# Alcoholic Beverages and Cannabis (GAB)

## Title 33. Worcester County

### Subtitle 1. Definitions; General Provisions

#### Section 33-101

(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 Worcester County.

(c) "County" means Worcester County.

(d) "Taxpayer" means an individual who:

  (1) owns real estate in the county in the individual's own name, individually or jointly with others; and

  (2) pays real estate taxes to the county.

#### Section 33-102

This title applies only in Worcester County.

#### Section 33-103

Notwithstanding Sec. 1-203 of this article, a municipality may require a license holder for a place of business in the municipality to pay to the municipality an additional annual license fee not exceeding 20% of the fee payable under this article.

#### Section 33-104

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners 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 33-201

There is a Board of License Commissioners for Worcester County.

#### Section 33-202

(a) The Governor shall appoint five members to the Board, subject to the advice and consent of the Senate.

(b) Each member of the Board shall be:

  (1) a resident and voter of the county; and

  (2) an individual of high character and integrity and of recognized business capacity.

(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 June 1, 2026.

(d)

  (1) The Governor shall appoint an eligible individual to fill a vacancy during the remainder of the term of office of the individual originally appointed in accordance with subsection (a) of this section.

  (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 33-203

(a) In addition to the regular members of the Board, the Governor shall appoint a substitute Board member.

(b)

  (1) The term of the substitute member is 4 years.

  (2) The substitute member:

    (i) shall serve on the Board in the absence of a quorum of the regular members due to illness or conflict of interest; and

    (ii) has all of the powers and duties of a regular member when serving on the Board.

#### Section 33-204

In making the appointments, the Governor shall designate a chair from among the members of the Board.

#### Section 33-205

(a)

  (1) The chair of the Board shall receive a salary of not less than $2,500 annually, as determined by the County Commissioners.

  (2) Each other regular member of the Board shall receive a salary of not less than $2,100 annually, as determined by the County Commissioners.

  (3) The substitute member of the Board shall receive compensation that the County Commissioners determine for services when acting on the Board.

(b) Subject to Sec. 33-206 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.

#### Section 33-206

(a)

  (1) The Board may appoint an inspector with the consent of the County Commissioners.

  (2) The salary of the inspector shall be as provided in the county budget.

(b) The inspector has 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 inspector, including the proper administration and enforcement of the alcoholic beverages laws in the county.

(d) The inspector shall take the oath required by Article I, Sec. 9 of the Maryland Constitution.

#### Section 33-207

The Board of County Commissioners shall pay the salaries and expenses of the Board of License Commissioners.

#### Section 33-208

(a) A person may not play on licensed premises music that exceeds the noise level limits established under local law.

(b) The Board may regulate the playing time and noise level of live music, a mechanical music box, or a sound making device on licensed premises if the sound disturbs the peace, tranquility, safety, and health of the surrounding neighborhood.

(c) If the Board finds that a licensed premises is in violation of this section, the Board may:

  (1) require the license holder to alter the time that the music is played;

  (2) require the license holder to reduce the noise level; or

  (3) take any other enforcement action that is authorized under this article.

#### Section 33-209

The Board may adopt regulations to carry out this article.

### Subtitle 3. Department of Liquor Control

#### Section 33-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Department" means the Department of Liquor Control for the county.

(c) "Dispensary" means a store established and maintained by the Department for the sale of alcoholic beverages.

#### Section 33-302

There is a Department of Liquor Control in the county government, which functions as a liquor control board.

#### Section 33-303

(a) The Board of County Commissioners shall appoint the director of the Department.

(b) The director shall serve at the pleasure of the Board of County Commissioners.

(c)

  (1) The director of the Department 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.

#### Section 33-304

(a) The Department shall appoint employees necessary to operate the dispensary system, set employee compensation, and require a bond for the faithful performance of employee duties.

(b)

  (1) An employee of the Department 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.

#### Section 33-305

(a)

  (1) Subject to Sec. 1-319 of this article, and except as provided in subsection (c) of this section:

    (i) the Department has a monopoly on the sale and distribution of wine, liquor, or any other alcoholic beverage containing more than 14% of alcohol by volume in the county; and

    (ii) a license holder shall purchase all wine containing more than 14% of alcohol by volume and liquor from the Department.

  (2) A license holder may purchase beer and wine containing 14% alcohol by volume or less from a licensed wholesaler.

(b) Except as provided in subsection (c) of this section, a license holder who purchases wine or liquor from the Department may not be charged more than 85% of the retail price or any special sale price or discount price, whichever is lower, set by the Department.

(c)

  (1)

    (i) A license holder in the county may elect to purchase wine or liquor from a licensed wholesaler by providing written notice of the license holder's intent to the Department at least 60 days before the date the purchasing activity is to start.

    (ii) The notice shall contain:

      (1) the name of the license holder;

      (2) the name and address of the licensed premises; and

      (3) the date that the notice was sent to the Department.

  (2) A license holder that meets the requirements of this subsection may purchase wine or liquor from a licensed wholesaler in addition to or instead of the Department.

  (3)

    (i) The Department shall issue a letter of confirmation to a license holder that meets the requirements of this subsection.

    (ii) The license holder shall display the letter conspicuously on the licensed premises.

#### Section 33-306

(a) Subject to Sec. 1-319 of this article, the Department may:

  (1) purchase from a holder of a wholesaler's license or manufacturer's license alcoholic beverages that the Department 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 Department 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 the Department determines and that are uniform in all dispensaries;

  (4) refuse to sell alcoholic beverages to a person that, in the judgment of the Department, 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 of 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) subject to Sec. 33-307(d) of this subtitle, establish the hours of sale for dispensaries, outside of which a dispensary may not remain open.

(b)

  (1) Subject to Sec. 1-319 of this article and the approval of the County Commissioners, the Director of the Department may purchase or otherwise acquire:

    (i) real or personal property that the Director considers necessary to operate dispensaries, stores, or warehouses; and

    (ii) subject to paragraph (2) of this subsection, wine and liquor from any source for resale.

  (2)

    (i)

      (1) Acting as a wholesaler, the Department may purchase wine and liquor, on which the excise tax has not been paid, from a licensed wholesaler.

      (2) The Department may only resell the wine and liquor purchased under this subparagraph to a nondispensary, licensed retailer and only after the excise tax has been paid.

    (ii) Acting as a retailer, the Department may purchase wine and liquor, on which the excise tax has been paid, from a licensed wholesaler for retail sale in dispensary stores.

#### Section 33-307

(a) The Department may establish and maintain stores known as "dispensaries".

(b) A dispensary:

  (1) may sell any alcoholic beverage except beer; and

  (2) shall sell alcoholic beverages in a sealed package or container.

(c) The Department may establish and maintain dispensaries only in:

  (1) Berlin;

  (2) Ocean City;

  (3) Pocomoke City;

  (4) Snow Hill;

  (5) a rural area approved by the Department and the County Commissioners; and

  (6) a housing development that:

    (i) has a population of at least 10,000 individuals;

    (ii) is overseen by a homeowners association; and

    (iii) has a special police force commissioned under Title 3, Subtitle 3 of the Public Safety Article.

(d) The Department may sell or deliver liquor to a retail license holder from 6 a.m. to midnight Monday through Saturday and from 9 a.m. to 5 p.m. on Sunday.

(e) A person may not open or consume the contents of a sealed package or container containing alcoholic beverages on the premises of the dispensary where sold.

(f) Title 4, Subtitle 2 of this article does not apply to this section.

#### Section 33-308

(a) The Department shall apply proceeds derived from the operation of dispensaries first toward the repayment of money that was loaned to or borrowed by the Department.

