EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0222*
SENATE BILL 222
A2 EMERGENCY BILL 2lr1389
CF HB 372
By: Senator Ferguson
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 1, 2022
CHAPTER ______
AN ACT concerning 1
Baltimore City – Board of License Commissioners – Licensee Hours of Operation 2
and Enforcement 3
FOR the purpose of prohibiting a holder of a Class A license, a Class B–D–7 license, or an 4
adult entertainment license issued by the Board of License Commissioners for 5
Baltimore City from operating in a certain area in Baltimore City later than a certain 6
time unless the license holder takes certain security measures; requiring the 7
Downtown Commercial District Authority to enter into a contract with the Baltimore 8
Police Department for the hiring of certain police officers for a certain purpose; and 9
generally relating to the hours of operation for alcoholic beverages and adult 10
entertainment licensees in Baltimore City. 11
BY repealing and reenacting, without amendments, 12
Article – Alcoholic Beverages 13
Section 12–102 14
Annotated Code of Maryland 15
(2016 Volume and 2021 Supplement) 16
BY adding to 17
Article – Alcoholic Beverages 18
Section 12–2009 19
Annotated Code of Maryland 20
(2016 Volume and 2021 Supplement) 21
BY repealing and reenacting, without amendments, 22 2 SENATE BILL 222
The Charter of Baltimore City 1
Article II – General Powers 2
Section (61)(a)(1) 3
(2007 Replacement Volume, as amended) 4
BY repealing and reenacting, with amendments, 5
The Charter of Baltimore City 6
Article II – General Powers 7
Section (61)(b) 8
(2007 Replacement Volume, as amended) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Alcoholic Beverages 12
12–102. 13
This title applies only in Baltimore City. 14
12–2009. 15
(A) IN THIS SECTION, “ADULT ENTERTAINMENT ” HAS THE MEANING STAT ED 16
IN ARTICLE 15, § 1–1 OF THE BALTIMORE CITY CODE. 17
(B) THIS SECTION APPLIES ONLY TO: 18
(1) A HOLDER OF A CLASS A LICENSE; 19
(2) A HOLDER OF A CLASS B–D–7 LICENSE; AND 20
(3) A HOLDER OF AN ADULT ENTERTAINMENT LICENS E ISSUED BY 21
THE BOARD UNDER § 12–2102 OF THIS TITLE AND ARTICLE 15, SUBTITLE 1 OF THE 22
BALTIMORE CITY CODE. 23
(C) THE EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , THE 24
HOLDER OF A LICENSE DESCRIBED IN SUBSECT ION (B) OF THIS SECTION MAY NOT 25
OPERATE AN ESTABLISH MENT LATER THAN 10 P.M. IF THE ESTABLISHMENT IS IN AN 26
AREA BOUNDED AS FOLL OWS: FROM THE INTERSECTIO N OF HOLLIDAY STREET AND 27
EAST FAYETTE STREET, EAST ON EAST FAYETTE STREET TO THE INTERSE CTION 28
WITH NORTH GAY STREET, SOUTH ON NORTH GAY STREET TO THE INTERSE CTION 29
WITH EAST BALTIMORE STREET, SOUTH ON SOUTH GAY STREET TO THE 30
INTERSECTION WITH WATER STREET, WEST ON WATER STREET TO THE 31
INTERSECTION WITH COMMERCE STREET, NORTH ON COMMERCE STREET TO THE 32
INTERSECTION WITH EAST BALTIMORE STREET, THEN NORTH ON HOLLIDAY 33 SENATE BILL 222 3
STREET BACK TO THE IN TERSECTION OF HOLLIDAY STREET AND EAST FAYETTE 1
STREET. 2
(D) (1) THE HOLDER OF A LICEN SE DESCRIBED IN SUBS ECTION (B) OF 3
THIS SECTION THAT OP ERATES AN ESTABLISHM ENT BOUNDED IN THE A REA 4
DESCRIBED IN SUBSECT ION (C) OF THIS SECTION MAY OPERATE THE 5
ESTABLISHMENT WITH IN THE HOURS OF OPER ATION AUTHORIZED BY THE LICENSE 6
IF THE HOLDER SUBMIT S TO THE BOARD A SECURITY PLAN THAT IS APPROVED BY 7
THE BOARD AFTER CONSULTAT ION WITH THE BALTIMORE POLICE DEPARTMENT . 8
(2) THE SECURITY PLAN REQ UIRED UNDER PARAGRAP H (1) OF THIS 9
SUBSECTION SHALL INCLUD E: 10
