LAWRENCE J. HOGAN, JR., Governor Ch. 36
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Chapter 36
(Senate Bill 222)
AN ACT concerning
Baltimore City – Board of License Commissioners – Licensee Hours of Operation
and Enforcement
FOR the purpose of prohibiting a holder of a Class A license, a Class B–D–7 license, or an
adult entertainment license issued by the Board of License Commissioners for
Baltimore City from operating in a certain area in Baltimore City later than a certain
time unless the license holder takes certain security measures; requiring the
Downtown Commercial District Authority to enter into a contract with the Baltimore
Police Department for the hiring of certain police officers for a certain purpose; and
generally relating to the hours of operation for alcoholic beverages and adult
entertainment licensees in Baltimore City.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 12–102
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
BY adding to
Article – Alcoholic Beverages
Section 12–2009
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
The Charter of Baltimore City
Article II – General Powers
Section (61)(a)(1)
(2007 Replacement Volume, as amended)
BY repealing and reenacting, with amendments,
The Charter of Baltimore City
Article II – General Powers
Section (61)(b)
(2007 Replacement Volume, as amended)
SECTION 1. BE IT ENACTED BY THE GEN ERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages
Ch. 36 2022 LAWS OF MARYLAND
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12–102.
This title applies only in Baltimore City.
12–2009.
(A) IN THIS SECTION, “ADULT ENTERTAINMENT ” HAS THE MEANING STAT ED
IN ARTICLE 15, § 1–1 OF THE BALTIMORE CITY CODE.
(B) THIS SECTION APPLIES ONLY TO:
(1) A HOLDER OF A CLASS A LICENSE;
(2) A HOLDER OF A CLASS B–D–7 LICENSE; AND
(3) A HOLDER OF AN ADULT ENTERTAINMENT LICENS E ISSUED BY
THE BOARD UNDER § 12–2102 OF THIS TITLE AND ARTICLE 15, SUBTITLE 1 OF THE
BALTIMORE CITY CODE.
(C) THE EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION , THE
HOLDER OF A LICENSE DESCRIBED IN SUBSECT ION (B) OF THIS SECTION MAY NOT
OPERATE AN ESTABLISH MENT LATER THAN 10 P.M. IF THE ESTABLISHMENT IS IN AN
AREA BOUNDED AS FOLL OWS: FROM THE INTERSECTIO N OF HOLLIDAY STREET AND
EAST FAYETTE STREET, EAST ON EAST FAYETTE STREET TO THE INTERSE CTION
WITH NORTH GAY STREET, SOUTH ON NORTH GAY STREET TO THE INTERSE CTION
WITH EAST BALTIMORE STREET, SOUTH ON SOUTH GAY STREET TO THE
INTERSECTION WITH WATER STREET, WEST ON WATER STREET TO THE
INTERSECTION WITH COMMERCE STREET, NORTH ON COMMERCE STREET TO THE
INTERSECTION WITH EAST BALTIMORE STREET, THEN NORTH ON HOLLIDAY
STREET BACK TO THE IN TERSECTION OF HOLLIDAY STREET AND EAST FAYETTE
STREET.
(D) (1) THE HOLDER OF A LICEN SE DESCRIBED IN SUBS ECTION (B) OF
THIS SECTION THAT OP ERATES AN ESTABLISHM ENT BOUNDED IN THE A REA
DESCRIBED IN SUBSECT ION (C) OF THIS SECTION MAY OPERATE THE
ESTABLISHMENT WITHIN THE HOURS OF OPE RATION AUTHORIZED BY THE LICENSE
IF THE HOLDER SUBMIT S TO THE BOARD A SECURITY PLAN THAT IS APPROVED BY
THE BOARD AFTER CONSULTAT ION WITH THE BALTIMORE POLICE DEPARTMENT .
