LAWRENCE J. HOGAN, JR., Governor Ch. 744
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Chapter 744
(House Bill 232)
AN ACT concerning
Montgomery County – Alcoholic Beverages – Class B Beer, Wine, and Liquor
(Clubhouse/Lodge) License – Manufacturer’s Licenses
MC 23–22
FOR the purpose of authorizing the holder of a Class B–BWL (clubhouse/lodge) license in
Montgomery County to be issued a Class 4 limited winery license and a Class 7
micro–brewery license to manufacture, sell, and serve certain products; providing
that certain restrictions and requirements on the holder of a Class 4 limited winery
license do not apply to the holder of both licenses; and generally relating to alcoholic
beverages licenses in Montgomery County.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 2–212(a) and 25–102
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 25–401, 25–405, and 25–1003
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
BY adding to
Article – Alcoholic Beverages
Section 25–407
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages
2–212.
(a) (1) This subsection does not apply to a Class 6 pub–brewery license.
(2) The holder of a distillery, rectifying, winery, limited winery, brewery,
or farm brewery license may apply for and obtain, under a different name, one or more Ch. 744 2022 LAWS OF MARYLAND
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additional distillery, rectifying, winery, limited winery, brewery, or farm brewery licenses
for the same or different premises.
(3) (i) The holder of multiple manufacturer’s licenses at the same
location may allow the sampling, sales, and consumption of products produced under the
licenses at each of the licensed premises.
(ii) The sampling, sales, and consumption of products shall be
consistent with the authorization for each license.
(4) The additional licenses may be issued to different persons or under
trade names used by persons occupying all or a part of the same premises.
(5) A holder of a license listed in paragraph (2) of this subsection may hold
additional licenses listed in paragraph (2) of this subsection of the same or of a different
class.
(6) The holder of a micro–brewery license may apply for and obtain not
more than one additional micro–brewery license for another premises.
25–102.
This title applies only in Montgomery County.
25–401.
(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of
Division I of this article apply in the county without exception or variation:
(1) § 2–201 (“Issuance by Comptroller”);
(2) § 2–202 (“Class 1 distillery license”);
(3) § 2–204 (“Class 2 rectifying license”);
(4) [§ 2–206 (“Class 4 limited winery license”);
(5)] § 2–207 (“Class 5 brewery license”);
[(6)] (5) § 2–210 (“Class 8 farm brewery license”);
[(7)] (6) § 2–211 (“Residency requirement”);
[(8)] (7) § 2–212 (“Additional licenses”);
[(9)] (8) § 2–213 (“Additional fees”); LAWRENCE J. HOGAN, JR., Governor Ch. 744
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[(10)] (9) § 2–214 (“Sale or delivery restricted”);
[(11)] (10) § 2–216 (“Interaction between manufacturing entities and
retailers”);
[(12)] (11) § 2–217 (“Distribution of alcoholic beverages — Prohibited
practices”); and
[(13)] (12) § 2–218 (“Restrictive agreements between producers and
retailers — Prohibited”).
(b) Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of
this article does not apply in the county.
(c) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of
Division I of this article apply in the county:
(1) § 2–203 (“Class 9 limited distillery license”), subject to § 25–406 of this
subtitle;
(2) § 2–205 (“Class 3 winery license”), subject to § 25–403 of this subtitle;
(3) § 2–206 (“CLASS 4 LIMITED WINERY LICEN SE”), SUBJECT TO §
25–407 OF THIS SUBTITLE ;
(4) § 2–208 (“Class 6 pub–brewery license”), subject to § 25–404 of this
subtitle; and
[(4)] (5) § 2–209 (“Class 7 micro–brewery license”), subject to § 25–405 of
this subtitle.
25–405.
(a) This section applies to a Class 7 micro–brewery (on– and off–sale) license in
the county.
