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.
*sb0771*
SENATE BILL 771
A2 2lr2445
CF HB 1115
By: Senator Ferguson
Introduced and read first time: February 7, 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 – 46th District – Alcoholic Beverages Licenses 2
FOR the purpose of altering certain hours of sale, certain square footage requirements, and 3
a certain license fee for the holder of a public market license in the 46th alcoholic 4
beverages district in Baltimore City; authorizing the Board to waive certain distance 5
restrictions for an application for the transfer of a license into a certain area; 6
extending for a certain number of years amount of time the expiration date of a dates 7
of certain Class B beer and wine license licenses issued for a certain premises located 8
in a certain area areas; and generally relating to alcoholic beverages licenses in 9
Baltimore City. 10
BY repealing and reenacting, without amendments, 11
Article – Alcoholic Beverages 12
Section 12–102 and 12–1002.1(a) and (e) 13
Annotated Code of Maryland 14
(2016 Volume and 2021 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Alcoholic Beverages 17
Section 12–1002.1(g) 12–1002.1(d), (g), and (h), 12–1605(a), and 12–2204 18
Annotated Code of Maryland 19
(2016 Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22 2 SENATE BILL 771
Article – Alcoholic Beverages 1
12–102. 2
This title applies only in Baltimore City. 3
12–1002.1. 4
(a) There is a public market license. 5
(d) (1) The license authorizes the license holder to sell, for on– or off–premises 6
consumption: 7
(i) beer; 8
(ii) wine; and 9
(iii) liquor, when served as an ingredient in mixed drinks that may 10
be purchased for at least $5 each. 11
(2) (i) Subject to subparagraph (ii) of this paragraph and subsection 12
(e)(6) of this section, the license holder may designate vendors within the public market to 13
sell alcoholic beverages that are allowed under paragraph (1) of this subsection in leasable 14
market space covering not more than [20%] 25% of the total square footage of floor space 15
of the licensed premises. 16
(ii) Except as provided in subsection (e)(3) of this section, an 17
individual vendor may sell alcoholic beverages in an area covering not more than 1,000 18
square feet of floor space. 19
(3) (i) The license holder shall submit to the Board the same 20
information about each vendor that the Board requires of an applicant for a license. 21
(ii) The Board shall apply to the Central Repository for a State and 22
national criminal history records check for each vendor authorized to sell alcoholic 23
beverages. 24
(iii) A vendor authorized to sell alcoholic beverages or an individual 25
who is designated by the vendor and employed in a supervisory capacity is required to be: 26
1. certified by an approved alcohol awareness program; and 27
2. present when alcoholic beverages are consumed. 28
SENATE BILL 771 3
(4) (i) Subject to subparagraph (ii) of this paragraph, monthly receipts 1
from the sale of nonalcoholic beverage items shall be at least 65% of the total monthly 2
receipts of the market. 3
(ii) The only nonalcoholic beverage items that may be counted in the 4
calculation required under subparagraph (i) of this paragraph are items sold in the public 5
market that are not provided as part of an off–premises catering service. 6
(e) (1) The license holder may designate a vendor to sell alcoholic beverages 7
allowed under subsection (d)(1) of this section for on–premises consumption at a restaurant 8
in the premises formerly occupied by an establishment for which a Class D (7–day) beer 9
and wine license was issued. 10
(2) The restaurant shall have average daily receipts from the sale of food 11
that are at least 65% of the total daily receipts of the restaurant. 12
(3) The vendor designated for the restaurant may sell alcoholic beverages 13
in an area exceeding 1,000 square feet of floor space. 14
(4) The hours of sale for alcoholic beverages at the restaurant are from 9 15
a.m. to 1 a.m. the following day, Monday through Sunday. 16
(5) The privilege to sell alcoholic beverages at the restaurant may not be 17
transferred to another location. 18
(6) The premises of the restaurant do not count toward the limit on the 19
total square footage of floor space in which alcoholic beverages may be sold in the public 20