(2) THE SECURITY PLAN REQ UIRED UNDER PARAGRAP H (1) OF THIS
SUBSECTION SHALL INC LUDE:
LAWRENCE J. HOGAN, JR., Governor Ch. 36
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(I) THE HIRING OF SECURI TY PERSONNEL TO BE P RESENT AT
THE LICENSED PREMISE S DURING ALL HOURS O F OPERATION;
(II) THE PLACEMENT OF SEC URITY PERSONNEL INSI DE AND
IMMEDIATELY OUTSIDE THE LICENSED PREMISE S;
(III) PROCEDURES FOR SECUR ING THE ESTABLISHMENT AND
EACH ENTRYWAY INTO T HE ESTABLISHMENT , INCLUDING THE CONSIS TENT USE OF
METAL DETECTORS , AND THE AREA IMMEDIA TELY AROUND THE ESTA BLISHMENT;
(IV) A PLAN FOR COMMUNICA TION BETWEEN SECURIT Y AND THE
BALTIMORE POLICE DEPARTMENT ;
(V) A PLAN FOR NOT EXCEEDING A CAPACITY LIMIT FOR THE
LICENSED PREMISES DE TERMINED BY THE BALTIMORE CITY FIRE MARSHAL; AND
(VI) THE NAME OF AND DIRE CT CONTACT INFORMATI ON FOR
THE OWNER AND MANAGE R OF THE LICENSED PR EMISES.
(3) THE HOLDER OF A LICEN SE UNDER THIS SUBSECTION SHAL L, FOR
SECURITY PERSONNEL H IRED IN ACCORDANCE W ITH PARAGRAPH (2)(I) OF THIS
SUBSECTION:
(I) PROVIDE THE IDENTIFY ING INFORMATION , INCLUDING
NAME, BIRTHDATE, HOME ADDRESS , AND TELEPHONE NUMBER , OF SECURITY
PERSONNEL WHO ARE RE GULAR OR PART–TIME EMPLOYEES , INCLUDING
TEMPORARY EMPLOYEES DURING THE PRECEDING QUARTER, OF THE LICENSED
PREMISES TO THE BALTIMORE POLICE DEPARTMENT ON A QUART ERLY BASIS; AND
(II) ENSURE THAT A SECURI TY GUARD WHO WORKS F OR A
THIRD–PARTY SECURITY CONTR ACTOR CARRIES DOCUMENTATION SHOWING THEIR
SECURITY GUARD CERTI FICATION WITH THE MARYLAND STATE POLICE WHILE
THEY ARE WORKING .
(4) (I) THE HOLDER OF A LICEN SE UNDER THIS SUBSEC TION
SHALL SUBMIT AN UPDA TED SECURITY PLAN TO THE BOARD EACH YEAR WITH AN
APPLICATION FOR LICENSE RENEWAL UNDER § 12–1802 OF THIS TITLE.
(II) THE BOARD, IN CONSULTATION WITH THE BALTIMORE
POLICE DEPARTMENT , SHALL CONSIDER THE L ICENSE HOLDER ’S COMPLIANCE
WITH THE PREVIOUS YE AR’S SECURITY PLAN BEFO RE DETERMINING WHETH ER TO
APPROVE THE LI CENSE HOLDER ’S UPDATED SECURITY P LAN.
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(E) (1) THE HOLDER OF A LICEN SE DESCRIBED IN SUBS ECTION (B) OF
THIS SECTION THAT OP ERATES AN ESTABLISHM ENT BOUNDED IN THE A REA
DESCRIBED IN SUBSECT ION (C) OF THIS SECTION SHAL L MAINTAIN AND OPERA TE A
DIGITAL SURVEIL LANCE SYSTEM ON THE EXTERIOR OF THE LICE NSED PREMISES .
(2) THE DIGITAL SURVEILLA NCE SYSTEM UNDER PAR AGRAPH (1) OF
THIS SUBSECTION SHAL L:
(I) BE EQUIPPED WITH HIG H–DEFINITION CAMERAS T HAT
PROVIDE CONTINUOUS , 24–HOUR VIDEO MONITORIN G WITHOUT AUDIO RE CORDING
CAPACITY PLACED OUTS IDE THE LICENSED PRE MISES IN SUCH A WAY THAT THE
EXTERIOR OF EACH ENT RYWAY INTO AND EXIT AWAY FROM THE LICENS ED
PREMISES IS MONITORE D;
(II) RETAIN VIDEO RECORDE D FROM THE SURVEILLA NCE
SYSTEM FOR NOT LESS THAN 14 DAYS; AND
(III) BE REGISTERED WITH A ND ACCESSIBLE BY THE BALTIMORE
CITY INTELLIGENCE CENTER.
