Maryland 2022 Regular Session

Maryland Senate Bill SB618 Latest Draft

Bill / Introduced Version Filed 02/02/2022

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0618*  
  
SENATE BILL 618 
A2   	2lr1825 
    	CF 2lr3122 
By: Senator McCray 
Introduced and read first time: February 2, 2022 
Assigned to: Education, Health, and Environmental Affairs 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Baltimore City – Alcoholic Beverages – Sales in Grocery Stores and 2 
Supermarkets – Referendum 3 
 
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 4 
issue a Class A beer and light wine license to a grocery store, chain store, 5 
supermarket, or discount house; submitting this Act to a referendum of the qualified 6 
voters of Baltimore City; and generally relating to alcoholic beverages in Baltimore 7 
City. 8 
 
BY repealing and reenacting, without amendments, 9 
 Article – Alcoholic Beverages 10 
Section 12–102 11 
 Annotated Code of Maryland 12 
 (2016 Volume and 2021 Supplement) 13 
 
BY repealing and reenacting, with amendments, 14 
 Article – Alcoholic Beverages 15 
Section 12–801, 12–1501, and 12–2003(a) 16 
 Annotated Code of Maryland 17 
 (2016 Volume and 2021 Supplement) 18 
 
BY adding to 19 
 Article – Alcoholic Beverages 20 
 Section 12–1510 21 
 Annotated Code of Maryland 22 
 (2016 Volume and 2021 Supplement) 23 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 
That the Laws of Maryland read as follows: 25 
 
Article – Alcoholic Beverages 26  2 	SENATE BILL 618  
 
 
 
12–102.  1 
 
 This title applies only in Baltimore City. 2 
 
12–801. 3 
 
 (a) There is a Class A beer and light wine license. 4 
 
 (b) THE LICENSE MAY BE IS SUED TO A GROCERY STORE , CHAIN STORE, 5 
SUPERMARKET , OR DISCOUNT HOUSE . 6 
 
 (C) (1) The license authorizes the license holder to sell beer and light wine, at 7 
retail, at the place described in the license. 8 
 
 (2) The license holder shall sell the beer and light wine in a sealed package 9 
or container. 10 
 
 (3) The package or container may not be opened and its contents may not 11 
be consumed on the premises where the beer or light wine is sold. 12 
 
 [(c)] (D) The annual license fee is $110. 13 
 
12–1501. 14 
 
 (a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 15 
Licenses”) of Division I of this article apply in the City without exception or variation: 16 
 
 (1) [§ 4–205 (“Chain store, supermarket, or discount house”); 17 
 
 (2)] § 4–206 (“Limitations on retail sales floor space”); 18 
 
 [(3)] (2) § 4–207 (“Licenses issued to minors”); 19 
 
 [(4)] (3) § 4–209 (“Hearing”); 20 
 
 [(5)] (4) § 4–210 (“Approval or denial of license application”); 21 
 
 [(6)] (5) § 4–211 (“License forms; effective date; expiration”); 22 
 
 [(7)] (6) § 4–212 (“License not property”); and 23 
 
 [(8)] (7) § 4–213 (“Replacement licenses”). 24 
   	SENATE BILL 618 	3 
 
 
 (b) THE FOLLOWING SECTION S OF TITLE 4, SUBTITLE 2 (“ISSUANCE OR 1 
DENIAL OF LOCAL LICENSES”) OF DIVISION I OF THIS ARTICLE DO N OT APPLY IN 2 
THE CITY: 3 
 
 (1) § 4–205 (“CHAIN STORE, SUPERMARKET , OR DISCOUNT HOUSE ”) 4 
AND IS SUPERSEDED BY § 12–1510 OF THIS SUBTITLE ; AND 5 
 
 (2) [Section] § 4–214 (“Waiting periods after denial of license applications”) 6 
[of Division I of this article does not apply in the City] and is superseded by § 12–1507 of 7 
this subtitle. 8 
 
 (c) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 9 
Licenses”) of Division I of this article apply in the City: 10 
 
