Maryland 2022 Regular Session

Maryland Senate Bill SB618 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0618*
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77 SENATE BILL 618
88 A2 2lr1825
99 CF 2lr3122
1010 By: Senator McCray
1111 Introduced and read first time: February 2, 2022
1212 Assigned to: Education, Health, and Environmental Affairs
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Baltimore City – Alcoholic Beverages – Sales in Grocery Stores and 2
1919 Supermarkets – Referendum 3
2020
2121 FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 4
2222 issue a Class A beer and light wine license to a grocery store, chain store, 5
2323 supermarket, or discount house; submitting this Act to a referendum of the qualified 6
2424 voters of Baltimore City; and generally relating to alcoholic beverages in Baltimore 7
2525 City. 8
2626
2727 BY repealing and reenacting, without amendments, 9
2828 Article – Alcoholic Beverages 10
2929 Section 12–102 11
3030 Annotated Code of Maryland 12
3131 (2016 Volume and 2021 Supplement) 13
3232
3333 BY repealing and reenacting, with amendments, 14
3434 Article – Alcoholic Beverages 15
3535 Section 12–801, 12–1501, and 12–2003(a) 16
3636 Annotated Code of Maryland 17
3737 (2016 Volume and 2021 Supplement) 18
3838
3939 BY adding to 19
4040 Article – Alcoholic Beverages 20
4141 Section 12–1510 21
4242 Annotated Code of Maryland 22
4343 (2016 Volume and 2021 Supplement) 23
4444
4545 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
4646 That the Laws of Maryland read as follows: 25
4747
4848 Article – Alcoholic Beverages 26 2 SENATE BILL 618
4949
5050
5151
5252 12–102. 1
5353
5454 This title applies only in Baltimore City. 2
5555
5656 12–801. 3
5757
5858 (a) There is a Class A beer and light wine license. 4
5959
6060 (b) THE LICENSE MAY BE IS SUED TO A GROCERY STORE , CHAIN STORE, 5
6161 SUPERMARKET , OR DISCOUNT HOUSE . 6
6262
6363 (C) (1) The license authorizes the license holder to sell beer and light wine, at 7
6464 retail, at the place described in the license. 8
6565
6666 (2) The license holder shall sell the beer and light wine in a sealed package 9
6767 or container. 10
6868
6969 (3) The package or container may not be opened and its contents may not 11
7070 be consumed on the premises where the beer or light wine is sold. 12
7171
7272 [(c)] (D) The annual license fee is $110. 13
7373
7474 12–1501. 14
7575
7676 (a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 15
7777 Licenses”) of Division I of this article apply in the City without exception or variation: 16
7878
7979 (1) [§ 4–205 (“Chain store, supermarket, or discount house”); 17
8080
8181 (2)] § 4–206 (“Limitations on retail sales floor space”); 18
8282
8383 [(3)] (2) § 4–207 (“Licenses issued to minors”); 19
8484
8585 [(4)] (3) § 4–209 (“Hearing”); 20
8686
8787 [(5)] (4) § 4–210 (“Approval or denial of license application”); 21
8888
8989 [(6)] (5) § 4–211 (“License forms; effective date; expiration”); 22
9090
9191 [(7)] (6) § 4–212 (“License not property”); and 23
9292
9393 [(8)] (7) § 4–213 (“Replacement licenses”). 24
9494 SENATE BILL 618 3
9595
9696
9797 (b) THE FOLLOWING SECTION S OF TITLE 4, SUBTITLE 2 (“ISSUANCE OR 1
9898 DENIAL OF LOCAL LICENSES”) OF DIVISION I OF THIS ARTICLE DO N OT APPLY IN 2
9999 THE CITY: 3
100100
101101 (1) § 4–205 (“CHAIN STORE, SUPERMARKET , OR DISCOUNT HOUSE ”) 4
102102 AND IS SUPERSEDED BY § 12–1510 OF THIS SUBTITLE ; AND 5
103103
104104 (2) [Section] § 4–214 (“Waiting periods after denial of license applications”) 6
105105 [of Division I of this article does not apply in the City] and is superseded by § 12–1507 of 7
106106 this subtitle. 8
107107
108108 (c) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 9
109109 Licenses”) of Division I of this article apply in the City: 10
110110
111111 (1) § 4–202 (“Authority of local licensing boards”), subject to §§ 12–1502 11
