Maryland 2022 Regular Session

Maryland House Bill HB1210 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 771
21
3-– 1 –
4-Chapter 771
5-(House Bill 1210)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1210*
89
9-Baltimore City – Alcoholic Beverages Licenses – Transfer
10+HOUSE BILL 1210
11+A2 2lr3034
12+ CF SB 430
13+By: Delegate Amprey
14+Introduced and read first time: February 11, 2022
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 9, 2022
1019
11-FOR the purpose of authorizing the Board to waive certain distance restrictions under
12-certain circumstances; authorizing the transfer of a certain Class A alcoholic
13-beverages license from a certain area in Baltimore City to another area in Baltimore
14-City; and generally relating to alcoholic beverages licenses in Baltimore City.
20+CHAPTER ______
1521
16-BY repealing and reenacting, without amendments,
17- Article – Alcoholic Beverages
18-Section 12–102
19- Annotated Code of Maryland
20- (2016 Volume and 2021 Supplement)
22+AN ACT concerning 1
2123
22-BY repealing and reenacting, with amendments,
23- Article – Alcoholic Beverages
24-Section 12–1605(a) and 12–1707
25- Annotated Code of Maryland
26- (2016 Volume and 2021 Supplement)
24+Baltimore City – Alcoholic Beverages Licenses – Transfer 2
2725
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
26+FOR the purpose of authorizing the Board to waive certain distance restrictions under 3
27+certain circumstances; authorizing the transfer of a certain Class A alcoholic 4
28+beverages license from a certain area in Baltimore City to another area in Baltimore 5
29+City; and generally relating to alcoholic beverages licenses in Baltimore City. 6
3030
31-Article – Alcoholic Beverages
31+BY repealing and reenacting, without amendments, 7
32+ Article – Alcoholic Beverages 8
33+Section 12–102 9
34+ Annotated Code of Maryland 10
35+ (2016 Volume and 2021 Supplement) 11
3236
33-12–102.
37+BY repealing and reenacting, with amendments, 12
38+ Article – Alcoholic Beverages 13
39+Section 12–1605(a) and 12–1707 14
40+ Annotated Code of Maryland 15
41+ (2016 Volume and 2021 Supplement) 16
3442
35- This title applies only in Baltimore City.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44+That the Laws of Maryland read as follows: 18
3645
37-121605.
46+Article Alcoholic Beverages 19
3847
39- (a) (1) (i) Except as otherwise provided in this subsection, a new license
40-may not be issued for and an existing license may not be moved to a building that is within
41-300 feet of the nearest point of the building of a place of worship or school.
48+12–102. 20 2 HOUSE BILL 1210
4249
43- (ii) In the 45th legislative district, a new Class A license of any type
44-may not be issued for a building that is within 500 feet of the nearest point of the building
45-of a place of worship or school.
4650
47- (2) Paragraph (1)(i) of this subsection does not apply to:
48- Ch. 771 2022 LAWS OF MARYLAND
4951
50-– 2 –
51- (i) a Class B beer and wine license outside the 46th legislative
52-district;
52+ This title applies only in Baltimore City. 1
5353
54- (ii) a Class B beer, wine, and liquor license outside the 46th
55-legislative district;
54+12–1605. 2
5655
57- (iii) a Class B–D–7 license in the Old Goucher Revitalization District
58-under § 12–1603(e) of this subtitle;
56+ (a) (1) (i) Except as otherwise provided in this subsection, a new license 3
57+may not be issued for and an existing license may not be moved to a building that is within 4
58+300 feet of the nearest point of the building of a place of worship or school. 5
5959
60- (iv) a Class C beer and wine license; and
60+ (ii) In the 45th legislative district, a new Class A license of any type 6
61+may not be issued for a building that is within 500 feet of the nearest point of the building 7
62+of a place of worship or school. 8
6163
62- (v) a Class C beer, wine, and liquor license.
64+ (2) Paragraph (1)(i) of this subsection does not apply to: 9
6365
64- (3) A license for use in a building that is within 300 feet of the grounds of
65-a place of worship or school may be renewed or extended for the same building.