(3) THE LICENSE HOLDER SH ALL, ON REQUEST , PROVIDE A
RECORDING CREATED BY THE DIGITAL SURVEILL ANCE SYSTEM IN THIS SUBSECTION
TO THE BALTIMORE POLICE DEPARTMENT .
(F) THE BOARD, AFTER CONSULTATION W ITH THE BALTIMORE POLICE
DEPARTMENT , MAY AUTHORIZE AN EXE MPTION FROM THE PROV ISIONS OF
SUBSECTION (D) OF THIS SECTION FOR AN ESTABLISHMENT OPERAT ING UNDER A
CLASS A LICENSE.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:
The Charter of Baltimore City
Article II – General Powers
The Mayor and City Council of Baltimore shall have full power and authority to
exercise all of the powers heretofore or hereafter granted to it by the Constitution of
Maryland or by any Public General or Public Local Laws of the State of Maryland; and in
particular, without limitation upon the foregoing, shall have power by ordinance, or such
other method as may be provided for in its Charter, subject to the provisions of said
Constitution and Public General Laws:
(61) LAWRENCE J. HOGAN, JR., Governor Ch. 36
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(a) (1) To establish a Downtown Commercial District Management Authority
within the City of Baltimore to do any or all of the following: promote or market the district;
provide supplementary security and maintenance services; and provide amenities in public
areas.
(b) (1) AS PROVIDED BY ORDINA NCE, THE AUTHORITY SHALL ENTER
INTO A CONTRACT WITH THE BALTIMORE POLICE DEPARTMENT TO HIRE TW O
OFFICERS OF THE BALTIMORE POLICE DEPARTMENT TO EXCLUSI VELY PATROL THE
400 UNIT BLOCK OF BALTIMORE STREET AND THE UNIT B LOCK OF CUSTOM HOUSE
AVENUE BETWEEN THE HO URS OF 10 P.M. AND 3 A.M. ON THE THURSDAY, FRIDAY,
AND SATURDAY OF EACH WEEK .
(2) As provided by ordinance, the Authority may have the power:
[(1)] (I) to be a special tax district or special benefits assessment district
and to conduct the functions which are assigned to it by the City.
[(2)] (II) to acquire, hold and use property necessary to achieve its
purposes.
[(3)] (III) to make contracts; to sue and be sued.
[(4)] (IV) to accept grants.
[(5)] (V) to borrow for purposes consistent with the public purposes of the
Authority.
[(6)] (VI) to propose in its annual budget the taxes or charges on properties
within the district. No such amounts shall be levied against residential property with fewer
than four dwelling units. Property which is exempt under State law from ordinary property
taxes shall be exempt from assessments by the district. Before adopting its proposed budget
and before making its recommendation to the City, the Authority shall hold a public
hearing on taxes or charges proposed for the district. The Authority shall publish notice of
the hearing in a newspaper of general circulation in Baltimore City at least once a week for
three consecutive weeks before the hearing.
[(7)] (VII) to do all things necessary or convenient to carry out its powers.
[(8)] (VIII) to adopt, amend and modify by–laws, all of which shall be subject
to the approval of the Board of Estimates.
[(9)] (IX) to establish and elect officers and provide for their terms and
duties.
Ch. 36 2022 LAWS OF MARYLAND
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[(10)] (X) to contract for and purchase goods and services, not subject to
the City requirements regarding wage scales, competitive bidding or other local
procurement laws; however the Authority shall be subject to City ordinances and City
policy requiring achievement of goals regarding minority and women’s bus iness
enterprises.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety, has
been passed by a yea and nay vote supported by three–fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted shall take effect July 1, 2022. Section 2 of this Act shall remain effective for a period
of 5 years and, at the end of June 30, 2027, Section 2 of this Act, with no further action
required by the General Assembly, shall be abrogated and of no further force and effect.
Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.