(I) THE HIRING OF SECURI TY PERSONNEL TO BE P RESENT AT 11
THE LICENSED PREMISE S DURING ALL HOURS O F OPERATION; 12
(II) THE PLACEMENT OF SEC URITY PERSONNEL INSI DE AND 13
IMMEDIATELY OUTSIDE THE LICENSED PREMISE S; 14
(III) PROCEDURES FOR SECURING THE EST ABLISHMENT AND 15
EACH ENTRYWAY INTO T HE ESTABLISHMENT , INCLUDING THE CONSIS TENT USE OF 16
METAL DETECTORS , AND THE AREA IMMEDIA TELY AROUND THE ESTA BLISHMENT; 17
(IV) A PLAN FOR COMMUNICA TION BETWEEN SECURIT Y AND THE 18
BALTIMORE POLICE DEPARTMENT; 19
(V) A PLAN FOR NOT EXCEE DING A CAPACITY LIMI T FOR THE 20
LICENSED PREMISES DE TERMINED BY THE BALTIMORE CITY FIRE MARSHAL; AND 21
(VI) THE NAME OF AND DIRE CT CONTACT INFORMATI ON FOR 22
THE OWNER AND MANAGE R OF THE LICENSED PR EMISES. 23
(3) THE HOLDER OF A LICENSE UNDER THIS SUBSECTION SHALL , FOR 24
SECURITY PERSONNEL H IRED IN ACCORDANCE W ITH PARAGRAPH (2)(I) OF THIS 25
SUBSECTION: 26
(I) PROVIDE THE IDENTIFY ING INFORMATION , INCLUDING 27
NAME, BIRTHDATE, HOME ADDRESS , AND TELEPHONE NUMBER , OF SECURITY 28
PERSONNEL W HO ARE REGULAR OR PA RT–TIME EMPLOYEES , INCLUDING 29
TEMPORARY EMPLOYEES DURING THE PRECEDING QUARTER, OF THE LICENSED 30
PREMISES TO THE BALTIMORE POLICE DEPARTMENT ON A QUART ERLY BASIS; AND 31
(II) ENSURE THAT A SECURI TY GUARD WHO WORKS F OR A 32
THIRD–PARTY SECURITY CONTR ACTOR CARRIES DOCUME NTATION SHOWING THEI R 33 4 SENATE BILL 222
SECURITY GUARD CERTI FICATION WITH THE MARYLAND STATE POLICE WHILE 1
THEY ARE WORKING . 2
(4) (I) THE HOLDER OF A LICEN SE UNDER THIS SUBSEC TION 3
SHALL SUBMIT AN UPDATE D SECURITY PLAN TO T HE BOARD EACH YEAR WITH AN 4
APPLICATION FOR LICE NSE RENEWAL UNDER § 12–1802 OF THIS TITLE. 5
(II) THE BOARD, IN CONSULTATION WITH THE BALTIMORE 6
POLICE DEPARTMENT , SHALL CONSIDER THE L ICENSE HOLDER ’S COMPLIANCE 7
WITH THE PREVIOUS YEAR ’S SECURITY PLAN BEFO RE DETERMINING WHETH ER TO 8
APPROVE THE LICENSE HOLDER’S UPDATED SECURITY P LAN. 9
(E) (1) THE HOLDER OF A LICEN SE DESCRIBED IN SUBS ECTION (B) OF 10
THIS SECTION THAT OP ERATES AN ESTABLISHM ENT BOUNDED IN THE A REA 11
DESCRIBED IN SUBSECTION (C) OF THIS SECTION SHAL L MAINTAIN AND OPERA TE A 12
DIGITAL SURVEILLANCE SYSTEM ON THE EXTERI OR OF THE LICENSED P REMISES. 13
(2) THE DIGITAL SURVEILLA NCE SYSTEM UNDER PAR AGRAPH (1) OF 14
THIS SUBSECTION SHAL L: 15
(I) BE EQUIPPED WITH HIG H–DEFINITION CAMERAS THAT 16
PROVIDE CONTINUOUS , 24–HOUR VIDEO MONITORIN G WITHOUT AUDIO RECO RDING 17
CAPACITY PLACED OUTS IDE THE LICENSED PRE MISES IN SUCH A WAY THAT THE 18
EXTERIOR OF EACH ENT RYWAY INTO AND EXIT AWAY FROM THE LICENS ED 19
PREMISES IS MONITORE D; 20
(II) RETAIN VIDEO RECORDED FR OM THE SURVEILLANCE 21
SYSTEM FOR NOT LESS THAN 14 DAYS; AND 22
(III) BE REGISTERED WITH A ND ACCESSIBLE BY THE BALTIMORE 23
CITY INTELLIGENCE CENTER. 24
(3) THE LICENSE HOLDER SH ALL, ON REQUEST , PROVIDE A 25
RECORDING CREATED BY THE DIGITAL SURVEILLANCE SYSTEM IN THIS SUBSECTION 26
TO THE BALTIMORE POLICE DEPARTMENT . 27
(F) THE BOARD, AFTER CONSULTATION W ITH THE BALTIMORE POLICE 28
DEPARTMENT , MAY AUTHORIZE AN EXE MPTION FROM THE PROV ISIONS OF 29
SUBSECTION (D) OF THIS SECTION FOR AN ESTABLISHMENT OPERA TING UNDER A 30
CLASS A LICENSE. 31
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 32
as follows: 33
SENATE BILL 222 5
The Charter of Baltimore City 1
Article II – General Powers 2
The Mayor and City Council of Baltimore shall have full power and authority to 3
exercise all of the powers heretofore or hereafter granted to it by the Constitution of 4
