Subject to Division II of this article, this subtitle applies statewide.

Except as provided in subsection (b) of this section, an application for a license shall be filed with the local licensing board. If an application for a license is for a business that is located in more than one jurisdiction: the business shall be considered to be entirely in the jurisdiction where the major portion of the business is located; and the alcoholic beverage laws of the jurisdiction where the major portion of the business is located govern the licensing, regulation, and operation of the entire business. If an application for a license is for a business that is located equally in more than one jurisdiction: the business shall be considered to be entirely in the jurisdiction in which the license fee is highest; and the alcoholic beverage laws of the jurisdiction where the license fee is highest govern the licensing, regulation, and operation of the entire business. The local collecting agent that collects the license fee shall remit an equal portion of the fee to the local collecting agent in each jurisdiction where the business is located.

An application for a license for the use of a partnership shall be made by and the license issued to all of the partners as individuals. Each of the partners shall: reside in the county or city where the business is located at the time the application is filed; and remain a resident of the county or city where the business is located for the duration of time the license is in effect. The application for a license shall state the name and address of the partnership and the name and address of each applicant.

This section applies to: a corporation; and a club, whether incorporated or unincorporated. Except as provided in subsections (c) and (d) of this section, a license on behalf of a corporation or club shall be applied for and issued to three officers of the corporation or club as individuals. At least one of the three officers shall: be a resident of the jurisdiction or municipality at the time the application is filed; and remain a resident of the jurisdiction or municipality for the duration of time the license is in effect. If a corporation has fewer than three officers or directors, all officers or directors shall apply for a license. In a close corporation, at least one individual stockholder may apply for a license if: the close corporation does not have officers or directors; and there is an affirmative vote of a majority of the stockholders. An application for a corporation or a club license shall include: the name and address of each officer; the name and address of the corporation or club; and the signatures of the president or vice president of the corporation or club and of the three officers to whom the license shall be issued.

A license for the use of a limited liability company shall be applied for and issued to authorized persons of the limited liability company, as individuals. All of the authorized individuals shall apply for the license, if the limited liability company has fewer than three authorized individuals. Three authorized individuals shall apply for the license, if the limited liability company has three or more authorized individuals. At least one of the authorized individuals shall: be a resident of the jurisdiction or municipality at the time the application is filed; and remain a resident of the jurisdiction or municipality for the duration of time the license is in effect. An application for a limited liability company license shall include: the name, address, and signature of each authorized individual to whom the license shall be issued; and the name and address of the limited liability company.

An applicant for a license shall pay the expenses to provide: publication of the notice of application; and notice to the applicant and to persons that oppose the application. The applicant shall deposit money in advance with the local collecting agent to cover the expenses.

A local licensing board may apply to the Central Repository for a State and national criminal history records check for each applicant for a license. As part of the application for a criminal history records check, a local licensing board shall submit to the Central Repository: two complete sets of the applicant’s legible fingerprints taken on forms approved by the director of the Central Repository and the director of the Federal Bureau of Investigation; the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant for a license and the local licensing board the applicant’s criminal history record information. Information obtained by the local licensing board from the Central Repository under this section shall be: confidential and may not be redisseminated; and used only for the licensing purpose authorized by this section. The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. When criminal history record information of an applicant or license holder is reported to the Central Repository after the initial criminal history records check is completed, the Central Repository shall provide the local licensing board with a revised printed statement of the criminal record of the applicant or license holder. If the local licensing board informs the Central Repository that an individual is no longer an applicant or a license holder, the Central Repository shall stop providing the local licensing board with revised printed statements of the criminal record of the individual.

An applicant shall file a sworn application for a license with the applicable local licensing board on the form that the Executive Director requires.

