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.
Italics indicate opposite chamber/conference committee amendments.
*sb0771*
SENATE BILL 771
A2 EMERGENCY BILL (2lr2445)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Economic Matters —
Introduced by Senator Ferguson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Baltimore City – 46th District – Alcoholic Beverages Licenses – Licenses and 2
Outdoor Table Service Privileges 3
FOR the purpose of altering certain hours of sale, certain square footage requirements, and 4
a certain license fee for the holder of a public market license in the 46th alcoholic 5
beverages district in Baltimore City; authorizing the Board of License Commissioners 6
for Baltimore City to waive certain distance restrictions for an application for the 7
transfer of a license into a certain area; repealing a provision of law authorizing the 8
Board to issue not more than a certain number of Class B licenses in a certain area 9
in the 46th alcoholic beverages district; extending for a certain number of years 10
amount of time the expiration date of a dates of certain Class B beer and wine license 11
licenses issued for a certain premises located in a certain area areas; prohibiting the 12
Board from charging a holder of an alcoholic beverages license a certain fee if the 13
holder holds a Temporary Outdoor Seating Permit issued by the Mayor and City 14
Council of Baltimore City; authorizing the Board to grant certain ancillary license 15 2 SENATE BILL 771
privileges to a holder of an alcoholic beverages license and to alter certain notice 1
requirements under certain circumstances; and generally relating to alcoholic 2
beverages licenses in Baltimore City. 3
BY repealing and reenacting, without amendments, 4
Article – Alcoholic Beverages 5
Section 12–102 and, 12–1002.1(a) and (e), and 12–1604(a) 6
Annotated Code of Maryland 7
(2016 Volume and 2021 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Alcoholic Beverages 10
Section 12–1002.1(g) 12–1002.1(d), (g), and (h), 12–1604(h), 12–1605(a), and 12–2204 11
Annotated Code of Maryland 12
(2016 Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Alcoholic Beverages 16
12–102. 17
This title applies only in Baltimore City. 18
12–1002.1. 19
(a) There is a public market license. 20
(d) (1) The license authorizes the license holder to sell, for on– or off–premises 21
consumption: 22
(i) beer; 23
(ii) wine; and 24
(iii) liquor, when served as an ingredient in mixed drinks that may 25
be purchased for at least $5 each. 26
(2) (i) Subject to subparagraph (ii) of this paragraph and subsection 27
(e)(6) of this section, the license holder may designate vendors within the public market to 28
sell alcoholic beverages that are allowed under paragraph (1) of this subsection in leasable 29
market space covering not more than [20%] 25% of the total square footage of floor space 30
of the licensed premises. 31
SENATE BILL 771 3
(ii) Except as provided in subsection (e)(3) of this section, an 1
individual vendor may sell alcoholic beverages in an area covering not more than 1,000 2
square feet of floor space. 3
(3) (i) The license holder shall submit to the Board the same 4
information about each vendor that the Board requires of an applicant for a license. 5
(ii) The Board shall apply to the Central Repository for a State and 6
national criminal history records check for each vendor authorized to sell alcoholic 7
beverages. 8
(iii) A vendor authorized to sell alcoholic beverages or an individual 9
who is designated by the vendor and employed in a supervisory capacity is required to be: 10
1. certified by an approved alcohol awareness program; and 11
2. present when alcoholic beverages are consumed. 12
(4) (i) Subject to subparagraph (ii) of this paragraph, monthly receipts 13
from the sale of nonalcoholic beverage items shall be at least 65% of the total monthly 14
receipts of the market. 15
(ii) The only nonalcoholic beverage items that may be counted in the 16
calculation required under subparagraph (i) of this paragraph are items sold in the public 17
market that are not provided as part of an off–premises catering service. 18
(e) (1) The license holder may designate a vendor to sell alcoholic beverages 19
allowed under subsection (d)(1) of this section for on–premises consumption at a restaurant 20
in the premises formerly occupied by an establishment for which a Class D (7–day) beer 21
and wine license was issued. 22