112112 and 12–1503 of this subtitle; 12
113113
114114 (2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 13
115115 for use of entity”), subject to §§ 12–1504 and 12–1505 of this subtitle and Subtitle 13, Part 14
116116 III and Subtitle 16, Part II of this title; 15
117117
118118 (3) § 4–204 (“Prohibition against issuing multiple licenses for same 16
119119 premises”), subject to § 12–1505 of this subtitle and Subtitle 13, Part III of this title; and 17
120120
121121 (4) § 4–208 (“Notice of license application required”), subject to § 12–1506 18
122122 of this subtitle. 19
123123
124124 12–1510. 20
125125
126126 AS PROVIDED IN § 12–801 OF THIS TITLE, THE BOARD MAY ISSUE A CLASS A 21
127127 BEER AND LIGHT WINE LICENSE TO A GROCERY STORE, CHAIN STORE , 22
128128 SUPERMARKET , OR DISCOUNT HOUSE . 23
129129
130130 12–2003. 24
131131
132132 (a) (1) (I) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION 25
133133 AND § 12–2005 of this subtitle, a holder of a Class A beer and light wine license may sell 26
134134 beer and light wine: 27
135135
136136 [(i)] 1. on Monday through Saturday: 28
137137
138138 [1.] A. from 9 a.m. to 10 p.m. in the area specified in the 29
139139 Park Heights Master Plan adopted by the City in 2006; and 30
140140
141141 [2.] B. from 6 a.m. to midnight in all other locations in the 31
142142 City; and 32 4 SENATE BILL 618
143143
144144
145145
146146 [(ii)] 2. On the Sundays that fall between Thanksgiving Day and 1
147147 New Year’s Day, from 1 p.m. to 9 p.m., if, on or before September 30 of that year, the license 2
148148 holder has paid a supplementary license fee of $75 for each Sunday the privilege is to be 3
149149 exercised. 4
150150
151151 [(2)] (II) In addition to the privileges specified under paragraph [(1)(ii)] 5
152152 (1)(I)2 of this subsection, the license holder may sell beer and light wine for off–premises 6
153153 consumption on two additional Sundays during the calendar year if the holder pays a 7
154154 license fee of $75 at least 2 weeks before each time the privilege is exercised. 8
155155
156156 (2) (I) A HOLDER OF A CLASS A BEER AND LIGHT WINE LICENSE 9
157157 ISSUED TO A GROCERY STORE , CHAIN STORE, SUPERMARKET , OR DISCOUNT HOUSE 10
158158 MAY SELL BEER AND LI GHT WINE ON MONDAY THROUGH SUNDAY FROM 10 A.M. TO 11
159159 MIDNIGHT. 12
160160
161161 (II) IF THE LICENSE HOLDER IS OPEN ANYTIME OUTSIDE THE 13
162162 HOURS OF SALE AUTHORIZED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE 14
163163 LICENSE HOLDER SHALL KEEP ALL ALCOHOLIC B EVERAGES ON THE PREM ISES THAT 15
164164 ARE STORED IN AREAS OPEN TO THE PUBLIC I N A SEPARATE BEVERAG E 16
165165 DEPARTMENT THAT IS S ECURELY CLOSED AND L OCKED FROM MIDNIGHT TO 10 A.M. 17
166166
167167 SECTION 2. AND BE IT FURTHER ENACTED, That before this Act becomes 18
168168 effective, it first shall be submitted to a referendum of the qualified voters of Baltimore City 19
169169 at the general election to be held in November 2022. The Mayor, City Council, and 20
170170 Baltimore City Board of Elections shall do those things necessary and proper to provide for 21
171171 and hold the referendum required by this section. If a majority of the votes cast on the 22
172172 question are “For the referred law” this Act shall become effective on the 30th day following 23
173173 the official canvass of votes for the referendum, but if a majority of the votes cast on the 24
174174 question are “Against the referred law” this Act, with no further action required by the 25
175175 General Assembly, shall be null and void. 26
176176
177177 SECTION 3. AND BE IT FURTHER ENACTED, That, subject to the provisions of 27
178178 Section 2 of this Act and for the sole purpose of providing for the referendum required by 28
179179 Section 2 of this Act, this Act shall take effect July 1, 2022. 29