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: sold at retail; and dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.

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

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: a Class B (on–sale) hotel and restaurant beer, wine, and liquor license; or a Class B (on–sale) hotel and restaurant beer and wine license. A license issued under this subsection shall be issued for premises used as a restaurant. The restaurant shall have: a minimum capital investment of $150,000 for restaurant facilities, not including the cost of land or buildings; and a minimum seating capacity of 125 individuals. The Board may define “restaurant” by regulation. Except as provided in § 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.

Subject to paragraph (2) of this subsection and § 33–1604 of this subtitle, the Board may not issue additional licenses of the same class and type to a holder of: a Class B (on–sale) beer, wine, and liquor license; or a Class B (on–sale) beer and wine license. A license under this subsection shall be issued for premises used and operated as a hotel–restaurant or motel–restaurant complex. The premises of a license holder under this section shall have: 50 or more sleeping rooms for rent; a minimum capital investment of $150,000 for restaurant facilities, not including the cost of land or building; and a minimum restaurant seating capacity of 75 individuals. The Board may only issue an additional license under this section if the restaurant operation is part of the hotel or motel operation. A person may not have a pecuniary interest in the license other than the person’s entity that owns the hotel or motel. Except as provided in paragraph (2) of this subsection, the Board may not allow the transfer of a license granted under this section. A license may only be transferred subject to the filing of a new application. The Board shall limit additional licenses to providing alcoholic beverages for on–premises consumption.

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. Admission to a facility licensed with a Class C license shall be limited to: the owners of the real property as governed by recorded covenants of the homeowners association; the owners’ tenants; and guests in the company of the owners.