 (1) § 4–202 (“Authority of local licensing boards”), subject to §§ 12–1502 11 
and 12–1503 of this subtitle; 12 
 
 (2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 13 
for use of entity”), subject to §§ 12–1504 and 12–1505 of this subtitle and Subtitle 13, Part 14 
III and Subtitle 16, Part II of this title; 15 
 
 (3) § 4–204 (“Prohibition against issuing multiple licenses for same 16 
premises”), subject to § 12–1505 of this subtitle and Subtitle 13, Part III of this title; and 17 
 
 (4) § 4–208 (“Notice of license application required”), subject to § 12–1506 18 
of this subtitle. 19 
 
12–1510. 20 
 
 AS PROVIDED IN § 12–801 OF THIS TITLE, THE BOARD MAY ISSUE A CLASS A 21 
BEER AND LIGHT WINE LICENSE TO A GROCERY STORE, CHAIN STORE , 22 
SUPERMARKET , OR DISCOUNT HOUSE . 23 
 
12–2003. 24 
 
 (a) (1) (I) Except as provided in PARAGRAPH (2) OF THIS SUBSECTION 25 
AND § 12–2005 of this subtitle, a holder of a Class A beer and light wine license may sell 26 
beer and light wine: 27 
 
 [(i)] 1. on Monday through Saturday: 28 
 
 [1.] A. from 9 a.m. to 10 p.m. in the area specified in the 29 
Park Heights Master Plan adopted by the City in 2006; and 30 
 
 [2.] B. from 6 a.m. to midnight in all other locations in the 31 
City; and 32  4 	SENATE BILL 618  
 
 
 
 [(ii)] 2. On the Sundays that fall between Thanksgiving Day and 1 
New Year’s Day, from 1 p.m. to 9 p.m., if, on or before September 30 of that year, the license 2 
holder has paid a supplementary license fee of $75 for each Sunday the privilege is to be 3 
exercised. 4 
 
 [(2)] (II) In addition to the privileges specified under paragraph [(1)(ii)] 5 
(1)(I)2 of this subsection, the license holder may sell beer and light wine for off–premises 6 
consumption on two additional Sundays during the calendar year if the holder pays a 7 
license fee of $75 at least 2 weeks before each time the privilege is exercised. 8 
 
 (2) (I) A HOLDER OF A CLASS A BEER AND LIGHT WINE LICENSE 9 
ISSUED TO A GROCERY STORE , CHAIN STORE, SUPERMARKET , OR DISCOUNT HOUSE 10 
MAY SELL BEER AND LI GHT WINE ON MONDAY THROUGH SUNDAY FROM 10 A.M. TO 11 
MIDNIGHT. 12 
 
 (II) IF THE LICENSE HOLDER IS OPEN ANYTIME OUTSIDE THE 13 
HOURS OF SALE AUTHORIZED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE 14 
LICENSE HOLDER SHALL KEEP ALL ALCOHOLIC B EVERAGES ON THE PREM ISES THAT 15 
ARE STORED IN AREAS OPEN TO THE PUBLIC I N A SEPARATE BEVERAG E 16 
DEPARTMENT THAT IS S ECURELY CLOSED AND L OCKED FROM MIDNIGHT TO 10 A.M. 17 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That before this Act becomes 18 
effective, it first shall be submitted to a referendum of the qualified voters of Baltimore City 19 
at the general election to be held in November 2022. The Mayor, City Council, and 20 
Baltimore City Board of Elections shall do those things necessary and proper to provide for 21 
and hold the referendum required by this section. If a majority of the votes cast on the 22 
question are “For the referred law” this Act shall become effective on the 30th day following 23 
the official canvass of votes for the referendum, but if a majority of the votes cast on the 24 
question are “Against the referred law” this Act, with no further action required by the 25 
General Assembly, shall be null and void. 26 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That, subject to the provisions of 27 
Section 2 of this Act and for the sole purpose of providing for the referendum required by 28 
Section 2 of this Act, this Act shall take effect July 1, 2022. 29