66+ (i) a Class B beer and wine license outside the 46th legislative 10
67+district; 11
6668
67- (4) (i) This paragraph applies only to an area bounded by:
69+ (ii) a Class B beer, wine, and liquor license outside the 46th 12
70+legislative district; 13
6871
69- 1. High Street on the west, Pratt Street on the north, Central
70-Avenue on the east, and Eastern Avenue on the south;
72+ (iii) a Class B–D–7 license in the Old Goucher Revitalization District 14
73+under § 12–1603(e) of this subtitle; 15
7174
72- 2. West Cross Street and Amity Street on the west, Clifford
73-Street on the north, Scott Street on the east, and Carroll Street on the south; or
75+ (iv) a Class C beer and wine license; and 16
7476
75- 3. Holliday Street on the west, Saratoga Street on the north,
76-Gay Street on the east, and Lexington Street on the south.
77+ (v) a Class C beer, wine, and liquor license. 17
7778
78- (ii) The Board may waive the distance restrictions in paragraph
79-(1)(i) of this subsection for an application for the transfer of a license into an area specified
80-in subparagraph (i) of this paragraph if:
79+ (3) A license for use in a building that is within 300 feet of the grounds of 18
80+a place of worship or school may be renewed or extended for the same building. 19
8181
82- 1. the application is approved by:
82+ (4) (i) This paragraph applies only to an area bounded by: 20
8383
84- A. each community association representing the area;
84+ 1. High Street on the west, Pratt Street on the north, Central 21
85+Avenue on the east, and Eastern Avenue on the south; 22
8586
86- B. each business association in the area; and
87+ 2. West Cross Street and Amity Street on the west, Clifford 23
88+Street on the north, Scott Street on the east, and Carroll Street on the south; or 24
8789
88- C. the ordained leader and the board or council for each place
89-of worship that is within 300 feet of the proposed location of the establishment for which
90-the license transfer is sought; and
90+ 3. Holliday Street on the west, Saratoga Street on the north, 25
91+Gay Street on the east, and Lexington Street on the south. 26
9192
92- 2. a memorandum of understanding is executed by the
93-applicant for the license transfer and each community association in the area.
94- LAWRENCE J. HOGAN, JR., Governor Ch. 771
93+ (ii) The Board may waive the distance restrictions in paragraph 27
94+(1)(i) of this subsection for an application for the transfer of a license into an area specified 28
95+in subparagraph (i) of this paragraph if: 29
9596
96-– 3 –
97- (5) (I) THIS PARAGRAPH APPLIE S ONLY TO AN AREA BO UNDED BY
98-EAST CHASE STREET ON THE NORTH , NORTH LOVEGROVE STREET ON THE EAST ,
99-EAST EAGER STREET ON THE SOUTH , AND NORTH CHARLES STREET ON THE WEST .
97+ 1. the application is approved by: 30 HOUSE BILL 1210 3
10098
101- (II) THE BOARD MAY WAIVE THE D ISTANCE RESTRICTIONS IN
102-PARAGRAPH (1)(I) OF THIS SUBSECTION F OR AN APPLICATION FO R THE TRANSFER
103-OF A LICENSE INTO AN AREA SPECIFIED IN SU BPARAGRAPH (I) OF THIS PARAGRAPH .
10499
105-12–1707.
106100
107- (a) The alcoholic beverages districts described in this section at all times are
108-coterminous with the legislative districts in the Legislative Districting Plan of 2012.
101+ A. each community association representing the area; 1
109102
110- (b) Except as provided in subsection (c) of this section, a license may not be
111-transferred into:
103+ B. each business association in the area; and 2
112104
113- (1) the 40th alcoholic beverages district;
105+ C. the ordained leader and the board or council for each place 3
106+of worship that is within 300 feet of the proposed location of the establishment for which 4
107+the license transfer is sought; and 5
114108
115- (2) the 41st alcoholic beverages district;
109+ 2. a memorandum of understanding is executed by the 6
110+applicant for the license transfer and each community association in the area. 7
116111
117- (3) the 43rd alcoholic beverages district;
112+ (5) (I) THIS PARAGRAPH APPLIE S ONLY TO AN AREA BO UNDED BY 8
113+EAST CHASE STREET ON THE NORTH , NORTH LOVEGROVE STREET ON THE EAST , 9
114+EAST EAGER STREET ON THE SOUTH , AND NORTH CHARLES STREET ON THE WEST . 10
118115
119- (4) the 44th alcoholic beverages district; and
116+ (II) THE BOARD MAY WAIVE THE D ISTANCE RESTRICTIONS IN 11
117+PARAGRAPH (1)(I) OF THIS SUBSECTION F OR AN APPLICATION FO R THE TRANSFER 12
118+OF A LICENSE INTO AN AR EA SPECIFIED IN SUBP ARAGRAPH (I) OF THIS PARAGRAPH . 13
120119
121- (5) the 45th alcoholic beverages district.