A license application shall state: the class of license for which the applicant is applying; the name and address of the applicant and how long the applicant has resided at that address; that at least one applicant is a citizen of the United States; that the applicant is a resident of the jurisdiction in which the applicant proposes to operate under the license for which the applicant is applying; the age and sex of the applicant; the birth place of the applicant, and if the applicant is a naturalized citizen, the date and place the applicant was naturalized; a description of the place for which the license is sought, including: the street and number, if practicable, or other description that definitively locates the place; and a description of the portion of the building in which the business will be conducted; the name of the owner of the location where the business to be licensed is to be conducted; that the applicant has never been convicted of a felony; whether the applicant has ever been found guilty of violating a law in the State governing the sale of alcoholic beverages or the prevention of gambling; that the applicant has a financial interest in the business to be conducted under the license; that the applicant has not had a license for the sale of alcoholic beverages revoked; that the applicant or a person on behalf of whom the application is filed does not have a financial interest in any other place of business in the jurisdiction for which an alcoholic beverages license has been applied for or issued; whether the applicant has been found guilty of violating a State or federal law; whether the applicant has held a license for the sale of alcoholic beverages and, if so, the name of the state and the location where the license was held; that during the term of the license, a person other than the applicant will not have a financial interest in the license or in the business to be conducted under the license; that a manufacturer, brewer, distiller, or wholesaler, directly or indirectly, does not have a financial interest in the premises or business of the applicant; that after receipt of a license, the applicant will not convey or grant an interest in the location or business to a manufacturer, brewer, distiller, or wholesaler, except as authorized under this article; that, except for the purchase of alcoholic beverages, when applying for the license, the applicant does not have indebtedness or other financial obligation to a manufacturer, brewer, distiller, or wholesaler; that after the license is issued, the applicant will not incur, directly or indirectly, indebtedness or other financial obligation other than for the purchase of alcoholic beverages to a manufacturer, brewer, distiller, or wholesaler; and that, if issued a license, the applicant will conform to all laws and regulations relating to the business in which the applicant proposes to engage. The application shall also include a statement executed and acknowledged by the owner of the location where the business is to be conducted that: agrees to the issuance of the license; and authorizes a warrantless inspection and search of the premises at any time in any part of the building in which the business is to be conducted by: the Comptroller; the Executive Director; the local licensing board and its authorized agents and employees; or a peace officer of the county or municipality where the business is to be located.

The application shall also include a petition of support signed by at least 10 residents who are owners of real estate and registered voters of the precinct in which the business is to be conducted stating: the length of time each of the residents has been acquainted with the applicant or, if the applicant is a corporation, acquainted with the individuals making the application; that they have examined the application, have good reason to believe that the statements contained in the application are true, and in their judgment the applicant is a suitable person to obtain the license; and that they are familiar with the premises on which the proposed business is to be conducted and that they believe the premises are suitable for the conduct of business as a retail dealer.

The annual fee for all licenses shall be paid to the local collecting agent before the license is issued.

The local collecting agent shall remit all license fees collected under this article to: the board of county commissioners or the fiscal officer for the county; or the Annapolis City Council.

Except as provided in subsection (b) of this section, a license holder is not entitled to a refund of the unearned portion of the license fee. A refund shall be issued to a license holder on surrender of the license if: receivership or bankruptcy of the business entity on whose behalf the license was issued occurs and a license transfer is not requested, with the refund issued for the benefit of the creditors of the license holder; the license holder dies, with the refund issued for the benefit of the estate of the deceased license holder; the license holder volunteers for or has been called into the uniformed services or the organized State militia; the license holder surrenders a license and obtains a new license of another class carrying a higher fee, with the refund deducted from the higher fee; a license holder, against whom charges are pending when the license is renewed, is found guilty and the license is revoked, with the refund issued to the license holder in an amount based on the date that the revocation becomes final; the issuance of a license by a local licensing board is reversed on judicial review and the operation of the establishment is prohibited, with the refund issued to the license holder in an amount based on the date that the refusal to grant the renewal becomes final; or the licensed premises are taken by the federal government, the State, or a municipality for public use.

This section does not apply to temporary licenses. The fee for a license issued for less than 1 year is: the full annual license fee, if the license is issued during the first quarter of the license year; three–fourths of the annual license fee, if the license is issued during the second quarter of the license year; one–half of the annual license fee, if the license is issued during the third quarter of the license year; and one–fourth of the annual license fee, if the license is issued during the fourth quarter of the license year.