(b) After repayment under subsection (a) of this section, the Department may create and maintain a reserve fund not exceeding $400,000 to:

  (1) provide adequate working capital; and

  (2) cover any losses sustained by the Department in operating the dispensaries.

(c)

  (1) After the distributions under subsections (a) and (b) of this section, the Department shall distribute on or before June 1 annually:

    (i) the proceeds generated by dispensaries in rural areas outside of a municipal boundary to the county general fund; and

    (ii) of the remaining proceeds:

      (1) 50% to the County Commissioners; and

      (2) 50% to the mayors and city councils of Berlin, Ocean City, Pocomoke City, and Snow Hill, and homeowners associations that oversee an area in which a dispensary has been established, in amounts determined under paragraph (2) of this subsection.

  (2)

    (i) The Department shall distribute the proceeds due to municipalities listed in paragraph (1)(ii)2 of this subsection and homeowners associations proportionally according to the net profits on total sales derived from the dispensaries in each municipality or area overseen by a homeowners association.

    (ii) If County Commissioners consent for each municipality listed in paragraph (1)(ii)2 of this subsection, to determine the share of a municipality, a dispensary within 2 miles outside of the municipal boundary shall be considered to be within the municipal boundary.

    (iii) Distributions paid to a municipality under this subsection shall be used for general municipal purposes.

    (iv) Distributions paid to a homeowners association shall be used for the benefit of the special police force of the housing development.

#### Section 33-309

(a)

  (1) The Department shall keep accurate records of:

    (i) all purchases of alcoholic beverages; and

    (ii) a complete statement of the business conducted by the Department and the operational achievements of the dispensary system.

  (2) The records shall be open to inspection by the Comptroller or the Executive Director during regular business hours.

(b) The Department shall submit a report annually to the County Commissioners for the period ending on April 30.

### Subtitle 4. Manufacturer's Licenses

#### Section 33-401

(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. 2-208 ("Class 6 pub-brewery license");

  (9) Sec. 2-210 ("Class 8 farm brewery license");

  (10) Sec. 2-211 ("Residency requirement");

  (11) Sec. 2-212 ("Additional licenses");

  (12) Sec. 2-213 ("Additional fees");

  (13) Sec. 2-214 ("Sale or delivery restricted");

  (14) Sec. 2-215 ("Beer sale on credit to retail dealer prohibited");

  (15) Sec. 2-216 ("Interaction between manufacturing entities and retailers");

  (16) Sec. 2-217 ("Distribution of alcoholic beverages -- Prohibited practices"); and

  (17) Sec. 2-218 ("Restrictive agreements between producers and retailers -- Prohibited").

(b) Section 2-209 ("Class 7 micro-brewery license") of Division I of this article applies in the county, subject to Sec. 33-403 of this subtitle.

#### Section 33-402

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 33-403

(a) This section applies to a Class 7 micro-brewery license in the county.

(b) Notwithstanding Sec. 2-209 (b) of this article, the license may be issued only to the holder of:

  (1) a Class B beer, wine, and liquor (on-sale) license that is issued for use on the premises of a restaurant located in the county; or

  (2) a holder of a Class D beer (off-sale) license that is issued for use on the premises of the Class D license if the premises is located in the Town of Berlin.

(c) The hours and days of sale under a Class 7 micro-brewery license are the same as those for a Class D license.

### Subtitle 5. Wholesaler's Licenses

#### Section 33-501

(a) 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. 2-304 ("Class 3 beer and wine wholesaler's license");

  (3) Sec. 2-305 ("Class 4 beer wholesaler's license");

  (4) Sec. 2-306 ("Class 5 wine wholesaler's license");

  (5) Sec. 2-307 ("Class 6 limited wine wholesaler's license");

  (6) Sec. 2-308 ("Class 7 limited beer wholesaler's license");

  (7) Sec. 2-309 ("Sale and delivery of beer or wine from wholesaler's vehicle");

  (8) Sec. 2-310 ("Sale and delivery to retail license holder");

  (9) Sec. 2-311 ("Additional wholesaler's licenses");

  (10) Sec. 2-312 ("Direct importation of alcoholic beverages");

  (11) Sec. 2-313 ("Sale or delivery restricted to holder of license or permit");

  (12) Sec. 2-315 ("Interaction between wholesaling entities and retailers");

  (13) Sec. 2-316 ("Distribution of alcoholic beverages -- Prohibited practices"); and

  (14) Sec. 2-317 ("Restrictive agreements between wholesalers and retailers -- Prohibited").

(b) The following sections of Title 2, Subtitle 3 ("Wholesaler's Licenses") of Division I of this article apply in the county:

  (1) Sec.Sec. 2-302 ("Class 1 beer, wine, and liquor wholesaler's license") and 2-303 ("Class 2 wine and liquor wholesaler's license"), subject to Sec. 33-505 of this subtitle; and

  (2) Sec. 2-314 ("Beer sale on credit to retail dealer prohibited"), subject to Sec. 33-504 of this subtitle.

#### Section 33-502

Except as provided in Sec. 33-503 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 33-503

(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.

#### Section 33-504

(a)

  (1) Notwithstanding Sec. 2-314 of this article, a wholesaler may sell beer on credit to a retail dealer if:

    (i) the retail dealer has been doing business for at least 2 years; and

    (ii) the term of credit extended to the retail dealer does not exceed 10 days, with no grace period.

  (2) A wholesaler that extends credit under this subsection may establish different prices for cash and credit transactions.

(b)

  (1)

    (i) A wholesaler may not intentionally deliver beer to a retail dealer to whom any wholesaler has extended credit under this section if the retail dealer:

      (1) fails to pay the balance owed or makes a payment on the debt by bad check; and

      (2) is currently listed on the county beer credit control list in accordance with regulations that the Executive Director issues.

    (ii) A wholesaler who violates this paragraph is subject to a fine not exceeding $1,000 for each delivery.

  (2) The Board may not transfer or renew the license of a retail dealer if the dealer was extended credit under this section and owes a balance on the debt at the time of the transfer or renewal.

  (3) A retail dealer that fails to satisfy a debt on credit extended under this section on three separate occasions within a single calendar year may not obtain beer on credit for 2 years after the third occurrence.

  (4)

    (i) A retail dealer may request a hearing with the Executive Director within 10 days after being listed on the county beer credit control list for failure to comply with this section.

    (ii) The Executive Director shall remove immediately from the county beer credit control list a retail dealer who requests a hearing, pending the disposition of the hearing.

(c) A suit or civil action to enforce or collect a claim for credit extended in violation of this section may not be maintained in the State.

(d) The Executive Director shall enforce subsections (a) and (b) of this section and shall adopt regulations to carry out those subsections.

#### Section 33-505

A license holder in the county may elect to purchase wine or liquor from a licensed wholesaler under Sec. 33-305(c) of this title.

### Subtitle 6. Beer Licenses

#### Section 33-601

(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) The license holder shall sell the beer 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 was sold.

(c) The annual license fees are:

  (1) $225 for a 6-day license; and

  (2) $250 for a 7-day license.

#### Section 33-602

(a) There is a Class B beer license.

(b) 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-premises consumption or on- and off-premises consumption.

(c) The annual license fees are:

  (1) $275 for a 6-day license; and

  (2) $350 for a 7-day license.

(d)

  (1) The Board may issue a temporary to-go event permit under Sec. 33-1105 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. 33-1311 of this title.

  (2) The temporary to-go permit authorizes the holder to sell at retail beer in approved to-go cups that may be carried outside the licensed establishment and into the designated special event area.

#### Section 33-603

(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 $150.

#### Section 33-604

(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-premises consumption or on- and off-premises consumption.

  (2) A license may not be issued for a drugstore.

(c) The annual license fees are:

  (1) $325 for a 6-day license; and

  (2) $450 for a 7-day license.

