LAWRENCE J. HOGAN, JR., Governor Ch. 375
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Chapter 375
(Senate Bill 757)
AN ACT concerning
Baltimore City – Alcoholic Beverages – 40th Alcoholic Beverages District
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to
issue certain licenses in certain areas of the 40th alcoholic beverages district in
Baltimore City under certain circumstances; prohibiting certain license holders in
certain areas of the 40th alcoholic beverages district from selling alcoholic beverages
at certain times of the day; and generally relating to alcoholic beverages in Baltimore
City.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 12–102 and 12–1603(a) and (b)
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 12–1002.1, 12–1603(c) and 12–2005(d)
Annotated Code of Maryland
(2016 Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages
12–102.
This title applies only in Baltimore City.
12–1002.1.
(a) There is a public market license.
(b) The Board may issue the license only to an operator of an enclosed public
market that:
(1) has a capital investment of at least $5,000,000; and
(2) is located in an area surrounded by:
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(I) Charles Street on the west, East Cross Street on the north, Light
Street on the east, and East Cross Street on the south, in ward 23, precinct 1 of the 46th
alcoholic beverages district; OR
(II) NORTH PACA STREET ON THE WEST , WEST SARATOGA
STREET ON THE NORTH , NORTH EUTAW STREET ON THE EAST , AND WEST FAYETTE
STREET ON THE SOUTH , IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT.
(c) Ownership of the license is transferable only to the Baltimore Public Markets
Corporation.
(d) (1) The license authorizes the license holder to sell, for on– or off–premises
consumption:
(i) beer;
(ii) wine; and
(iii) liquor, when served as an ingredient in mixed drinks that may
be purchased for at least $5 each.
(2) (i) Subject to subparagraph (ii) of this paragraph and subsection
(e)(6) of this section, the license holder may designate vendors within the public market to
sell alcoholic beverages that are allowed under paragraph (1) of this subsection in leasable
market space covering not more than 20% of the total square footage of floor space of the
licensed premises.
(ii) Except as provided in subsection (e)(3) of this section, an
individual vendor may sell alcoholic beverages in an area covering not more than 1,000
square feet of floor space.
(3) (i) The license holder shall submit to the Board the same
information about each vendor that the Board requires of an applicant for a license.
(ii) The Board shall apply to the Central Repository for a State and
national criminal history records check for each vendor authorized to sell alcoholic
beverages.
(iii) A vendor authorized to sell alcoholic beverages or an individual
who is designated by the vendor and employed in a supervisory capacity is required to be:
1. certified by an approved alcohol awareness program; and
2. present when alcoholic beverages are consumed.
LAWRENCE J. HOGAN, JR., Governor Ch. 375
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(4) (i) Subject to subparagraph (ii) of this paragraph, monthly receipts
from the sale of nonalcoholic beverage items shall be at least 65% of the total monthly
receipts of the market.
(ii) The only nonalcoholic beverage items that may be counted in the
calculation required under subparagraph (i) of this paragraph are items sold in the public
market that are not provided as part of an off–premises catering service.
(e) (1) The license holder may designate a vendor to sell alcoholic beverages
allowed under subsection (d)(1) of this section for on–premises consumption at a restaurant
in the premises formerly occupied by an establishment for which a Class D (7–day) beer
and wine license was issued.
(2) The restaurant shall have average daily receipts from the sale of food
that are at least 65% of the total daily receipts of the restaurant.
(3) The vendor designated for the restaurant may sell alcoholic beverages
in an area exceeding 1,000 square feet of floor space.
(4) The hours of sale for alcoholic beverages at the restaurant are from 9
a.m. to 1 a.m. the following day, Monday through Sunday.
(5) The privilege to sell alcoholic beverages at the restaurant may not be
transferred to another location.
(6) The premises of the restaurant do not count toward the limit on the
total square footage of floor space in which alcoholic beverages may be sold in the public
market under subsection (d)(2)(i) of this section.
(f) A license holder or vendor may not:
(1) participate in or publicize, in or outside the public market, a pub crawl
authorized under § 12–1101.1 of this title; or
(2) except for an event closed to the public, including a rehearsal dinner,
wedding reception, corporate function, or retirement party, allow an open bar to be operated
by a vendor.