market under subsection (d)(2)(i) of this section. 21
(g) Except as provided under subsection (e)(4) of this section, the hours of sale of 22
alcoholic beverages for on–premises consumption are: 23
(1) from 11:30 a.m. to [10 p.m.] 11 P.M. Monday through Thursday; 24
(2) from 11:30 a.m. to [11:30 p.m.] MIDNIGHT on Friday; 25
(3) from 9 a.m. to [11:30 p.m.] MIDNIGHT on Saturday; and 26
(4) from 9 a.m. to [9 p.m.] 11 P.M. on Sunday. 27
(h) The annual license fee is: 28
(1) subject to item (2) of this subsection, [$7,500] $6,000; or 29
(2) $3,500, if the applicant for the license obtains and extinguishes one 30
Class A, Class B, Class D, or Class B–D–7 license issued for use in ward 23, precinct 1 of 31
the 46th alcoholic beverages district. 32 4 SENATE BILL 771
12–1605. 1
(a) (1) (i) Except as otherwise provided in this subsection, a new license 2
may not be issued for and an existing license may not be moved to a building that is within 3
300 feet of the nearest point of the building of a place of worship or school. 4
(ii) In the 45th legislative district, a new Class A license of any type 5
may not be issued for a building that is within 500 feet of the nearest point of the building 6
of a place of worship or school. 7
(2) Paragraph (1)(i) of this subsection does not apply to: 8
(i) a Class B beer and wine license outside the 46th legislative 9
district; 10
(ii) a Class B beer, wine, and liquor license outside the 46th 11
legislative district; 12
(iii) a Class B–D–7 license in the Old Goucher Revitalization District 13
under § 12–1603(e) of this subtitle; 14
(iv) a Class C beer and wine license; and 15
(v) a Class C beer, wine, and liquor license. 16
(3) A license for use in a building that is within 300 feet of the grounds of 17
a place of worship or school may be renewed or extended for the same building. 18
(4) (i) This paragraph applies only to an area bounded by: 19
1. High Street on the west, Pratt Street on the north, Central 20
Avenue on the east, and Eastern Avenue on the south; 21
2. West Cross Street and Amity Street on the west, Clifford 22
Street on the north, Scott Street on the east, and Carroll Street on the south; [or] 23
3. Holliday Street on the west, Saratoga Street on the north, 24
Gay Street on the east, and Lexington Street on the south; OR 25
4. SUBJECT TO SUBPARAGR APH (III) OF THIS 26
PARAGRAPH , FAGLEY STREET ON THE WEST , GOUGH STREET ON THE NORTH , 27
GRUNDY STREET ON THE EAST , AND CHESTLE PLACE ON THE SOUTH . 28
(ii) The Board may waive the distance restrictions in paragraph 29
(1)(i) of this subsection for an application for the transfer of a license into an area specified 30
in subparagraph (i) of this paragraph if: 31 SENATE BILL 771 5
1. the application is approved by: 1
A. each community association representing the area; 2
B. each business association in the area; and 3
C. the ordained leader and the board or council for each place 4
of worship that is within 300 feet of the proposed location of the establishment for which 5
the license transfer is sought; and 6
2. a memorandum of understanding is executed by the 7
applicant for the license transfer and each community association in the area. 8
(III) THE BOARD MAY NOT ISSUE A LICENSE IN OR APPROV E THE 9
TRANSFER OF A LICENS E INTO THE AREA SPEC IFIED IN SUBPARAGRAP H (I)4 OF THIS 10
PARAGRAPH IF: 11
1. THE PROPOSED LOCATIO N OF THE ESTABLISHME NT 12
IS IN AN AREA THAT IS ZONED “RESIDENTIAL”; OR 13
2. THE LICENSE TO BE IS SUED OR TRANSFERRED IS A 14
CLASS A LICENSE OF ANY TYPE . 15
12–2204. 16
Unless transferred to another location, a Class B (7–day) beer and wine license 17
issued for a premises located in an area surrounded by Charles Street on the west, East 18
Cross Street on the north, Light Street on the east, and East Cross Street on the south, in 19
ward 23, precinct 1 of the 46th alcoholic beverages district, expires not later than July 1, 20
[2022] 2024. 21
SECTION 2. AND BE IT FURTHER ENACTED, That a Class B –D–7 license issued 22
for a premises in the 1171–1173 block of Hamburg Street shall be considered unexpired 23
until the end of July 1, 2023, for the purposes of being transferred to another owner at the 24
same location, notwithstanding § 12–1705 of the Alcoholic Beverages Article. 25
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
July 1, 2022. 27