(d)

  (1) The Board may issue a temporary to-go event permit under Sec. 33-1105 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. 33-1311 of this title.

  (2) The temporary to-go permit authorizes the holder to sell at retail beer in approved to-go cups that may be carried outside the licensed establishment and into the designated special event area.

### Subtitle 7. Wine Licenses

#### Section 33-701

(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 wine produced at the winery on the premises described in the license.

  (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 33-801

The wine that may be sold under a beer and wine license may not contain more than 22% of alcohol by volume.

#### Section 33-802

(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) The annual license fees are:

  (1) $250 for a 6-day license; and

  (2) $300 for a 7-day license.

#### Section 33-803

(a) There is:

  (1) a Class B beer and wine 6-day license; and

  (2) a Class B beer and wine 7-day license.

(b) 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-premises consumption or on- and off-premises consumption.

(c) The annual license fees are:

  (1) $300 for a 6-day license; and

  (2) $400 for a 7-day license.

(d)

  (1) The Board may issue a temporary to-go event permit under Sec. 33-1105 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. 33-1311 of this title.

  (2) The temporary to-go permit authorizes the holder to sell at retail beer and wine in approved to-go cups that may be carried outside the licensed establishment and into the designated special event area.

#### Section 33-804

(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 $200.

#### Section 33-805

(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-premises consumption or on- and off-premises consumption.

(c) The license may not be issued for use by a drugstore.

(d) The annual license fees are:

  (1) $350 for a 6-day license; and

  (2) $500 for a 7-day license.

(e)

  (1) The Board may issue a temporary to-go event permit under Sec. 33-1105 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. 33-1311 of this title.

  (2) The temporary to-go permit authorizes the holder to sell at retail beer and wine in approved to-go cups that may be carried outside the licensed establishment and into the designated special event area.

### Subtitle 9. Beer, Wine, and Liquor Licenses

#### Section 33-901

(a) There is a Class A beer, wine, and liquor license.

(b)

  (1) The Board may issue the license to an individual for use at:

    (i) a store previously operated by the Department of Liquor Control;

    (ii) subject to paragraph (2) of this subsection, an establishment outside a 10-block radius of a store previously operated by the Department of Liquor Control that is in Ocean City; or

    (iii) subject to paragraph (2) of this subsection, an establishment outside a 1-mile radius of a store previously operated by the Department of Liquor Control that is not in Ocean City.

  (2) A distance restriction described in paragraph (1)(ii) or (iii) of this subsection on issuing licenses to establishments expires on the earlier of:

    (i) July 1, 2017; or

    (ii) the date a license is issued for use by a store previously operated by the Department of Liquor Control to which the distance restriction applies.

(c)

  (1) The license authorizes the license holder to sell beer, wine, and liquor, at retail, at the place described in the license.

  (2) The license holder shall sell the beer, wine, and liquor 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, wine, or liquor is sold.

(d) The annual license fee is $4,500.

#### Section 33-902

(a) There are:

  (1) a Class B beer, wine, and liquor 6-day license; and

  (2) a Class B beer, wine, and liquor 7-day license.

(b)

  (1) The Board may issue a 6-day license for use in:

    (i) a hotel that has at least 20 rooms and serves meals regularly; or

    (ii) a restaurant that has seating at tables for at least 70 individuals.

  (2) The Board may issue a 7-day license for use in:

    (i) a hotel that:

      (1) has at least 20 rooms and serves meals regularly;

      (2) provides services ordinarily found in hotels;

      (3) has a lobby with a registration and mail desk and seating facilities; and

      (4) has an enclosed dining area that serves full-course meals from menus at least two times a day; or

    (ii) a restaurant that has:

      (1) a seating capacity at tables for at least 70 individuals;

      (2) an enclosed dining area that serves full-course meals from menus at least two times a day; and

      (3) average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages during the license term.

  (3) The Board may not issue a license under this section for use in a hotel or restaurant unless the hotel or restaurant is:

    (i) operated in a clean and sanitary manner; and

    (ii) has proper restroom facilities.

  (4) Before a license under this section may be issued for a premises in a municipality, the license application:

    (i) shall be approved by the Board; and

    (ii) may be subject to approval by the mayor and town council of the municipality.

(c) A license under this section authorizes the license holder to sell beer, wine, and liquor, at retail, at the place described in the license, for on-premises consumption or on- and off-premises consumption.

(d)

  (1) The annual license fees are:

    (i) $1,750 for a 6-day license; and

    (ii) $2,000 for a 7-day license.

  (2)

    (i) Subject to subparagraph (ii) of this paragraph, all license fees shall be distributed to the general fund of the county.

    (ii) If the licensed premises is located in a municipality, 75% of the license fees shall be distributed to the municipality.

(e)

  (1) The Board may issue a temporary to-go event permit under Sec. 33-1105 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. 33-1311 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 33-903

(a) There are:

  (1) a Class C (fishing club) beer, wine, and liquor license;

  (2) a Class C (fraternal/sororal/service organization) beer, wine, and liquor license;

  (3) a Class C (golf, tennis, or swimming club) beer, wine, and liquor license; and

  (4) a Class C (veterans' organization or club) beer, wine, and liquor license.

(b)

  (1) This section does not apply to a "bring your own bottle" social function at which alcoholic beverages are provided only by the participants or guests.

  (2) If such a social function is held in a facility open to the public, the function shall be held during the hours of operation allowed under a Class C license.

(c)

  (1) The Board may issue the fishing club license for use by a club that:

    (i) is organized to promote the sport of fishing;

    (ii) owns its own building;

    (iii) has been in existence for at least 5 years before the application for the license is made;

    (iv) has at least 25 members paying dues of at least $25 per year per adult member;

    (v) operates only for the use of its members and guests when accompanied by members; and

    (vi) meets in a clubhouse principally used for its members and guests.

  (2) The Board may issue the fraternal/sororal/service organization license for use by a lodge or chapter of a nationwide nonprofit fraternal, sororal, or service organization that:

    (i) is composed of inducted members;

    (ii) was operating in the county for at least 5 years before the application for the license was made;

    (iii) has at least 40 members paying dues of at least $5 per year per member; and

    (iv) owns or operates a home or clubhouse principally used for members and guests when accompanied by members.

  (3) The Board may issue the golf, tennis, or swimming club license for use by a country club, not including a miniature golf course, that:

    (i) has been incorporated for at least 1 year before the application for the license was made;

    (ii) has at least 100 members paying dues of at least $10 per year per adult member;

    (iii) has facilities for preparing and serving food on the premises to members and guests when accompanied by members; and

    (iv) owns or operates on the premises a clubhouse principally used for its members and guests.

  (4) The Board may issue the veterans' organization or club license for use by a local unit of a nationwide nonprofit organization or club that:

    (i) is composed only of members who served in the armed forces of the United States in a war in which the United States has been engaged;

    (ii) has held a charter from a national veterans' organization for at least 5 years before the application for the license is made;

    (iii) has at least 15 members paying dues of at least $5 per year per member;

    (iv) operates only for the use of its members and guests when accompanied by members; and

    (v) meets in a clubhouse principally used for its members and guests.

(d) 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.

(e) To qualify for a 7-day license, a club shall:

  (1) have an enclosed dining area that has a seating capacity for at least 60 individuals; and

  (2) serve full-course meals from menus at least twice daily.

(f) A club or organization that is issued a Class C license may:

  (1) serve, sell, provide, or dispense alcoholic beverages to its members or guests;

  (2) keep alcoholic beverages for its members or guests;

  (3) allow on-premises consumption by its members or guests of any alcoholic beverages that have been reserved or purchased from the club by its members or guests;

  (4) from the supplies that its members or guests have previously purchased or reserved, serve or provide alcoholic beverages or allow alcoholic beverages to be consumed by members or guests after legal closing hours; or

  (5) sell, dispense, serve, keep, or allow to be consumed any setups or other component parts of mixed alcoholic drinks to its members or guests.