(g) Except as provided under subsection (e)(4) of this section, the hours of sale of
alcoholic beverages for on–premises consumption are:
(1) from 11:30 a.m. to 10 p.m. Monday through Thursday;
(2) from 11:30 a.m. to 11:30 p.m. on Friday;
(3) from 9 a.m. to 11:30 p.m. on Saturday; and Ch. 375 2022 LAWS OF MARYLAND
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(4) from 9 a.m. to 9 p.m. on Sunday.
(h) The annual license fee is:
(1) subject to item (2) of this subsection, $7,500; or
(2) $3,500, if the applicant for the license obtains and extinguishes one
Class A, Class B, Class D, or Class B–D–7 license issued for use in ward 23, precinct 1 of
the 46th alcoholic beverages district.
(i) The Board shall adopt regulations to carry out this section, including
regulations concerning the following activities in a public market:
(1) the conduct of vendors;
(2) the conduct of license holders within the public market;
(3) the holding of events that are closed to the public; and
(4) the maintaining of a common seating area.
12–1603.
(a) The alcoholic beverages districts described in this section at all times are
coterminous with the legislative districts in the Legislative Districting Plan of 2012.
(b) Except as provided in subsection (c) of this section, the Board may not issue a
new license in:
(1) the 40th alcoholic beverages district;
(2) the 41st alcoholic beverages district;
(3) the 43rd alcoholic beverages district;
(4) the 44th alcoholic beverages district; and
(5) the 45th alcoholic beverages district.
(c) The Board may issue:
(1) in the alcoholic beverages districts specified in subsection (b) of this
section:
(i) a 1–day license; or LAWRENCE J. HOGAN, JR., Governor Ch. 375
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(ii) a Class B beer, wine, and liquor license to a restaurant that:
1. has a minimum capital investment, not including the cost
of land and buildings, of $200,000 for restaurant facilities; and
2. has a minimum seating capacity of 75 individuals;
(2) a Class C beer, wine, and liquor license in the 45th alcoholic beverages
district;
(3) a Class C beer, wine, and liquor license in ward 5, precinct 1 of the 44th
alcoholic beverages district;
(4) a Class C beer, wine, and liquor license in the 200 block of West
Saratoga Street in ward 4, precinct 3 of the 40th alcoholic beverages district;
(5) If the applicant executes a memorandum of understanding with the
Charles North Community Association, a Class C beer, wine, and liquor license to a club in
the area bounded by North Charles Street on the west, East Lafayette Avenue on the north,
North Lovegrove Street on the east, and East Lanvale Street on the south in the 45th
alcoholic beverages district;
(6) a Class B–D–7 license in the unit block of West North Avenue in the
45th alcoholic beverages district;
(7) two Class B–D–7 licenses in the 2100 block of North Charles Street in
the 43rd alcoholic beverages district;
(8) two Class B–D–7 licenses in the 2100 block of Maryland Avenue in the
43rd alcoholic beverages district;
(9) subject to the requirements under subsection (e) of this section, four
Class B–D–7 licenses in the 43rd alcoholic beverages district;
(10) a Class B–D–7 license in the 5400 block of Harford Road in the 45th
alcoholic beverages district if:
(i) average daily receipts from the sale of food are at least 65% of
the applicant’s total daily receipts;
(ii) the applicant executes a memorandum of understanding with a
community association;
(iii) the applicant does not create a separate package goods
department; Ch. 375 2022 LAWS OF MARYLAND
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(iv) alcoholic beverages are served to patrons seated at tables; and
(v) alcoholic beverages are served only with meals to patrons
provided with outdoor table service;
(11) a Class B–D–7 license in the 4800 block of Harford Road in the 45th
alcoholic beverages district if:
(i) average daily receipts from the sale of food are at least 65% of
the applicant’s total daily receipts;
(ii) the applicant executes a memorandum of understanding with a
community association;
(iii) the applicant does not create a separate package goods
department;
(iv) alcoholic beverages are served to patrons seated at tables; and
(v) alcoholic beverages are served only with meals to patrons
provided with outdoor table service;
(12) a Class B–D–7 license on the eastern side of the 400 block of North
Howard Street in the 40th alcoholic beverages district if:
