid, and there diligently search for the said intoxicating liquor and means used for the sale of same, or any part thereof as described in the aforegoing affidavit of complaint, and that you bring the same, or any part thereof, found in such search, and the person or persons in whose custody they are found forthwith before me to be disposed of and dealt with according to law; and have you there this warrant. Given under my hand this .... day of ...., 20... ...................................................... Judge of the District Court REPORT AND RETURN To Hon. ...., Judge of the District Court in Wicomico County. This Return and Report, made this .... day of ...., 20.., is to certify, That pursuant and in obedience to the commands of the annexed warrant to me directed, I did on the .... day of ...., 20.., enter and search the place, house and premises described in said warrant and found and seized the following, to wit: (here set forth what was found and seized), and do forthwith bring the same, and one .... the person in whose custody the same were found before you. ................................................ (Person serving warrant) #### Section 32-2604 An applicant for a warrant under this subtitle or an agent of the applicant may: (1) accompany the officer who serves the warrant; (2) point out and enter the place or thing to be searched; and (3) assist the officer in searching the place or thing. #### Section 32-2605 (a) Except as provided in subsection (b) of this section, a warrant may not be issued to search a residence unless: (1) the residence or part of the residence is used as a store, hotel, restaurant, or boarding house; (2) the residence is used as a public resort; or (3) the residence is used to keep, hide, or provide alcoholic beverages to sell or for another use that violates the law. (b) A judge of the District Court may issue a warrant after determining that the issuance would be proper, based on an examination of: (1) the applicant for the warrant; or (2) other evidence. #### Section 32-2606 If an owner or operator of the establishment or thing from which alcoholic beverages or other items are seized cannot be served under this subtitle, the officer seizing the items shall: (1) post a copy of the warrant in a conspicuous location at the place searched at or near the thing searched; and (2) hold the items subject to the order of the court and make return of that action. #### Section 32-2607 In a prosecution under this title: (1) it is not necessary to: (i) describe the place where the alcoholic beverage is sold or handled; (ii) show knowledge on the part of the principal to convict for the acts of the agent; or (iii) state the name of any person to whom the alcoholic beverage is sold; but (2) it is sufficient to state that the violation charged took place in the county. #### Section 32-2608 In a prosecution under this article, a receipt issued by the United States in the county to a person as a wholesaler or retail dealer in alcoholic beverages or malt liquor is prima facie evidence of the sale of the class of alcoholic beverages or malt liquor authorized to be sold under the receipt: (1) by the person; (2) in the county or a place of business of the person where the receipt is posted; and (3) at the time charged in a suit or prosecution under this article, if the time is within the life of the receipt. #### Section 32-2609 (a) Alcoholic beverages and items used to sell alcoholic beverages that are seized shall be held subject to the order of the court to be used as evidence in the prosecution of a violation of this article. (b) Prima facie evidence of the violation of this article includes: (1) alcoholic beverages and items used to sell alcoholic beverages; (2) the means or materials to manufacture, transport, or dispose of the alcoholic beverages; and (3) the paraphernalia of a barroom or saloon. #### Section 32-2610 (a) (1) After scheduling a hearing to determine the purpose for which the alcoholic beverages are kept, the court shall issue a hearing notice to the officer who carried out the search. (2) On receipt of the notice, the officer shall post the notice at or near the place or thing where the alcoholic beverages were found. (b) If no one appears to claim the alcoholic beverages or other seized items at the hearing scheduled in accordance with this section or within 30 days after the hearing, the court shall order that the alcoholic beverages and other items be disposed of. #### Section 32-2611 (a) If a prosecution under this article results in a conviction and an appeal is not taken: (1) alcoholic beverages seized in connection with the prosecution shall be ordered to be destroyed; and (2) other property seized in connection with the prosecution shall continue to be held as the property of the defendant or the owner. (b) If a prosecution under this article does not result in a conviction, property seized in connection with the prosecution shall be returned to the person from whom it was taken. (c) (1) Subject to paragraph (2) of this subsection, a person's claim of insufficiency of the description of the alcoholic beverages seized under this subtitle or the place or thing searched provided in the complaint or warrant does not result in the immediate return of the alcoholic beverages to the person. (2) The person with a claim of insufficiency under paragraph (1) of this subsection is entitled to a hearing on the claim when the case is tried. (3) A conviction under this subtitle bars an action for: (i) the recovery of alcoholic beverages or the value of alcoholic beverages; or (ii) damages alleged to have arisen from seizing alcoholic beverages. (4) Alcoholic beverages or other items seized under this subtitle may not be taken from the custody of the officer by a writ of replevin or other process while a prosecution under this subtitle is pending. #### Section 32-2612 One-half of each fine imposed in the county shall be distributed as provided under Sec. 7-507 of the Courts Article. #### Section 32-2613 (a) (1) The county may use any part of the fines for a violation of this article to hire detectives or undercover agents. (2) A detective or an undercover agent hired under this section shall be deputized as an officer. (b) When money is not available from fines, the County Commissioners may appropriate not more than $200 annually from the general fund of the county to enforce this subtitle. #### Section 32-2614 (a) A place where alcoholic beverages are sold in violation of this article or Title 5 of the Tax - General Article is a public nuisance. (b) (1) On conviction of the owner or operator of the place, the place may be closed and the public nuisance may be abated until a $2,000 bond is posted, payable to the State. (2) The bond shall be conditioned on the owner or operator: (i) not selling alcoholic beverages in violation of this article; and (ii) paying all fines, costs, and damages assessed against the owner. (3) If a condition of the bond is violated, the county may bring action against the owner or operator for fines, costs, and damages. (c) If a jury trial is requested or appeal is taken in a case in which a place is alleged to be a public nuisance, the place shall be closed until the defendant posts a $2,000 bond under the same conditions as those specified under subsection (b) of this section. (d) A person who owns or operates a public nuisance as described in subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200 or imprisonment not exceeding 6 months or both. ### Subtitle 27. Prohibited Acts #### Section 32-2701 (a) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county without exception or variation: (1) Sec. 6-305 ("Proof of age for sale of alcoholic beverages"); (2) Sec. 6-306 ("Defense to prosecution for sale to underage individual"); (3) Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder"); (4) Sec. 6-309 ("Allowing on-premises consumption or possession of alcoholic beverages by individual under the age of 21 years"); (5) Sec. 6-310 ("Providing free food"); (6) Sec. 6-311 ("Restrictions on purchases and sales by retail dealer"); (7) Sec. 6-312 ("Beverage misrepresentation"); (8) Sec. 6-313 ("Tampering with alcoholic beverage container"); (9) Sec. 6-314 ("Sale of alcoholic beverage container with detachable metal tab"); (10) Sec. 6-315 ("Alcoholic beverage in container without regular label presumed illicit"); (11) Sec. 6-316 ("Maximum alcohol content"); (12) Sec. 6-317 ("Multiple serving purchase required"); (13) Sec. 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder"); (14) Sec. 6-320 ("Disorderly intoxication"); (15) Sec. 6-321 ("Consumption of alcoholic beverages in public"); (16) Sec. 6-323 ("Possession or use of Alcohol Without Liquid machine"); (17) Sec. 6-326 ("Sale of alcoholic beverages in powder or crystalline form prohibited"); (18) Sec. 6-327 ("Unlicensed out-of-state sale of alcoholic beverages"); (19) Sec. 6-328 ("Tax evasion"); (20) Sec. 6-329 ("Destruction of evidence"); and (21) Sec. 6-330 ("Perjury"). (b) The following sections of Title 6, Subtitle 3 ("Prohibited Acts") of Division I of this article apply in the county: (1) Sec. 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years"), subject to Sec. 32-2702 of this subtitle; (2) Sec. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual"), subject to Sec. 32-2703 of this subtitle; and (3) Sec. 6-322 ("Possession of open container"), subject to Sec. 32-2704 of this subtitle. #### Section 32-2702 The granting of probation before judgment to a license holder or an employee of the license holder for a violation of Sec. 6-304 of this article does not bar the Board from proceeding administratively against the license holder for the violation. #### Section 32-2703 The granting of probation before judgment to a license holder or an employee of the license holder for a violation of Sec. 6-307 of this article does not bar the Board from proceeding administratively against the license holder for the violation. #### Section 32-2704 An individual may possess an alcoholic beverage in an open container on private property described under Sec. 6-322(a)(1) of this article only if the individual possesses and presents the written consent of the owner of the property. #### Section 32-2705 (a) (1) A license holder or an agent or an employee of the license holder may not allow an individual under the age of 21 years to loiter about the premises for which a Class B or Class D beer license is issued. (2) An individual under the age of 21 years may not loiter or be a nuisance on the premises for which a Class B or Class D beer license is issued. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $200 or both. ### Subtitle 28. Penalties #### Section 32-2801 Section 6-402 ("General penalty") of Division I of this article applies in the county. #### Section 32-2802 (a) The Board may suspend a license or impose a fine not exceeding $5,000 or both for a violation that is cause for suspension under the alcoholic beverage laws affecting the county. (b) Fines collected under this section shall be paid to the director of finance. --- Md. Code Ann., Alco. Bev. (as displayed at mgaleg.maryland.gov, October 16, 2026)