(g) The annual license fees:

  (1) for a 6-day license is $500; and

  (2) for a 7-day license is $750.

#### Section 33-904

(a) There are:

  (1) a 6-day Class D beer, wine, and liquor license; and

  (2) a 7-day Class D beer, wine, and liquor license.

(b) The Board may issue a license under this section only for premises within:

  (1) the corporate limits of Ocean City;

  (2) the boundary lines of the 10th taxing district;

  (3) the area bounded by U.S. Route 50 to the south, Turville Creek and Herring Creek to the east, St. Martin River to the north, and Maryland Route 589 to the west;

  (4) the area bounded by Maryland Route 589 to the north and east, U.S. Route 50 to the south, and U.S. Route 113 to the west;

  (5) from the intersection of Maryland Route 589 and U.S. Route 50, an area bounded by a line that extends 1,500 feet south of U.S. Route 50, east to the boundary of the 10th taxing district, north along the 10th taxing district boundary to U.S. Route 50, and west to the intersection of Maryland Route 589 and U.S. Route 50;

  (6) the corporate limits of the Town of Berlin; and

  (7) the corporate limits of the Town of Snow Hill.

(c) A license under this section authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on-premises consumption and beer and wine for off-premises consumption.

(d) The annual license fees, set by the County Commissioners, may not be less than:

  (1) $3,000 for a 6-day license; and

  (2) $3,500 for a 7-day license.

(e)

  (1) The Board may issue a temporary to-go event permit under Sec. 33-1105 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. 33-1311 of this title.

  (2) The temporary to-go 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 33-905

(a) There are:

  (1) a 6-day Class H beer, wine, and liquor license; and

  (2) a 7-day Class H beer, wine, and liquor license.

(b) The Board may issue a license under this section for a hotel or restaurant.

(c) A license under this section authorizes the license holder to sell beer, wine, and liquor at retail, at the place described in the license, for on-premises consumption.

(d) The annual license fees are:

  (1) $1,700 for a 6-day license; and

  (2) $2,400 for a 7-day license.

#### Section 33-906

(a) There is a Class I beer, wine, and liquor license.

(b)

  (1) The Board may only issue the license for a premises within:

    (i) the corporate limits of Ocean City;

    (ii) the boundary lines of the 10th election district;

    (iii) the boundary lines of the 2nd precinct of the 3rd election district; or

    (iv) the area bounded by Maryland Route 589 to the north and east, U.S. Route 50 to the south, and U.S. Route 113 to the west, all of which lie within the 1st precinct of the 3rd election district.

  (2) 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.

(c)

  (1) A license holder may purchase:

    (i) wine and liquor from:

      (1) the Department of Liquor Control for the county; or

      (2) a licensed wholesaler; and

    (ii) beer from a licensed wholesaler.

  (2) The Department of Liquor Control for the county shall charge a license holder the lesser of the following prices set by the Department:

    (i) 85% of the retail price of the wine or liquor; and

    (ii) the special sale price or discount price.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class I beer, wine, and liquor license under Sec. 33-2005(e) of this title.

(e)

  (1) The license fees, set by the County Commissioners, may not be less than:

    (i) $2,500 for a 6-day license; and

    (ii) $3,000 for a 7-day license.

  (2)

    (i) Subject to subparagraph (ii) of this paragraph, license fees shall be distributed to the general fund of the county.

    (ii) If the licensed premises are in a municipality, 75% of the fees shall be distributed to the municipality.

### Subtitle 10. Licenses for Specific Types of Organizations and Venues

#### Section 33-1001

(a) There is a Class EF (entertainment facility) beer, wine, and liquor license.

(b) The Board may issue the license to an applicant that has a capital investment in the facility for which the license is sought of at least $45,000,000.

(c)

  (1) The license authorizes the license holder to sell beer, wine, and liquor:

    (i) by the drink and bottle;

    (ii) from one or more outlets in the entertainment facility; and

    (iii) for consumption anywhere in the entertainment facility.

  (2) The license authorizes the playing of music and dancing.

  (3) The Board may issue one or more licenses for the same facility.

(d) The license holder may sell and serve beer, wine, and liquor on each day that the entertainment facility is open for business, from 9 a.m. to 4 a.m. the following day.

(e) The annual license fee is $15,000.

#### Section 33-1002

(a) There is a Class C (golf course) beer, wine, and liquor license.

(b) The Board may issue the license for use by 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 that are part of the golf course.

  (2) A patron need not be seated to be served.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C beer, wine, and liquor license under Sec. 33-2005 of this title.

(e) The annual license fee is $2,625.

#### Section 33-1003

(a) There is an Ocean City Convention Hall license.

(b) The Board may issue the license to the Convention Hall Commission and its successors for use on the premises of the Ocean City Convention Hall.

(c) The Ocean City Convention Hall Commission may:

  (1) authorize a vendor to sell alcoholic beverages for on-premises consumption under the license that the Commission is issued; and

  (2) contract to receive part of the revenue derived from the vendor's sale of alcoholic beverages.

(d) This section does not affect the operation of Sec. 33-1102 of this title.

#### Section 33-1004

(a) There is a Class D Ocean City municipal golf course beer, wine, and liquor license.

(b)

  (1) The Board may issue the license to the Mayor of Ocean City for on-premises consumption for use on the premises of the Ocean City municipal golf courses.

  (2) A separate license is required for each Ocean City municipal golf course.

(c)

  (1) The license authorizes the license holder to sell beer, wine, and liquor for on-premises consumption 7 days a week on the premises of an Ocean City golf course.

  (2) The license holder may contract with a concessionaire to sell beer, wine, and liquor for on-premises consumption.

(d)

  (1) Before the license is issued, the Mayor shall designate an individual to complete training in an alcohol awareness program approved under Sec. 4-505 of this article.

  (2) The individual designated by the Mayor shall:

    (i) represent the concessionaire; and

    (ii) be directly involved with the management of the sale of beer, wine, and liquor by the concessionaire.

(e) The license holder may sell beer, wine, and liquor:

  (1) during the hours and days as set out for a Class D beer, wine, and liquor license under Sec. 33-2005 of this title; or

  (2) during fewer hours as specified by the license holder.

(f) The license:

  (1) shall be issued and renewed without charge or an annual fee; and

  (2) may not be transferred.

#### Section 33-1005

(a) There is a racetrack:

  (1) beer license;

  (2) beer and wine license; and

  (3) beer, wine, and liquor license.

(b)

  (1) The Board may issue a license under this section to:

    (i) the owner of a licensed horse racing establishment that holds public meetings at which pari-mutuel betting is allowed; or

    (ii) the concessionaire or catering organization at the racing establishment, whether an individual, an association, or a corporation.

  (2) There are no residential or voting qualifications for a license under this section.

(c) The license authorizes the license holder to sell the alcoholic beverages stated on the license at one or more locations in the racing park of the license holder.

(d) A license holder may purchase:

  (1) beer, wine, and liquor from a holder of a wholesaler's license; or

  (2) wine and liquor from the county Department of Liquor Control, which shall sell wine and liquor to a license holder at a discount of at least 15% from the retail sales price or any special sale price or discount price, whichever is lower.

(e) The annual fee for:

  (1) the beer license is the same as the fee for other beer licenses in the county;

  (2) the beer and wine license is the same as the fee for other beer and wine licenses in the county; and

  (3) the beer, wine, and liquor license is $1,500.