(b) The license may be issued to the holder of:
(1) a Class B beer, wine, and liquor (on–sale) license that is issued for use
on the premises of a restaurant located in the county;
(2) subject to subsection (c) of this section, a Class D beer and wine license
that is issued for the sale of beer and wine, at retail, at the place described in the license,
for on– and off–premises consumption;
Ch. 744 2022 LAWS OF MARYLAND
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(3) a Class H beer and wine license that is issued for the sale of beer and
wine at a hotel or restaurant, at retail, at the place described in the license, for on–premises
consumption; [or]
(4) a Class BD–BWL license that is issued for the sale of beer and wine for
on– and off–premises consumption, and liquor for on–premises consumption, at the place
described in the license; OR
(5) A CLASS B–BWL (CLUBHOUSE /LODGE) LICENSE THAT IS ISSU ED
FOR THE SALE OF BEER AND WINE FOR ON– AND OFF–PREMISES CONSUMPTION , AND
LIQUOR FOR ON –PREMISES CONSUMPTION , AT THE PLACE DESCRIB ED IN THE
LICENSE.
(c) The [Comptroller] COMMISSION may not issue more than an aggregate
amount of two Class 7 micro–brewery licenses to holders of Class D beer and wine licenses
in the Town of Kensington.
(d) A holder of the license shall enter into a written agreement with the Alcohol
Beverage Services for the sale and resale of malt beverages brewed under the license.
(e) (1) Subject to paragraphs (2), (3), and (4) of this subsection, the holder of a
Class 7 micro–brewery license may:
(i) brew in two locations using the same Class 7 micro–brewery
license; and
(ii) obtain a Class 2 rectifying license for the premises at the two
locations authorized under item (i) of this paragraph.
(2) The holder of a Class 7 micro–brewery license may brew in two locations
using the same Class 7 micro–brewery license if the license holder:
(i) requests permission by submitting a written application to the
[Comptroller] COMMISSION ; and
(ii) obtains written approval from the [Comptroller] COMMISSION.
(3) Before authorizing a holder of a Class 7 micro–brewery license to brew
in two locations using the same Class 7 micro–brewery license, the [Comptroller]
COMMISSION shall:
(i) make a determination that a second location to brew additional
capacity is necessary due to insufficient space at the existing Class 7 license location; and
(ii) consider any other factor relevant to approval of the application. LAWRENCE J. HOGAN, JR., Governor Ch. 744
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(4) Notwithstanding any other provision of this article, a holder of a Class
7 micro–brewery license may not serve or sell malt beverages for on– or off–premises
consumption at the second brewing location authorized under this subsection.
25–407.
(A) A HOLDER OF A CLASS B–BWL (CLUBHOUSE /LODGE) LICENSE MAY BE
ISSUED A CLASS 4 LIMITED WINERY LICENSE TO SELL AND S ERVE THE FERMENTED
AND DISTILLED PRODUC TS THAT THE HOLDER M ANUFACTURES FOR ON – AND
OFF–PREMISES CONSUMPTION .
(B) THE RESTRICTIONS UNDE R § 2–206(B)(5)(III), (6)(II), AND (9) AND THE
NOTICE REQUIREMENT U NDER § 2–206(B)(9) OF THIS ARTICLE DO NOT APPLY TO A
LICENSE ISSUED UNDER THIS SECTION.
25–1003.
(a) There is a Class B–BWL (clubhouse/lodge) license.
(b) The Board may issue a Class B –BWL (clubhouse/lodge) license to the
Executive Director of the Montgomery County Revenue Authority or the designee of the
Executive Director, for use by a multiuse facility that accommodates a golf course, a
restaurant, a clubhouse, a tasting bar, and the catering of events anywhere on the property.
(c) The license authorizes the license holder to:
(1) sell beer and wine for off–premises consumption;
(2) sell beer, wine, and liquor for on–premises consumption; and
(3) offer samples of alcoholic beverages at no charge or for a fee.
(d) The restrictions contained in § 25–902(b) of this title do not apply to the
issuance of a Class B–BWL (clubhouse/lodge) license.
(e) THE LICENSE HOLDER MAY ALSO HOLD:
(1) A CLASS 4 LIMITED WINERY LICENSE IN ACCORDANCE WITH §
25–407 OF THIS TITLE; AND
(2) A CLASS 7 MICRO–BREWERY LICENSE IN A CCORDANCE WITH §
25–405 OF THIS TITLE.
(F) The annual license fee is $1,000. Ch. 744 2022 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.