(2) The restaurant shall have average daily receipts from the sale of food 23
that are at least 65% of the total daily receipts of the restaurant. 24
(3) The vendor designated for the restaurant may sell alcoholic beverages 25
in an area exceeding 1,000 square feet of floor space. 26
(4) The hours of sale for alcoholic beverages at the restaurant are from 9 27
a.m. to 1 a.m. the following day, Monday through Sunday. 28
(5) The privilege to sell alcoholic beverages at the restaurant may not be 29
transferred to another location. 30
(6) The premises of the restaurant do not count toward the limit on the 31
total square footage of floor space in which alcoholic beverages may be sold in the public 32
market under subsection (d)(2)(i) of this section. 33
4 SENATE BILL 771
(g) Except as provided under subsection (e)(4) of this section, the hours of sale of 1
alcoholic beverages for on–premises consumption are: 2
(1) from 11:30 a.m. to [10 p.m.] 11 P.M. Monday through Thursday; 3
(2) from 11:30 a.m. to [11:30 p.m.] MIDNIGHT on Friday; 4
(3) from 9 a.m. to [11:30 p.m.] MIDNIGHT on Saturday; and 5
(4) from 9 a.m. to [9 p.m.] 11 P.M. on Sunday. 6
(h) The annual license fee is: 7
(1) subject to item (2) of this subsection, [$7,500] $6,000; or 8
(2) $3,500, if the applicant for the license obtains and extinguishes one 9
Class A, Class B, Class D, or Class B–D–7 license issued for use in ward 23, precinct 1 of 10
the 46th alcoholic beverages district. 11
12–1604. 12
(a) This section applies only to the 46th alcoholic beverages district, which at all 13
times is coterminous with the 46th legislative district in the Legislative Districting Plan of 14
2012. 15
(h) (1) Except as provided in paragraphs (2) and (3) of this subsection, the 16
Board may not issue a license for: 17
(i) ward 1, precincts 4 and 5; 18
(ii) ward 23, precinct 1; or 19
(iii) ward 24, precinct 5. 20
[(2) The Board may issue not more than two Class B beer, wine, and liquor 21
licenses, so that the cumulative number of licenses issued or transferred is two, into the area 22
of 829 through 919 E. Fort Avenue only if the Board: 23
(i) has executed a memorandum of understanding between the 24
community associations in Riverside and Locust Point regarding the nature of the 25
establishment; and 26
(ii) enforces the memorandum of understanding against any license 27
holder that obtains a license under this paragraph and seeks to renew or transfer the 28
license.] 29
SENATE BILL 771 5
[(3)] (2) (i) The Board may issue not more than a combined total of five 1
Class B beer, wine, and liquor licenses for use by establishments on the north side of the 900 2
block of East Fort Avenue and on the west side of the 1400 block of Lawrence Street. 3
(ii) A license issued for an establishment in these areas may not be 4
transferred to another establishment. 5
[(4)] (3) The Board may issue not more than one Class B –HM 6
(hotel–motel) beer, wine, and liquor license to a hotel in the 1200 block of East Fort Avenue. 7
12–1605. 8
(a) (1) (i) Except as otherwise provided in this subsection, a new license 9
may not be issued for and an existing license may not be moved to a building that is within 10
300 feet of the nearest point of the building of a place of worship or school. 11
(ii) In the 45th legislative district, a new Class A license of any type 12
may not be issued for a building that is within 500 feet of the nearest point of the building 13
of a place of worship or school. 14
(2) Paragraph (1)(i) of this subsection does not apply to: 15
(i) a Class B beer and wine license outside the 46th legislative 16
district; 17
(ii) a Class B beer, wine, and liquor license outside the 46th 18
legislative district; 19
(iii) a Class B–D–7 license in the Old Goucher Revitalization District 20
under § 12–1603(e) of this subtitle; 21
(iv) a Class C beer and wine license; and 22
(v) a Class C beer, wine, and liquor license. 23
(3) A license for use in a building that is within 300 feet of the grounds of 24
a place of worship or school may be renewed or extended for the same building. 25
(4) (i) This paragraph applies only to an area bounded by: 26
1. High Street on the west, Pratt Street on the north, Central 27
Avenue on the east, and Eastern Avenue on the south; 28
2. West Cross Street and Amity Street on the west, Clifford 29
Street on the north, Scott Street on the east, and Carroll Street on the south; [or] 30
6 SENATE BILL 771
3. Holliday Street on the west, Saratoga Street on the north, 1
Gay Street on the east, and Lexington Street on the south; OR 2