### Subtitle 11. Additional License Privileges

#### Section 33-1101

(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 Title 4, Subtitle 11 ("Additional License Privileges") 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. 33-1103 of this subtitle; and

  (2) Sec. 4-1106 ("Nonrefillable container permit -- Draft beer"), subject to Sec. 33-1104 of this subtitle.

#### Section 33-1102

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Commission" means the Ocean City Convention Hall Commission.

  (3) "Organization" includes the following types of nonprofit organizations:

    (i) armed services;

    (ii) charitable;

    (iii) civic;

    (iv) employees;

    (v) firefighters;

    (vi) fraternal;

    (vii) governmental-support;

    (viii) hospital;

    (ix) labor;

    (x) patriotic;

    (xi) political;

    (xii) professional;

    (xiii) religious;

    (xiv) trade; and

    (xv) war veterans.

(b) With the approval of the Commission, the Board may allow the members and guests of an organization to bring their own alcoholic beverages onto the premises of the Ocean City Convention Hall without first obtaining a license if:

  (1) the alcoholic beverages are not sold; and

  (2) the consumption of the alcoholic beverages is restricted to the premises.

(c) With the approval of the Commission, the Board may allow the Mayor and City Council of Ocean City or their designee to sponsor a function at which patrons are allowed to bring their own alcoholic beverages onto the premises of the Ocean City Convention Hall without first obtaining a license if:

  (1) the alcoholic beverages are not sold; and

  (2) the consumption of the alcoholic beverages is on the premises only.

#### Section 33-1103

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class B or Class D license.

(b) Before the Board issues the permit to an applicant, the applicant shall:

  (1) complete the form that the Board provides; and

  (2) pay an annual permit fee of $500.

(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 shall be included in the calculation of average daily receipts from the sale of alcoholic beverages under a Class B restaurant license and a Class B hotel license.

#### Section 33-1104

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class B license or a Class D license.

(b)

  (1) Before the Board issues the permit to an applicant, the applicant shall:

    (i) complete the form that the Board provides; and

    (ii) except as provided in paragraph (2) of this subsection, pay an annual permit fee of $500.

  (2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.

(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 shall be included in the calculation of average daily receipts from the sale of alcoholic beverages under a Class B restaurant license and a Class B hotel license.

#### Section 33-1105

(a) There is a temporary to-go event permit.

(b) The Board may issue the permit to a holder of a Class B license or a Class D 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 or the licensed establishment of the Class D 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 33-1201

(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, wine, and liquor license; and

  (2) a Class D beer, wine, and liquor license.

(c) The license authorizes a holder to:

  (1) 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 or Class D 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 Class B restaurant or hotel (on-sale) beer, wine, and liquor license or Class D beer, wine, and liquor license.

(d) The license holder shall provide food for consumption at the catered event.

(e) The annual license fee is $500.

(f) This section does not require a holder of a Class B restaurant or hotel (on-sale) beer, wine, and liquor license or a Class D beer, wine, and liquor license to obtain a local caterer's license for catering on the premises for which the holder's Class B or Class D license is issued.

### Subtitle 13. Temporary Licenses

#### Section 33-1301

(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. 4-1206 ("License to dispose of stock");

  (4) Sec. 4-1207 ("Temporary move of licensed premises"); and

  (5) Sec. 4-1209 ("Wine permit for fund-raising event").

(b) Section 4-1204 ("Class C per diem beer, wine, and liquor license") of Division I of this article does not apply in the county.

(c) Sections 4-1205 ("License fees") and 4-1208 ("Hours and days of sale") of Division I of this article apply in the county, subject to Sec. 33-1307 of this subtitle.

#### Section 33-1302

#### Section 33-1303

#### Section 33-1304

(a) In this section, "Festival" means:

  (1) the Worcester County Beer and Wine Festival; or

  (2) a similar festival featuring beer and wine that the Board approves.

(b)

  (1) There is a beer and wine festival license.

  (2) The Board may issue not more than three festival licenses each year.

(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:

  (1) wine that is:

    (i) manufactured and processed in any state; and

    (ii) distributed in the State when the license application is filed; and

  (2) beer that is brewed by a brewer:

    (i) that brews less than 60,000 barrels of beer annually; and

    (ii) whose product is distributed in the State when the license application is filed.

(e) A license holder shall display and sell beer and wine:

  (1) at retail for on- and off-premises consumption; and

  (2) during the hours and days designated for the festival.

(f) The Board:

  (1) each year may choose one weekend, Friday through Sunday inclusive, for each Festival;

  (2) may not choose a weekend for each Festival that is the same weekend as the Maryland Wine Festival in Carroll County;

  (3) shall choose a location that is not already licensed; and

  (4) shall ensure that the primary focus of the Festival is the promotion of Maryland beer and wine.

(g) The license holder may hold another license of a different class or nature.

(h) Beer and wine displayed and sold shall be:

  (1) invoiced to the license holder by a licensed wholesaler, Class 3 winery, or Class 4 limited winery; and

  (2) delivered to each 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 license holder to:

  (1) deliver beer and 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 Board may set the license fee.

(k) The Board shall adopt regulations to carry out this section.

#### Section 33-1305

(a) There is a 1-day beer and wine tasting license.

(b) The Board may issue not more than two licenses per year.

(c) The Board may issue a license to an organization representing local governments in the State for the primary purpose of promoting products and businesses from across the State.

(d) An organization may apply for not more than one license per year.

(e) The license authorizes the holder to allow the on-premises consumption, for tasting, of beer or wine on the premises of the Ocean City Convention Center, with the approval of the management of the Ocean City Convention Center.

(f) A license holder may serve:

  (1) wine in a quantity of not more than 2 ounces from each offering; or

  (2) beer in a quantity of not more than 3 ounces from each offering.

(g) An individual who serves beer or wine shall have a certificate of completion of an alcohol awareness program, as defined in Sec. 4-505 of this article.

(h) An organization shall apply for the license at least 15 days before the license is issued.

(i) The license fee is $100.

#### Section 33-1307

(a) The Board may issue a Sunday license to a holder of a 6-day Class B or a 6-day Class C beer, wine, and liquor license.

(b) The license entitles the holder to sell alcoholic beverages to a convention or other special group that is approved by:

  (1) the Board; and

  (2) the mayor and city council of a municipality if:

    (i) the premises is in the municipality; and

    (ii) the mayor and city council require that the group obtain their approval.

(c) The license allows on-premises consumption from 12:30 p.m. on Sunday to 1 a.m. the following day.

(d) An applicant shall file an application for a license at least 10 days before the day the license is to be used.

(e) The fee shall be paid to the Board before the license is issued.

(f) The fee for a Sunday license is $10 per day of use.

#### Section 33-1308

(a) There is a Sunday club license.

(b) The Board may issue a Sunday club license to a club that already holds a Class C beer, wine, and liquor license.

(c) The Board may issue to a club not more than 20 Sunday club licenses during a calendar year.

(d) An applicant shall file an application for a license with the Board at least 14 days before the license is to be used.

(e) A license issued by the Board is subject to all conditions and regulations established by the Board for the on-premises consumption of alcoholic beverages authorized under the license.

(f) The fee for the license is $10 per day of use.

#### Section 33-1309

(a) There is a Class C per diem (nonprofit charitable organization) beer, wine, and liquor license.

(b) The Board may issue a Class C per diem (nonprofit charitable organization) beer, wine, and liquor license to a nonprofit organization.

(c)

  (1) The license is a multiple 1-day alcoholic beverages license.

  (2) On application, the applicant:

    (i) shall specify the dates of the events for which the license will be used; but

    (ii) may not specify more than 12 dates.

#### Section 33-1310

(a) There is an Ocean City promoter's license.