Maryland or by any Public General or Public Local Laws of the State of Maryland; and in 5
particular, without limitation upon the foregoing, shall have power by ordinance, or such 6
other method as may be provided for in its Charter, subject to the provisions of said 7
Constitution and Public General Laws: 8
(61) 9
(a) (1) To establish a Downtown Commercial District Management Authority 10
within the City of Baltimore to do any or all of the following: promote or market the district; 11
provide supplementary security and maintenance services; and provide amenities in public 12
areas. 13
(b) (1) AS PROVIDED BY ORDINA NCE, THE AUTHORITY SHALL ENTER 14
INTO A CONTRACT WITH THE BALTIMORE POLICE DEPARTMENT TO HIRE TW O 15
OFFICERS OF THE BALTIMORE POLICE DEPARTMENT TO EXCLUSI VELY PATROL THE 16
400 UNIT BLOCK OF BALTIMORE STREET AND THE UNIT B LOCK OF CUSTOM HOUSE 17
AVENUE BETWEEN THE HO URS OF 10 P.M. AND 3 A.M. ON THE THURSDAY, FRIDAY, 18
AND SATURDAY OF EACH WEEK. 19
(2) As provided by ordinance, the Authority may have the power: 20
[(1)] (I) to be a special tax district or special benefits assessment district 21
and to conduct the functions which are assigned to it by the City. 22
[(2)] (II) to acquire, hold and use property necessary to achieve its 23
purposes. 24
[(3)] (III) to make contracts; to sue and be sued. 25
[(4)] (IV) to accept grants. 26
[(5)] (V) to borrow for purposes consistent with the public purposes of the 27
Authority. 28
[(6)] (VI) to propose in its annual budget the taxes or charges on properties 29
within the district. No such amounts shall be levied against residential property with fewer 30
than four dwelling units. Property which is exempt under State law from ordinary property 31
taxes shall be exempt from assessments by the district. Before adopting its proposed budget 32
and before making its recommendation to the City, the Authority shall hold a public 33
hearing on taxes or charges proposed for the district. The Authority shall publish notice of 34 6 SENATE BILL 222
the hearing in a newspaper of general circulation in Baltimore City at least once a week for 1
three consecutive weeks before the hearing. 2
[(7)] (VII) to do all things necessary or convenient to carry out its powers. 3
[(8)] (VIII) to adopt, amend and modify by–laws, all of which shall be subject 4
to the approval of the Board of Estimates. 5
[(9)] (IX) to establish and elect officers and provide for their terms and 6
duties. 7
[(10)] (X) to contract for and purchase goods and services, not subject to 8
the City requirements regarding wage scales, competitive bidding or other local 9
procurement laws; however the Authority shall be subject to City ordinances and City 10
policy requiring achievement of goals regarding minority and women ’s business 11
enterprises. 12
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 13
measure, is necessary for the immediate preservation of the public health or safety, has 14
been passed by a yea and nay vote supported by three–fifths of all the members elected to 15
each of the two Houses of the General Assembly, and shall take effect from the date it is 16
enacted shall take effect July 1, 2022. Section 2 of this Act shall remain effective for a period 17
of 5 years and, at the end of June 30, 2027, Section 2 of this Act, with no further action 18
required by the General Assembly, shall be abrogated and of no further force and effect. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.