Maryland 2022 Regular Session

Maryland Senate Bill SB102 Latest Draft

Bill / Introduced Version Filed 01/03/2022

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0102*  
  
SENATE BILL 102 
A2   	2lr1063 
  	(PRE–FILED) 	CF 2lr1064 
By: Senator Cassilly 
Requested: October 29, 2021 
Introduced and read first time: January 12, 2022 
Assigned to: Education, Health, and Environmental Affairs 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Harford County – Alcoholic Beverages – Sale of Beer to Retail Dealer 2 
 
FOR the purpose of authorizing a holder of a manufacturer’s license and a holder of a 3 
wholesaler’s license to sell beer to a retail dealer on terms other than cash on delivery 4 
in Harford County; and generally relating to alcoholic beverages in Harford County. 5 
 
BY repealing and reenacting, without amendments, 6 
 Article – Alcoholic Beverages 7 
Section 2–215, 2–314, and 22–102 8 
 Annotated Code of Maryland 9 
 (2016 Volume and 2021 Supplement) 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Alcoholic Beverages 12 
Section 22–401 and 22–501 13 
 Annotated Code of Maryland 14 
 (2016 Volume and 2021 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Alcoholic Beverages 18 
 
2–215. 19 
 
 (a) A holder of a manufacturer’s license may not sell beer to a retail dealer on 20 
terms other than for cash on delivery. 21 
 
 (b) A civil action to enforce or collect a claim for credit extended or enforce a check 22 
given in violation of this section may not be maintained in the State. 23  2 	SENATE BILL 102  
 
 
 
2–314. 1 
 
 (a) A holder of a wholesaler’s license may not sell beer to a retail dealer on terms 2 
other than for cash on delivery. 3 
 
 (b) A suit or civil action to enforce or collect a claim for credit extended or enforce 4 
payment of a check given for payment in violation of this section may not be maintained in 5 
the State. 6 
 
 (c) A person that violates this section is subject to the penalties provided in §  7 
6–402 of this article. 8 
 
22–102. 9 
 
 This title applies only in Harford County. 10 
 
22–401.  11 
 
 (a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of 12 
Division I of this article apply in the county without exception or variation: 13 
 
 (1) § 2–201 (“Issuance by Comptroller”); 14 
 
 (2) § 2–202 (“Class 1 distillery license”); 15 
 
 (3) § 2–203 (“Class 9 limited distillery license”); 16 
 
 (4) § 2–204 (“Class 2 rectifying license”); 17 
 
 (5) § 2–205 (“Class 3 winery license”); 18 
 
 (6) § 2–206 (“Class 4 limited winery license”); 19 
 
 (7) § 2–208 (“Class 6 pub–brewery license”); 20 
 
 (8) § 2–209 (“Class 7 micro–brewery license”); 21 
 
 (9) § 2–210 (“Class 8 farm brewery license”); 22 
 
 (10) § 2–211 (“Residency requirement”); 23 
 
 (11) § 2–212 (“Additional licenses”); 24 
 
 (12) § 2–213 (“Additional fees”); 25 
 
 (13) § 2–214 (“Sale or delivery restricted”); 26   	SENATE BILL 102 	3 
 
 
 
 (14) [§ 2–215 (“Beer sale on credit to retail dealer prohibited”); 1 
 
 (15)] § 2–216 (“Interaction between manufacturing entities and retailers”); 2 
 
 [(16)] (15) § 2–217 (“Distribution of alcoholic beverages — Prohibited 3 
practices”); and 4 
 
 [(17)] (16) § 2–218 (“Restrictive agreements between producers and 5 
retailers — Prohibited”). 6 
 
 (B) SECTION 2–215 (“BEER SALE ON CREDIT T O RETAIL DEALER 7 
PROHIBITED”) OF DIVISION I OF THIS ARTICLE DOES NOT APPLY IN THE COU NTY. 8 
 
 [(b)] (C) Section 2–207 (“Class 5 brewery license”) of Division I of this article 9 
applies in the county, subject to § 22–403 of this subtitle. 10 
 
22–501. 11 
 
 (A) THE FOLLOWING SECTION S OF Title 2, Subtitle 3 (“Wholesaler’s Licenses”) 12 
of Division I of this article [applies] APPLY in the county without exception or variation: 13 
 
 (1) § 2–301 (“LICENSES ISSUED BY COMPTROLLER ”); 14 
 
 (2) § 2–302 (“CLASS 1 BEER, WINE, AND LIQUOR WHOLESALE R’S 15 
LICENSE”); 16 
 
 (3) § 2–303 (“CLASS 2 WINE AND LIQUOR WHOL ESALER’S LICENSE”); 17 
 
 (4) § 2–304 (“CLASS 3 BEER AND WINE WHOLES ALER’S LICENSE”); 18 
 
 (5) § 2–305 (“CLASS 4 BEER WHOLESALER ’S LICENSE”); 19 
 
 (6) § 2–306 (“CLASS 5 WINE WHOLESALER ’S LICENSE”); 20 
 
 (7) § 2–307 (“CLASS 6 LIMITED WINE WHOLESA LER’S LICENSE”); 21 
 
 (8) § 2–308 (“CLASS 7 LIMITED BEER WHOLESA LER’S LICENSE”); 22 
 
 (9) § 2–308.1 (“CLASS 8 LIQUOR WHOLESALER ’S LICENSE”); 23 
 
 (10) § 2–309 (“SALE AND DELIVERY OF BEER OR WINE FROM 24 
WHOLESALER ’S VEHICLE”); 25 
  4 	SENATE BILL 102  
 
 
 (11) § 2–310 (“SALE AND DELIVERY TO RETAIL LICENSE HOLDE R”); 1 
 
 (12) § 2–311 (“ADDITIONAL WHOLESALER ’S LICENSES”); 2 
 
 (13) § 2–312 (“DIRECT IMPORTATION OF ALCOHOLIC BEVERAGES ”); 3 
 
 (14) § 2–313 (“SALE OR DELIVERY REST RICTED TO HOLDER OF 4 
LICENSE OR PERMIT ”); 5 
 
 (15) § 2–315 (“INTERACTION BETWEEN W HOLESALING ENTITIES AND 6 
RETAILERS”); 7 
 
 (16) § 2–316 (“DISTRIBUTION OF ALCOH	OLIC  8 
BEVERAGES — PROHIBITED PRACTICES ”); AND 9 
 
 (17) § 2–317 (“RESTRICTIVE AGREEMENT S BETWEEN WHOLESALER S 10 
AND RETAILERS — PROHIBITED”). 11 
 
 (B) SECTION 2–314 (“BEER SALE ON CREDIT T O RETAIL DEALER 12 
PROHIBITED”) OF DIVISION I OF THIS ARTICLE DOES NOT APPLY IN THE COU NTY. 13 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 
1, 2022. 15