(b) The Board may issue the license to a for-profit organization to sell and serve beer, wine, and liquor at an entertainment event that is held on a premises that is:

  (1) located within the corporate limits of the Town of Ocean City;

  (2) owned by the Town of Ocean City; and

  (3) approved in writing by the Ocean City Police Department.

(c) The Board may adopt regulations that:

  (1) restrict the number of licenses issued under this section each year; and

  (2) establish the requirements for conducting the sale and service of beer, wine, and liquor at the event described in subsection (b) of this section, including health and safety standards to be met by a license holder.

(d) An applicant for the license shall submit an application under oath on the form that the Board provides.

(e) The license fee is $5,000 per entertainment event.

#### Section 33-1311

(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. 33-1105 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:

  (1) the Town of Berlin;

  (2) Pocomoke City; or

  (3) the Town of Snow Hill.

(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 33-1401

(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. 4-103 ("Application on behalf of partnership");

  (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. 4-113 ("Refund of license fees"); and

  (7) 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. 4-104 ("Application on behalf of corporation or club"), subject to Sec. 33-1402 of this subtitle;

  (2) Sec. 4-105 ("Application on behalf of limited liability company"), subject to Sec. 33-1402 of this subtitle;

  (3) Sec. 4-107 ("Criminal history records check"), subject to Sec.Sec. 33-1404 through 33-1406 of this subtitle;

  (4) Sec. 4-109 ("Required information on application -- In general"), subject to Sec. 33-1403 of this subtitle;

  (5) Sec. 4-111 ("Payment of license fees"), subject to Sec. 33-1407 of this subtitle; and

  (6) Sec. 4-112 ("Disposition of license fees"), subject to Sec. 33-1408 of this subtitle.

#### Section 33-1402

(a) This section does not apply to:

  (1) a license holder of a license issued before May 1, 1977; and

  (2) an applicant for a Class B beer, wine, and liquor license.

(b)

  (1) Except as provided in subsection (a) of this section, a license on behalf of a corporation or limited liability company may be issued only if the following requirements are met.

  (2) At least one applicant shall:

    (i) be a registered voter, taxpayer, and resident of the county; and

    (ii) own at least 10% of the total issued capital stock of the corporation or 10% interest in the limited liability company.

  (3) Each applicant shall submit to the Board a sworn statement that includes:

    (i)

      (1) the name and address of each stockholder of the corporation; and

      (2) the number of voting shares owned by each stockholder; or

    (ii)

      (1) the name and address of each member of the limited liability company; and

      (2) the percentage share of voting interest owned by each member.

#### Section 33-1403

An applicant for a license shall include a signed statement that:

(1) the applicant has never offered a plea of nolo contendere to a felony indictment which was accepted by a court; and

(2)

  (i) the applicant has not been convicted of a felony; or

  (ii) if the application is made on behalf of a corporation, neither the applicant nor the stockholders of the corporation have been convicted of a felony.

#### Section 33-1404

The Board may obtain criminal records on license applicants and their agents from the county police, Sheriff's Department, and all municipal police departments, as well as from the Central Repository.

#### Section 33-1405

The Board also may obtain criminal records under Sec. 33-1404 of this subtitle on the stockholders holding at least a 10% interest in the corporation.

#### Section 33-1406

The Board shall destroy the criminal history record information obtained under Sec. 4-107 of this article on completion of its necessary use.

#### Section 33-1407

(a) The County Commissioners shall regulate the license fees.

(b) Unless otherwise provided by the County Commissioners, the license fees established in this title prevail.

#### Section 33-1408

(a) Except as provided in subsection (b) of this section, the license fees shall be paid into the general fund of the county.

(b) If a licensed premises is in a municipality, 75% of the license fees shall be remitted to the municipality.

### Subtitle 15. Issuance or Denial of Licenses

#### Section 33-1501

(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.?4-205?("Chain store, supermarket, or discount house");

  (3) Sec.?4-206?("Limitations on retail sales floor space");

  (4) Sec.?4-207?("Licenses issued to minors");

  (5) Sec.?4-209?("Hearing");

  (6) Sec.?4-210?("Approval or denial of license application");

  (7) Sec.?4-211?("License forms; effective date; expiration");

  (8) Sec.?4-213?("Replacement licenses"); and

  (9) 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 Subtitle 13, Part III and Subtitle 16, Part II of this title;

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

  (3) Sec.?4-208?("Notice of license application required"), subject to Sec. 33-1502 of this subtitle; and

  (4) Sec.?4-212?("License not property"), subject to Sec. 33-1503 of this subtitle.

#### Section 33-1502

Notice of a license application shall be published once a week for 2 consecutive weeks in at least one newspaper published in the municipality in which or nearest to which the location described in the application is situated.

#### Section 33-1503

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.

#### Section 33-1504

(a) If an applicant applies for a license to sell alcoholic beverages in a building that is incomplete, or in a building or portion of a building that is to be remodeled or renovated, the Board may give tentative approval of the application on the basis of the building plans and specifications that accompany the application.

(b) The Board may give final approval of the license application for which it had given tentative approval on completion of the construction or the remodeling or renovation of the building in accordance with the building plans submitted by the applicant.

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

#### Section 33-1601

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

(1) sold at retail; and

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

#### Section 33-1604

The Board may issue not more than nine licenses to a person under Sec.Sec. 33-1605 and 33-1606 of this subtitle, including not more than three licenses for a restaurant under Sec. 33-1605 of this subtitle.

#### Section 33-1605

(a)

  (1) Subject to subsection (b) of this section, the Board may issue not more than two additional licenses of the same type to a holder of:

    (i) a Class B (on-sale) hotel and restaurant beer, wine, and liquor license; or

    (ii) a Class B (on-sale) hotel and restaurant beer and  wine license.

  (2) A license issued under this subsection shall be issued for premises used as a restaurant.

(b)

  (1) The restaurant shall have:

    (i) a minimum capital investment of $150,000 for restaurant facilities, not including the cost of land or buildings; and

    (ii) a minimum seating capacity of 125 individuals.

  (2) The Board may define "restaurant" by regulation.

  (3) Except as provided in Sec. 33-1606 of this subtitle, the Board may not issue more than three licenses of all classes under this section to or for the use of the same person.

#### Section 33-1606

(a)

  (1) Subject to paragraph (2) of this subsection and Sec. 33-1604 of this subtitle, the Board may not issue additional licenses of the same class and type to a holder of:

    (i) a Class B (on-sale) beer, wine, and liquor license; or

    (ii) a Class B (on-sale) beer and wine license.

  (2) A license under this subsection shall be issued for premises used and operated as a hotel-restaurant or motel-restaurant complex.

(b) The premises of a license holder under this section shall have:

  (1) 50 or more sleeping rooms for rent;

  (2) a minimum capital investment of $150,000 for restaurant facilities, not including the cost of land or building; and

  (3) a minimum restaurant seating capacity of 75 individuals.

(c)

  (1) The Board may only issue an additional license under this section if the restaurant operation is part of the hotel or motel operation.

  (2) A person may not have a pecuniary interest in the license other than the person's entity that owns the hotel or motel.

(d)

  (1) Except as provided in paragraph (2) of this subsection, the Board may not allow the transfer of a license granted under this section.

  (2) A license may only be transferred subject to the filing of a new application.

(e) The Board shall limit additional licenses to providing alcoholic beverages for on-premises consumption.

#### Section 33-1607

(a) Subject to subsection (b) of this section, the Board may allow a homeowners association that owns more than one facility, as defined by the Board, to hold multiple Class B licenses, multiple Class C licenses, or a combination of Class B and Class C licenses.

(b) Admission to a facility licensed with a Class C license shall be limited to:

  (1) the owners of the real property as governed by recorded covenants of the homeowners association;

  (2) the owners' tenants; and

  (3) guests in the company of the owners.

