# Alcoholic Beverages and Cannabis (GAB)

## Title 4. Local Licensing

### Subtitle 11. Additional License Privileges

#### Section 4-1101

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

#### Section 4-1102

(a)

  (1) An individual in a restaurant, club, or hotel for which a Class B or Class C license allowing the sale of wine is issued may consume wine not purchased from or provided by the license holder only if:

    (i) the wine is consumed with a meal during the hours of sale specified by the license;

    (ii) the individual obtains the approval of the license holder;

    (iii) the wine is not available for sale on the license holder's wine list; and

    (iv) the license holder obtains a permit from the local licensing board before allowing an individual the privilege of consuming wine not purchased from or provided by the license holder.

  (2) A license holder may not allow an individual who is under the age of 21 years or who is visibly under the influence of an alcoholic beverage the privilege of consuming the wine.

(b)

  (1) A local licensing board shall issue a permit at no charge to each license holder who seeks to allow an individual to consume wine under the conditions set out in subsection (a)(1) of this section.

  (2) A license holder that obtains the permit may determine and charge the individual a fee for the privilege, on which a sales tax applicable to alcoholic beverages shall be imposed.

(c)

  (1) Except as provided in paragraph (2) of this subsection, the license holder shall dispose of the wine that remains after the meal is finished.

  (2) An individual may remove from the licensed premises a bottle of wine, the contents of which are partially consumed with the meal, if the license holder or an employee of the license holder inserts a cork in or places a cap on the bottle.

  (3) A bottle of wine that is removed from the licensed premises under paragraph (2) of this subsection is an "open container" for purposes of Sec. 10-125 of the Criminal Law Article.

#### Section 4-1103

(a) An individual who, at a licensed premises, purchases a meal and a bottle of wine, the contents of which are partially consumed with the meal, may remove the bottle and its contents from the licensed premises if the license holder or an employee of the license holder inserts a cork in or places a cap on the bottle.

(b) A bottle of wine that is removed from the licensed premises under subsection (a) of this section is an "open container" for purposes of Sec. 10-125 of the Criminal Law Article.

#### Section 4-1104

(a) There is a refillable container permit.

(b) A refillable container permit authorizes the permit holder to:

  (1) sell draft beer for off-premises consumption in a refillable container that meets the standards set out in subsection (d) of this section; and

  (2) sell and refill a refillable container that meets the standards set out in subsection (d) of this section.

(c)

  (1) The term of a refillable container permit is the same as that of the underlying license.

  (2) The hours of sale for a refillable container permit are the same as those for the underlying license.

  (3) An applicant who holds an underlying license without an off-sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.

(d)

  (1) To be used as a refillable container for beer under the authority of a refillable container permit, a container shall:

    (i) have a capacity of not less than 32 ounces and not more than 128 ounces;

    (ii) be sealable;

    (iii) be branded with an identifying mark of the seller of the container;

    (iv) bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;

    (v) display instructions for cleaning the container; and

    (vi) bear a label stating that:

      (1) cleaning the container is the responsibility of the consumer; and

      (2) the contents of the container are perishable and should be refrigerated immediately and consumed within 48 hours after purchase.

  (2) The Executive Director may adopt standards regarding containers that qualify for use as refillable containers for beer, including containers originating from outside the State.

  (3) The holder of a refillable container permit may refill a refillable container originating from inside or outside the State that meets the standards adopted by the Executive Director under paragraph (2) of this subsection.

#### Section 4-1105

(a) There is a refillable container permit.

(b) A refillable container permit authorizes the permit holder to:

  (1) sell wine for off-premises consumption in a refillable container that meets the standards set out in subsection (d) of this section; and

  (2) sell and refill a refillable container that meets the standards set out in subsection (d) of this section.

(c)

  (1) The term of a refillable container permit is the same as that of the underlying license.

  (2) The hours of sale for a refillable container permit are the same as those for the underlying license.

  (3) An applicant who holds an underlying license without an off-sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.

(d)

  (1) To be used as a refillable container for wine under the authority of a refillable container permit, a container shall:

    (i) have a capacity of not less than 17 ounces and not more than 34 ounces;

    (ii) be sealable;

    (iii) be branded with an identifying mark of the seller of the container;

    (iv) bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;

    (v) display instructions for cleaning the container; and

    (vi) bear a label stating that cleaning the container is the responsibility of the consumer.

