# Alcoholic Beverages and Cannabis (GAB)

## Title 4. Local Licensing

### Subtitle 2. Issuance or Denial of Local Licenses

#### Section 4-201

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

#### Section 4-202

(a) A local licensing board is authorized to issue licenses in its jurisdiction.

(b) A license may not be issued to a partnership, corporation, or limited liability company but only to an individual authorized to act for a partnership, corporation, or limited liability company.

(c) A license holder shall assume all responsibilities as an individual and be subject to all penalties, conditions, and restrictions imposed on license holders under this article and the provisions of the Tax - General Article that relate to the alcoholic beverage tax.

(d) A local licensing board by regulation may:

  (1) restrict, in accordance with a definite standard, the number of licenses that the local licensing board considers sufficient for a neighborhood;

  (2) regulate the use of mechanical music boxes and other sound-making devices;

  (3) divide a municipality or county into districts; and

  (4) establish areas in which a license may not be issued.

(e) An applicant for a license or a license holder who is aggrieved by a regulation adopted under this section may seek judicial review as provided in Subtitle 9 of this title.

#### Section 4-203

(a) Except as otherwise provided in Division II of this article, Title 3, Title 4, or Title 5 of this division, or subsection (b) of this section, more than one license may not be issued:

  (1) to an individual; or

  (2) for the use of a partnership, a corporation, an unincorporated association, or a limited liability company.

(b)

  (1) A single individual may hold Class B beer, wine, and liquor licenses or Class BLX or equivalent licenses issued by different local licensing boards only for restaurants, hotels, or motels.

  (2) The number of licenses that a single individual may hold is limited only by the cap imposed by each local licensing board on the licenses that the local licensing board issues.

  (3) The licenses may be issued for the use of:

    (i) the license holder; or

    (ii) a partnership, a corporation, an unincorporated association, or a limited liability company.

(c) Except as otherwise provided in Division II of this article or Title 3, Title 4, or Title 5 of this division, an individual may not be issued in the State more than one Class A, Class C, or Class D license for the use of:

  (1) that individual; or

  (2) a partnership, a corporation, an unincorporated association, or a limited liability company.

#### Section 4-204

(a) Except as otherwise provided in Division II of this article and subsection (b) of this section, a local licensing board may not issue more than one license for use at the same premises.

(b) The prohibition in subsection (a) of this section does not apply to a license issued in accordance with Sec.Sec. 4-1201 through 4-1205 of this title.

#### Section 4-205

(a) This section does not apply to:

  (1) an establishment that already holds a Class A, Class B, or Class D beer license, beer and wine license, or beer, wine, and liquor license; or

  (2) a license holder that sells alcoholic beverages at discount prices.

(b) A local licensing board may not issue a Class A, Class B, or Class D beer license, beer and wine license, or beer, wine, and liquor license for use in conjunction with or on the premises of:

  (1) a chain store;

  (2) a supermarket; or

  (3) a discount house.

#### Section 4-206

(a)

  (1) In this section, "floor space" means the space devoted to the retail sale of alcoholic beverages for off-premises consumption that:

    (i) for a license without on-premises consumption privileges, is within the four walls of the building from which the licensed business operates; or

    (ii) for a license with on-premises consumption and off-premises consumption privileges, is used to sell, display, or store alcoholic beverages.

  (2) "Floor space" includes:

    (i) a basement in a licensed premises; and

    (ii) any area off the licensed premises where the alcoholic beverages are lawfully stored.

(b) Except as provided in subsection (c) of this section:

  (1) a local licensing board may not issue a license for use in an establishment in which more than 10,000 square feet of floor space is to be devoted to the sale of alcoholic beverages for off-premises consumption; and

  (2) a food store issued a license on or before October 1, 1997, may not expand the floor space of its alcoholic beverages department beyond a total of 10,000 square feet, without regard to the total area available within the four walls of the business premises.

(c)

  (1) A local licensing board may issue a license for use in premises in which more than 10,000 square feet of floor space is devoted to the sale of alcoholic beverages for off-premises consumption, if the local licensing board:

    (i) holds a public hearing;

    (ii) determines that the issuance of the license:

      (1) would serve the public need; and

      (2) would not adversely impact existing retail license holders in the immediate vicinity of the premises, including those license holders that may be in a contiguous county or city; and

    (iii) obtains from the Executive Director a written report in which the Executive Director determines that the issuance of the license:

      (1) would not adversely affect the orderly distribution of alcoholic beverages in the State; and

      (2) would comply with all applicable provisions of this article relating to the issuance of multiple licenses.