### Subtitle 17. Transfer of Licenses; Substitution of Names on License

#### Section 33-1701

(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. 33-1706 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. 33-1702 of this subtitle; and

  (2) Sec.?4-305 ("Filing fee and endorsement"), subject to Sec. 33-1705 of this subtitle.

#### Section 33-1702

The Board may not transfer an off-sale license for use in a business that is intended to be operated as a drive-through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off-premises consumption.

#### Section 33-1703

Before a license holder transfers a pecuniary interest in the licensed establishment, the license holder shall obtain the approval of the Board.

#### Section 33-1704

The Board may not transfer the license of a retail dealer that has been extended credit under Sec. 33-504 of this title and that owes a balance on the debt.

#### Section 33-1705

In addition to the costs of publication, notice, and any hearing fees required, the fee for a transfer of a license is the greater of:

(1) $50; or

(2) 25% of the annual fee for the license.

#### Section 33-1706

(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 and application with the Board that contains:

  (1) the substitution of the officer; and

  (2) an explanation for the substitution.

(c) On receipt of the affidavit and application and after a finding by the Board that the individual is fit and would meet the same requirements applicable to the original officer, the Board shall:

  (1) amend its record; and

  (2) issue a corrected license.

(d) On receipt of the affidavit and application and payment of a $5 fee, the Board shall:

  (1) amend its records; and

  (2) issue a corrected license.

(e) The license holder shall pay a fee of $100 to the Board for the service.

### Subtitle 18. Renewal of Licenses

#### Section 33-1801

(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. 4-403 ("Renewal application");

  (3) Sec. 4-405 ("Contents of renewal application");

  (4) Sec. 4-406 ("Protests");

  (5) Sec. 4-407 ("Denial of renewal application");

  (6) Sec. 4-408 ("Issuance of renewed licenses");

  (7) Sec. 4-409 ("Multiple licenses"); and

  (8) Sec. 4-410 ("Chain store, supermarket, or discount house").

(b) Section 4-404 ("Filing period for renewal application") of Division I of this article applies in the county, subject to Sec. 33-1802 of this subtitle.

#### Section 33-1802

The Board may accept late applications during April and fine the license holder an amount not exceeding $50 for each day the application is late.

#### Section 33-1803

The Board may renew a Class A beer license, beer and wine license, or wine license issued before January 1, 2002.

### Subtitle 19. Conduct of License Holders

#### Section 33-1901

(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"); and

  (4) 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. 33-1902 of this subtitle;

  (2) Sec. 4-505 ("Alcohol awareness program"), subject to Sec. 33-1903 of this subtitle; and

  (3) Sec. 4-507 ("Retail delivery of alcoholic beverages"), subject to Sec. 33-1904 of this subtitle.

#### Section 33-1902

(a) A license holder may not employ an individual under the age of 18 years in the sale of alcoholic beverages, unless a permit is obtained from the Sheriff and State's Attorney of the county.

(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.

#### Section 33-1903

(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.

#### Section 33-1904

(a) Except for events catered by a holder of a caterer's license, a holder of a retail license issued by the Board may not deliver alcoholic beverages outside of the licensed premises.

(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.

#### Section 33-1905

(a) Except as provided in subsection (b) of this section, to qualify for an "on-sale" Class B license, Class C license, or Class D license, the licensed premises shall be equipped with public restrooms with:

  (1) a minimum of one restroom for each sex; and

  (2) a connection to a public or private water and waste system that is approved by the health department.

(b) If the Board finds that the requirements of this section will impose an undue hardship on the applicant, the Board may waive the requirements.

### Subtitle 20. Hours and Days for Consumption and Sale

#### Section 33-2001

(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 33-2002

(a) A holder of a retail alcoholic beverages license may sell or provide alcoholic beverages or allow alcoholic beverages to be consumed on the licensed premises only in accordance with this subtitle.

(b) Except as otherwise provided in this subtitle, alcoholic beverages may not be sold on Monday through Sunday, from 2 a.m. to 9 a.m.

#### Section 33-2003

(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 2 a.m. the following day; or

  (2) a 7-day license, on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b)

  (1) A holder of a 6-day Class B beer license may sell beer on Monday through Saturday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

  (2) Except as provided in paragraph (3) of this subsection, a holder of a 7-day Class B beer license may sell beer:

    (i) for off-premises consumption, on Monday through Sunday, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption:

      (1) on Monday through Saturday, from 9 a.m. to 2 a.m. the following day; and

      (2) on Sunday, from 12:30 p.m. to 2 a.m. the following day.

  (3) A holder of a 7-day Class B beer license in the tenth election district in the county may sell beer on Monday through Sunday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer license may sell beer on Monday through Saturday, from 9 a.m. to 2 a.m. the following day.

(d)

  (1) A holder of a 6-day Class D beer license may sell beer on Monday through Saturday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

  (2) Except as provided in paragraph (3) of this subsection, a holder of a 7-day Class D beer license may sell beer:

    (i) for off-premises consumption, on Monday through Sunday, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption:

      (1) on Monday through Saturday, from 9 a.m. to 2 a.m. the following day; and

      (2) on Sunday, from 12:30 p.m. to 2 a.m. the following day.

  (3) A holder of a 7-day Class D beer license in the tenth election district in the county may sell beer on Monday through Sunday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

#### Section 33-2004

(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 2 a.m. the following day; or

  (2) a 7-day license, on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b)

  (1) A holder of a 6-day Class B beer and wine license may sell beer and wine on Monday through Saturday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

  (2) A holder of a 7-day Class B beer and wine license may sell beer and wine on Monday through Sunday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer and wine license may sell beer and wine on Monday through Saturday, from 9 a.m. to 2 a.m. the following day.

(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 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 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 on Monday through Sunday:

    (i) for off-premises consumption, from 6 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, from 9 a.m. to 2 a.m. the following day.

#### Section 33-2005

(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 2 a.m. the following day.

(b)

  (1) Except as provided in paragraph (3) of this subsection, a holder of a 6-day Class B beer, wine, and liquor license may sell:

    (i) for off-premises consumption on Monday through Saturday:

      (1) beer and wine, from 6 a.m. to 2 a.m. the following day; and

      (2) liquor, from 9 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption on Monday through Saturday, beer, wine, and liquor, from 9 a.m. to 2 a.m. the following day.

  (2) Except as provided in paragraph (3) of this subsection, a holder of a 7-day Class B beer, wine, and liquor license may sell:

    (i) for off-premises consumption on Monday through Sunday:

      (1) beer and wine, from 6 a.m. to 2 a.m. the following day; and

      (2) liquor, from 9 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption on Monday through Sunday, beer, wine, and liquor, from 9 a.m. to 2 a.m. the following day.

  (3) A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor during the hours that are set out under paragraphs (1) or (2) of this subsection, unless the Ocean City Convention Hall Commission specifies a shorter time.

(c) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor under:

  (1) a 6-day license, on Monday through Saturday, from 9 a.m. to 2 a.m. the following day; or

  (2) a 7-day license, on Monday through Sunday, from 9 a.m. to 2 a.m. the following day.

(d)

  (1) A holder of a 6-day Class D beer, wine, and liquor license may sell:

    (i) for off-premises consumption:

      (1) beer and wine, on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

      (2) liquor, on Monday through Saturday, from 9 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, beer, wine, and liquor, on Monday through Saturday, from 9 a.m. to 2 a.m. the following day.

  (2) A holder of a 7-day Class D beer, wine, and liquor license may sell:

    (i) for off-premises consumption:

      (1) beer and wine, from 6 a.m. to 2 a.m. the following day; and

      (2) liquor, from 9 a.m. to 2 a.m. the following day; and

    (ii) for on-premises consumption, beer, wine, and liquor from 9 a.m. to 2 a.m. the following day.