120+12–1707. 14
122121
123- (c) (1) Except as provided in paragraphs (2) [and (3)] THROUGH (4) of this
124-subsection, a license of any class may not be transferred into the areas described in
125-subsection (b) of this section.
122+ (a) The alcoholic beverages districts described in this section at all times are 15
123+coterminous with the legislative districts in the Legislative Districting Plan of 2012. 16
126124
127- (2) A licensed drugstore may transfer the license into the 45th alcoholic
128-beverages district.
125+ (b) Except as provided in subsection (c) of this section, a license may not be 17
126+transferred into: 18
129127
130- (3) One Class B–D–7 license issued for a property surrounded by West
131-Preston Street on the north, Morton Street on the east, West Biddle Street on the south,
132-and Maryland Avenue on the west may be transferred to a property surrounded by West
133-Eager Street and East Eager Street on the north, Lovegrove Street on the east, West Read
134-Street and East Read Street on the south, and Morton Street on the west.
128+ (1) the 40th alcoholic beverages district; 19
135129
136- (4) ONE CLASS A BEER, AND LIGHT WINE, AND LIQUOR LICENSE
137-ISSUED FOR A PROPERT Y SURROUNDED BY WEST EAGER STREET ON THE NORTH ,
138-MORTON STREET ON THE EAST, BREXTON STREET ON THE SOUTH , AND CATHEDRAL
139-STREET ON THE WEST MA Y BE TRANSFERRED TO A PROPERTY SURROUNDE D BY
140-EAST CHASE STREET ON THE NORTH , NORTH LOVEGROVE STREET ON THE EAST ,
141-EAST EAGER STREET ON THE SOUTH , AND NORTH CHARLES STREET ON THE WEST. Ch. 771 2022 LAWS OF MARYLAND
130+ (2) the 41st alcoholic beverages district; 20
142131
143-– 4 –
132+ (3) the 43rd alcoholic beverages district; 21
144133
145- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
146-1, 2022.
134+ (4) the 44th alcoholic beverages district; and 22
147135
148-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
136+ (5) the 45th alcoholic beverages district. 23
137+
138+ (c) (1) Except as provided in paragraphs (2) [and (3)] THROUGH (4) of this 24
139+subsection, a license of any class may not be transferred into the areas described in 25
140+subsection (b) of this section. 26
141+
142+ (2) A licensed drugstore may transfer the license into the 45th alcoholic 27
143+beverages district. 28
144+ 4 HOUSE BILL 1210
145+
146+
147+ (3) One Class B–D–7 license issued for a property surrounded by West 1
148+Preston Street on the north, Morton Street on the east, West Biddle Street on the south, 2
149+and Maryland Avenue on the west may be transferred to a property surrounded by West 3
150+Eager Street and East Eager Street on the north, Lovegrove Street on the east, West Read 4
151+Street and East Read Street on the south, and Morton Street on the west. 5
152+
153+ (4) ONE CLASS A BEER, AND LIGHT WINE, AND LIQUOR LICENSE 6
154+ISSUED FOR A PROPERT Y SURROUNDED BY WEST EAGER STREET ON THE NORTH , 7
155+MORTON STREET ON THE EAST , BREXTON STREET ON THE SOUTH , AND CATHEDRAL 8
156+STREET ON THE WEST MA Y BE TRANSFERRED TO A PROPERTY SURROUNDED BY 9
157+EAST CHASE STREET ON THE NORTH , NORTH LOVEGROVE STREET ON THE EAST , 10
158+EAST EAGER STREET ON THE SOUTH , AND NORTH CHARLES STREET ON THE WEST . 11
159+
160+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12
161+1, 2022. 13
162+
163+
164+
165+
166+
167+Approved:
168+________________________________________________________________________________
169+ Governor.
170+________________________________________________________________________________
171+ Speaker of the House of Delegates.
172+________________________________________________________________________________
173+ President of the Senate.