  (2) The Executive Director may adopt standards regarding containers that qualify for use as refillable containers for wine, including containers originating from outside the State.

  (3) The holder of a refillable container permit may refill a refillable container originating from inside or outside the State that meets the standards adopted by the Executive Director under paragraph (2) of this subsection.

#### Section 4-1106

(a) There is a nonrefillable container permit.

(b) A nonrefillable container permit authorizes the permit holder to sell draft beer for off-premises consumption by packaging the beer in a nonrefillable container that meets the standards set out in subsection (d) of this section.

(c)

  (1) The term of a nonrefillable container permit is the same as that of the underlying license.

  (2) The hours of sale for a nonrefillable container permit are the same as those for the underlying license.

  (3) An applicant who holds an underlying license without an off-sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.

(d) To be used as a nonrefillable container for draft beer under the authority of a nonrefillable container permit, a container shall:

  (1) be constructed out of aluminum;

  (2) be sealable;

  (3) have a capacity of 32 ounces;

  (4) be branded with the identifying marks of the seller of the container; and

  (5) bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. Sec. 16.21.

#### Section 4-1107

(a) This section applies only in a jurisdiction where the local licensing board has adopted regulations to authorize the delivery of alcoholic beverages by a third-party contractor, an independent contractor, or an agent.

(b) A local licensing board may issue a local delivery service permit.

(c) The permit authorizes the holder to deliver alcoholic beverages from a retail license holder authorized to deliver alcoholic beverages under Sec. 4-507 of this title to an individual in the jurisdiction where the retail license holder is located.

(d) A local licensing board may set by regulation:

  (1) the application requirements for the local delivery service permit; and

  (2) additional requirements for holders of the local delivery service permit who deliver alcoholic beverages on behalf of a retail license holder.

(e)

  (1) The local licensing board may charge a fee for the local delivery service permit.

  (2) The annual fee for the local delivery service permit is $1,000.

(f) A local delivery service permit holder may:

  (1) use the delivery service's employees or independent contractors who are at least 21 years old to deliver alcoholic beverages; and

  (2) facilitate orders for the sale and delivery of alcoholic beverages by telephone, Internet, or other electronic means.

(g) The purchaser or receiver of alcoholic beverages under this section shall:

  (1) be at least 21 years old; and

  (2) provide valid identification as proof of age on receipt of the alcoholic beverages.

(h) Alcoholic beverages sold for off-premises delivery under this section shall be:

  (1) provided in the manufacturer's original sealed container; and

  (2) sold only during the hours the retail license holder is open for in-store purchases.

(i) An individual delivering alcoholic beverages under a local delivery service permit shall:

  (1) be at least 21 years old; and

  (2) have successfully completed an approved alcohol awareness program under Sec. 4-505 of this title.

(j) A local delivery service permit holder may not deliver alcoholic beverages to:

  (1) an individual who does not provide valid identification proving that the individual is at least 21 years old;

  (2) another premises licensed to sell alcoholic beverages; or

  (3) an individual located outside the jurisdiction where the retail license holder is located.

(k) A local delivery service permit holder is subject to the following penalties for violating this section:

  (1) for a first violation, a fine of $1,000;

  (2) for a second violation, a fine of $3,000 and a suspension of the local delivery service permit for 30 days;

  (3) for a third violation, a fine of $6,000 and a suspension of the local delivery service permit for 60 days; and

  (4) for any subsequent violation, revocation of the local delivery service permit.

(l) The holder of a local delivery service permit may not:

  (1) sell alcoholic beverages; or

  (2) store alcoholic beverages for delivery.

(m)

  (1) A person shall apply to the local licensing board for a local delivery service permit before contracting to deliver alcoholic beverages for a retail license holder.

  (2) If a retail license holder contracts with a local delivery service permit holder to deliver alcoholic beverages, the retail license holder and the local delivery service permit holder shall establish a method to ensure that the retail license holder retains control over sales to and payments made from a purchaser for the alcoholic beverages.

(n) The Executive Director may adopt regulations to enforce this section.

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