(e) A holder of a Class I beer, wine, and liquor license may sell beer, wine, and liquor, for on-premises consumption, under:

  (1) a 6-day license, on Monday through Saturday, from 9 a.m. to 2 a.m. the following day; or

  (2) a 7-day license, on Monday through Sunday, from 9 a.m. to 2 a.m. the following day.

#### Section 33-2006

The Board shall determine the hour when a license holder shall stop selling alcoholic beverages on January 1, regardless of the day of the week on which January 1 falls.

#### Section 33-2007

(a)

  (1) Except as provided in paragraph (2) or (3) of this subsection, an individual may not consume alcoholic beverages in an unlicensed club, dance studio, disco, hotel, restaurant, tavern, or any other place of public entertainment.

  (2) An individual may consume alcoholic beverages:

    (i) in the room of a registered guest in a hotel, motel, or hospice; or

    (ii) on the property of a volunteer fire company.

  (3) An individual may consume alcoholic beverages on the premises of:

    (i) a fishing club that was established before January 1, 1970; or

    (ii) any of the following establishments if it has been in existence for at least 3 years:

      (1) a catering establishment;

      (2) a community or civic association;

      (3) a swim club;

      (4) a social, civic, nonprofit, charitable, fraternal, patriotic, educational, or public service organization; or

      (5) a religious institution.

(b) The prohibition under subsection (a) of this section applies at all times, unless consumption is authorized by this subtitle.

(c) The Board shall adopt regulations to carry out this section.

(d) A person subject to this section who knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.

#### Section 33-2008

If sales of alcoholic beverages in a licensed premises may continue until 2 a.m., alcoholic beverages may not be consumed later than 2:30 a.m., when the licensed premises shall be vacated by all customers.

### Subtitle 21. Revocation and Suspension of Licenses

#### Section 33-2101

(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. 4-605 ("Nudity and sexual displays"); and

  (3) Sec. 4-606 ("Effects of revocation").

(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. 4-603 ("Revocation and suspension procedures"), subject to Sec. 33-2102 of this subtitle; and

  (2) Sec. 4-604 ("Grounds for revocation or suspension"), subject to Sec. 33-2103 of this subtitle.

#### Section 33-2102

(a) In addition to the procedures under Sec. 4-603 of this article, the Board shall notify the license holder of the complaint by:

  (1) personal service on the license holder or any adult employee of the license holder; or

  (2) any other method of service of notice that conforms with Maryland Rules 2-121 and 2-122.

(b) If notice is given to an adult employee of the license holder under subsection (a) of this section, the Board shall mail a copy of the notice or a letter describing the contents of the notice to the home or business address of the license holder within 72 hours after the notice is given to the adult employee.

#### Section 33-2103

In addition to the grounds for revocation or suspension in Sec. 4-604 of this article, the Board may revoke or suspend a license if the license has not been placed in operation after 6 months following its issuance or transfer.

### Subtitle 22. Expiration of Licenses

#### Section 33-2201

Title 4, Subtitle 7 ("Expiration of Local Licenses") of Division I of this article applies in the county without exception or variation.

### Subtitle 23. Death of License Holder

#### Section 33-2301

Title 4, Subtitle 8 ("Death of License Holder") of Division I of this article applies in the county without exception or variation.

### Subtitle 24. Judicial Review

#### Section 33-2401

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 33-2501

(a) A person may not serve setups, including drinking containers and ice, or serve, keep, or allow to be consumed 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 sexual display or attire 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 33-2502

(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 $4,000.

#### Section 33-2503

(a) Except as otherwise provided in subsection (b) of this section and elsewhere in this article, a person may not consume alcoholic beverages at any time on any day of the week in a restaurant, tavern, hotel, club, dance studio, disco, and any other place of public entertainment.

(b) Exempt from subsection (a) of this section are:

  (1) the room of a registered guest in a hotel, motel, or hospice;

  (2) the property of a volunteer fire company;

  (3) a fishing club established before January 1, 1970; and

  (4) if it has been in existence for at least 3 years:

    (i) a catering establishment;

    (ii) a community or civic association;

    (iii) a swim club;

    (iv) a social, civic, nonprofit, charitable, fraternal, patriotic, educational, or public service organization; and

    (v) a religious institution.

(c) The Board shall adopt regulations to carry out this section.

(d) An owner, a manager, or an employee of an establishment or a place subject to the prohibitions of this section who knowingly allows consumption in violation of this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000.

### Subtitle 26. Enforcement

#### Section 33-2601

(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. 33-2603 of this subtitle.

#### Section 33-2602

(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 33-2603

One-half of each fine imposed in the county shall be distributed as provided under Sec. 7-507 of the Courts Article.

### Subtitle 27. Prohibited Acts

#### Section 33-2701

(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. 6-307 ("Selling or providing alcoholic beverages to intoxicated individual");

  (4) Sec. 6-308 ("Allowing on-premises consumption of alcoholic beverages not purchased from license holder");

  (5) Sec. 6-309 ("Allowing on-premises consumption or possession of alcoholic beverages by individual under the age of 21 years");

  (6) Sec. 6-310 ("Providing free food");

  (7) Sec. 6-311 ("Restrictions on purchases and sales by retail dealer");

  (8) Sec. 6-312 ("Beverage misrepresentation");

  (9) Sec. 6-313 ("Tampering with alcoholic beverage container");

  (10) Sec. 6-314 ("Sale of alcoholic beverage container with detachable metal tab");

  (11) Sec. 6-315 ("Alcoholic beverage in container without regular label presumed illicit");

  (12) Sec. 6-316 ("Maximum alcohol content");

  (13) Sec. 6-317 ("Multiple serving purchase required");

  (14) Sec. 6-319 ("On-premises consumption of alcoholic beverages not purchased from license holder");

  (15) Sec. 6-320 ("Disorderly intoxication");

  (16) Sec. 6-321 ("Consumption of alcoholic beverages in public");

  (17) Sec. 6-323 ("Possession or use of Alcohol Without Liquid machine");

  (18) Sec. 6-326 ("Sale of alcoholic beverages in powder or crystalline form prohibited");

  (19) Sec. 6-327 ("Unlicensed out-of-state sale of alcoholic beverages");

  (20) Sec. 6-328 ("Tax evasion");

  (21) Sec. 6-329 ("Destruction of evidence"); and

  (22) Sec. 6-330 ("Perjury").

(b) Section 6-322 ("Possession of open container") of Division I of this article does not apply in the county.

(c) Section 6-304 ("Selling or providing alcoholic beverages to individual under the age of 21 years") of Division I of this article applies in the county, subject to Sec. 33-2702 of this subtitle.

#### Section 33-2702

(a) A license holder or an employee of a license holder who is charged with a violation of Sec. 6-304 of this article may be proceeded against on a charging document issued by the District Court for the county or by an indictment returned by the grand jury of the county.

(b) A license holder or an employee of a license holder may not be found guilty of a violation of Sec. 6-304 of this article if the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years.

#### Section 33-2703

(a) Except as provided in subsection (b) of this section, a license holder may not allow an individual who is not a consumer to loiter on the premises for which the license is issued.

(b) A restaurant may serve a meal without an alcoholic beverage to an individual.

### Subtitle 28. Penalties

#### Section 33-2801

Section 6-402 ("General penalty") of Division I of this article applies in the county.

#### Section 33-2802

(a) The Board may suspend a license or impose a fine not exceeding $4,000 or both for a violation of the alcoholic beverage laws affecting the county.

(b) Fines collected under this section shall be paid into the general fund of the county.

---

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