  (2) If the Executive Director determines that an application submitted under this subsection does not meet the criteria provided under paragraph (1)(iii) of this subsection, the local licensing board may not issue the license.

(d) There is no presumption in favor of or which otherwise requires a local licensing board to approve a request by a license holder to expand the amount of space devoted to the retail sale of alcoholic beverages for off-premises consumption up to 10,000 square feet, unless the local licensing board finds that:

  (1) the expansion is necessary to accommodate the public; and

  (2) the license holder otherwise continues to meet the criteria for the issuance or transfer of a license and any other condition that the local licensing board imposes.

(e) This section does not prohibit the renewal or transfer of ownership or location of a license issued for use by an establishment that on or before October 1, 1997, had more than 10,000 square feet of floor space devoted to the sale of alcoholic beverages for off-premises consumption.

#### Section 4-207

(a) A local licensing board may not issue a license to a minor without a special order granted by a judge.

(b) A judge may grant a special order for the local licensing board to issue a license to a minor only on the recommendation of at least 10 residents of the district in which the license will be operative.

(c) If a local licensing board issues a license to a minor, the minor:

  (1) is responsible for each contract made in conducting business under the license; and

  (2) may be sued under each contract in a State court.

(d) The responsibility of the minor does not affect the responsibility of the parent of the minor under State and local law.

#### Section 4-208

(a) Before a local licensing board may approve an application for a license, the local licensing board shall publish notice of the application two times in 2 successive weeks:

  (1) in two newspapers of general circulation in the jurisdiction; or

  (2) if only one newspaper of general circulation exists in the jurisdiction, in that newspaper.

(b) The notice shall state:

  (1) the name of the applicant;

  (2) the type of license for which the application is made;

  (3) the location described in the application; and

  (4) the date, time, and place set by the local licensing board for a hearing on the application.

#### Section 4-209

(a) The hearing on the application may not occur less than 7 days or more than 30 days after the date of the last publication of the notice of the license application.

(b) Any person may address any relevant issue at the hearing.

#### Section 4-210

(a) Before deciding whether to approve an application and issue a license, a local licensing board shall consider:

  (1) the public need and desire for the license;

  (2) the number and location of existing license holders;

  (3) the potential effect on existing license holders of the license for which application is made;

  (4) the potential commonality or uniqueness of the services and products to be offered by the business of the applicant;

  (5) the impact of the license for which application is made on the health, safety, and welfare of the community, including issues relating to crime, traffic, parking, or convenience; and

  (6) any other factor that the local licensing board considers necessary.

(b) The local licensing board shall deny a license application:

  (1) if the local licensing board determines that:

    (i) the granting of the license is not necessary to accommodate the public;

    (ii) the applicant is not a fit person to receive the license;

    (iii) the applicant has made a material false statement in the application;

    (iv) the applicant has acted fraudulently in connection with the application; or

    (v) if the license is issued, the operation authorized by the license would unduly disturb the peace of the residents of the neighborhood of the location described in the application; or

  (2) for other reasons that the local licensing board considers sufficient.

(c) Subject to subsection (a) of this section, if a local licensing board does not find grounds listed under subsection (b) of this section to deny a license application, the application shall be approved and the local licensing board shall issue the license for which application is made on payment of the fee required to the local collecting agent.

#### Section 4-211

(a) A license issued by a local licensing board shall be on the form that the local licensing board provides.

(b) A local licensing board shall number each license.

(c) Except as otherwise provided in this article, a license issued by a local licensing board shall be dated as of the date of issue and shall expire on the next April 30 after its issuance.

#### Section 4-212

A license issued by a local licensing board:

(1) is not property and does not confer property rights; and

(2) is subject to:

  (i) suspension, revocation, and restrictions authorized by law; and

  (ii) regulations authorized under this article.

#### Section 4-213

(a) A local licensing board may issue a replacement license to a license holder whose license is lost or destroyed on receiving:

  (1) an application under oath; and

  (2) payment of a $1 fee.

(b) On the replacement license, the word "replacement" shall appear with all of the information that appeared on the original license.

#### Section 4-214

(a) Except as provided in subsection (b) of this section:

  (1) if a license is denied, another license application may not be considered from the same applicant or for the same location for 6 months after the denial; and

  (2) if a subsequent application by the same applicant or for the same location is denied within a 2-year period immediately after the first denial, another application may not be considered from that applicant or for that location until the 2-year period expires.

(b) This section does not apply to:

  (1) an applicant, if the license was denied because it was not necessary to accommodate the public or the location was not suitable for the sale of alcoholic beverages; or

  (2) the location, if the license was denied because the local licensing board determined that the applicant was not a proper person to be issued the license.

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