4. SUBJECT TO SUBPARAGR APH (III) OF THIS 3
PARAGRAPH , FAGLEY STREET ON THE WEST , GOUGH STREET ON THE NORTH , 4
GRUNDY STREET ON THE EAST , AND CHESTLE PLACE ON THE SOUTH . 5
(ii) The Board may waive the distance restrictions in paragraph 6
(1)(i) of this subsection for an application for the transfer of a license into an area specified 7
in subparagraph (i) of this paragraph if: 8
1. the application is approved by: 9
A. each community association representing the area; 10
B. each business association in the area; and 11
C. the ordained leader and the board or council for each place 12
of worship that is within 300 feet of the proposed location of the establishment for which 13
the license transfer is sought; and 14
2. a memorandum of understanding is executed by the 15
applicant for the license transfer and each community association in the area. 16
(III) THE BOARD MAY NOT ISSUE A LICENSE IN OR APPROV E THE 17
TRANSFER OF A LICENS E INTO THE AREA SPEC IFIED IN SUBPARAGRAP H (I)4 OF THIS 18
PARAGRAPH IF : 19
1. THE PROPOSED LOCATIO N OF THE ESTABLISHME NT 20
IS IN AN AREA THAT IS ZONED “RESIDENTIAL”; OR 21
2. THE LICENSE TO BE IS SUED OR TRANSFERRED IS A 22
CLASS A LICENSE OF ANY TYPE . 23
12–2204. 24
Unless transferred to another location, a Class B (7–day) beer and wine license 25
issued for a premises located in an area surrounded by Charles Street on the west, East 26
Cross Street on the north, Light Street on the east, and East Cross Street on the south, in 27
ward 23, precinct 1 of the 46th alcoholic beverages district, expires not later than July 1, 28
[2022] 2024. 29
SECTION 2. AND BE IT FURTHER ENACTED, That a Class B –D–7 license issued 30
for a premises in the 1171–1173 block of Hamburg Street shall be considered unexpired 31
until the end of July 1, 2023, for the purposes of being transferred to another owner at the 32
same location, notwithstanding § 12–1705 of the Alcoholic Beverages Article. 33 SENATE BILL 771 7
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
July 1, 2022. 2
SECTION 3. AND BE IT FURTHER ENACTED, That: 3
(a) Except as provided in subsection (b)(3) of this section, the Board of License 4
Commissioners for Baltimore City may not charge a fee to a holder of an alcoholic beverages 5
license issued by the Board if: 6
(1) the holder of the alcoholic beverages license also holds an unexpired 7
Temporary Outdoor Seating Permit issued by the Mayor and City Council of Baltimore City; 8
and 9
(2) the fee is imposed for the ancillary privilege of providing outdoor table 10
or cafe service in conjunction with the Temporary Outdoor Seating Permit. 11
(b) (1) On application, the Board of License Commissioners for Baltimore City 12
may consider the request of a holder of an alcoholic beverages license who also holds an 13
unexpired Temporary Outdoor Seating Permit issued by the Mayor and City Council of 14
Baltimore City to permanently add to the holder’s license the ancillary privilege of providing 15
outdoor table or cafe service. 16
(2) The Board may: 17
(i) satisfy the notice requirement under § 12–1506(a) of the Alcoholic 18
Beverages Article by publishing the entire list of applications received under paragraph (1) 19
of this subsection as a single consolidated list in two newspapers of general circulation in 20
Baltimore City; and 21
(ii) waive the requirement under § 12–1506(b) of the Alcoholic 22
Beverages Article to post a notice at the location described in the application. 23
(3) If, in accordance with this subsection, the Board adds to a license 24
holder’s license the ancillary privilege of providing outdoor table or cafe service, the fee 25
prohibition under subsection (a) of this section does not apply. 26
(4) The Board shall adopt regulations to carry out the provisions of this 27
subsection. 28
SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency 29
measure, is necessary for the immediate preservation of the public health or safety, has been 30
passed by a yea and nay vote supported by three–fifths of all the members elected to each of 31
the two Houses of the General Assembly, and shall take effect from the date it is enacted. 32
Section 2 of this Act shall remain effective through June 30, 2023, and, at the end of June 33
30, 2023, Section 2 of this Act, with no further action required by the General Assembly, 34
shall be abrogated and of no further force and effect. 35 8 SENATE BILL 771
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.