(i) the applicant does not convert the license to a different license
class;
(ii) alcoholic beverages are served outdoors only to patrons seated at
tables or standing in a courtyard area;
(iii) the applicant does not allow the off–premises sale of alcoholic
beverages;
(iv) alcoholic beverages sales begin no earlier than 10 a.m.; and
(v) the applicant executes memorandums of understanding with the
Downtown Partnership of Baltimore and the Market Center Merchants Association; [and]
(13) if the applicant executes a memorandum of understanding with the
Bolton Hill Community Association, a Class C beer, wine, and liquor license in the 1200
block of Eutaw Place in the 40th alcoholic beverages district;
(14) A CLASS B–D–7 LICENSE IN THE 700 BLOCK OF WASHINGTON
BOULEVARD IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT IF: LAWRENCE J. HOGAN, JR., Governor Ch. 375
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(I) AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD ARE AT
LEAST 65% OF THE APPLICANT ’S TOTAL DAILY RECEIPTS;
(II) THE APPLICANT EXECUT ES A MEMORANDUM OF
UNDERSTANDING WITH A COMMUNITY ASSOCIATIO N;
(III) THE APPLICANT DOES N OT CREATE A SEPARATE PACKAGE
GOODS DEPARTMENT ;
(IV) ALCOHOLIC BEVERAGES ARE SERVED TO PATRON S SEATED
AT TABLES; AND
(V) ALCOHOLIC BEVERAGES ARE SERVED ONLY WITH MEALS TO
PATRONS PROVIDED WIT H OUTDOOR TABLE SERV ICE; AND
(15) A CLASS B–D–7 LICENSE IN THE 300 BLOCK OF NORTH CHARLES
STREET IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT TO AN ES TABLISHMENT
THAT HAS A MINIMUM C APITAL INVESTMENT , NOT INCLUDING THE CO ST OF LAND
AND BUILDINGS , OF $50,000 FOR THE ESTABLISHMEN T’S FACILITIES.
12–2005.
(d) (1) This subsection does not apply to:
(i) a Class B beer and light wine (restaurant) license;
(ii) a Class B beer, wine, and liquor (restaurant) license issued under
§ 12–1603(c)(1)(ii) of this title;
(iii) a Class B–BWL (H–M) license;
(iv) a Class C beer and wine license;
(v) a Class C beer, wine, and liquor license;
(vi) an arena license; or
(vii) a marketplace license.
(2) For a license holder in the 40th alcoholic beverages district, the hours
of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.:
(I) within an area bounded [as follows]:
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[(i)] 1. from the intersection of Reisterstown Road and Quantico
Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast
on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the
intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall
Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east
on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney
Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the
intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with
Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road,
southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on
Quantico Avenue to the intersection with Reisterstown Road; AND
[(ii) from the intersection of North Monroe Street and Westwood
Avenue, north on North Monroe Street to the intersection with West North Avenue, east
on West North Avenue to the intersection with Whitelock Street, northeast on Whitelock
Street to the intersection with McCulloh Street, southeast on McCulloh Street to the
intersection with Gold Street, southwest on Gold Street to the intersection with North
Calhoun Street, northwest on North Calhoun Street to the intersection with Westwood
Avenue, and west on Westwood Avenue to the intersection with North Monroe Street; and
(iii)] 2. from the intersection of Millington Avenue with Wilkens
Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue,
northeast on Frederick Avenue to the intersection with West Pratt Street, east on West
Pratt Street to the intersection with South Mount Street, south on South Mount Street to
the intersection with Eagle Street, southwest on Eagle Street to the intersection with South
Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens
Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue;
(II) WITHIN THE AREA OF WEST NORTH AVENUE BETWEEN THE
1300 BLOCK OF WEST NORTH AVENUE AND THE 3200 BLOCK OF WEST NORTH
AVENUE, INCLUSIVE; AND
(III) FOR A LICENSE HOLDER WITHIN 250 YARDS IN ANY
DIRECTION OF THE ARE A DESCRIBED IN ITEM (II) OF THIS PARAGRAPH .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
SECTION 2. 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.
Approved by the Governor, May 16, 2022.