Maryland 2023 Regular Session

Maryland House Bill HB1014 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1014
6	6
7	7	HOUSE BILL 1014
8	8	A2 3lr2513
9	9
10	10	By: Prince George’s County Delegation
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Prince George’s County – Alcoholic Beverages Licenses – Prohibition on 2
19	19	Transfer of Class A Beer, Wine, and Liquor License 3
20	20
21	21	PG 307–23 4
22	22
23	23	FOR the purpose of prohibiting the Board of License Commissioners for Prince George’s 5
24	24	County from approving the transfer or sale of a Class A beer, wine, and liquor license; 6
25	25	requiring a certain license holder to return a certain license to the Board if the license 7
26	26	expires or the license holder no longer wishes to hold the license; prohibiting the 8
27	27	Board from reissuing a Class A beer, wine, and liquor license under certain 9
28	28	circumstances; and generally relating to alcoholic beverages in Prince George’s 10
29	29	County. 11
30	30
31	31	BY repealing and reenacting, without amendments, 12
32	32	Article – Alcoholic Beverages 13
33	33	Section 26–102 14
34	34	Annotated Code of Maryland 15
35	35	(2016 Volume and 2022 Supplement) 16
36	36
37	37	BY repealing and reenacting, with amendments, 17
38	38	Article – Alcoholic Beverages 18
39	39	Section 26–901 and 26–1702 19
40	40	Annotated Code of Maryland 20
41	41	(2016 Volume and 2022 Supplement) 21
42	42
43	43	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
44	44	That the Laws of Maryland read as follows: 23
45	45
46	46	Article – Alcoholic Beverages 24
47	47
48	48	26–102. 25 2 HOUSE BILL 1014
49	49
50	50
51	51
52	52	This title applies only in Prince George’s County. 1
53	53
54	54	26–901. 2
55	55
56	56	(a) There is a Class A beer, wine, and liquor license. 3
57	57
58	58	(b) (1) The license authorizes the license holder to sell beer, wine, and liquor 4
59	59	at retail at the place described in the license. 5
60	60
61	61	(2) The license holder shall sell the beer, wine, or liquor in a sealed package 6
62	62	or container that may not be opened or its contents consumed on the licensed premises. 7
63	63
64	64	(c) A license under this section may not be issued for a drugstore unless the 8
65	65	applicant: 9
66	66
67	67	(1) has been doing business at the location applied for in the license for at 10
68	68	least 1 year before the date of the application for the license; 11
69	69
70	70	(2) is the assignee of a business established for at least 1 year before the 12
71	71	date of the application for the license at the location applied for; or 13
72	72
73	73	(3) has been engaged in the retail drug business for at least 3 years. 14
74	74
75	75	(D) (1) A LICENSE ISSUED UNDER THIS SECTION MAY NOT BE 15
76	76	TRANSFERRED OR SOLD TO ANOTHER PERSON OR LOCATION . 16
77	77
78	78	(2) IF A LICENSE ISSUED U NDER THIS SECTION EX PIRES OR THE 17
79	79	LICENSE HOLDER NO LO NGER WISHES TO HOLD THE LICENSE, THE LICENSE HOLDER 18
80	80	SHALL RETURN THE LIC ENSE TO THE BOARD. 19
81	81
82	82	(3) THE BOARD MAY NOT REISSUE A LICENSE THAT HAS B EEN 20
83	83	RETURNED TO THE BOARD IN ACCORDANCE W ITH THIS SUBSECTION . 21
84	84
85	85	[(d)] (E) The annual license fee is $910. 22
86	86
87	87	26–1702. 23
88	88
89	89	(a) The Board may not approve the transfer of a license from one location to 24
90	90	another: 25
91	91
92	92	(1) except as provided in subsection (b) of this section, for at least 2 years 26
93	93	after the issuance of a new license; and 27
94	94
95	95	(2) unless the Board determines that: 28
96	96	HOUSE BILL 1014 3
97	97
98	98
99	99	(i) the transfer to the new location is necessary to accommodate the 1
100	100	public; and 2
101	101
102	102	(ii) the transferee has complied with the residency requirements 3
103	103	specified in § 26–1406(c) of this title. 4
104	104
105	105	(b) Subject to the approval of the Board, a receiver or trustee may transfer 5
106	106	ownership and location of a license for the benefit of creditors of a license holder within 6 6
107	107	months after: 7
108	108
109	109	(1) appointment as the receiver or trustee; or 8
110	110
111	111	(2) the death of the license holder. 9
112	112
113	113	(c) (1) The Board may approve a transfer of location or ownership within 2 10
114	114	years after a transfer of location has been authorized. 11
115	115
116	116	(2) This paragraph does not prohibit a transfer of ownership for 12
117	117	continuance of a business in the same location, unless there has been a transfer of location 13
118	118	for the license within 2 years. 14
119	119
120	120	(d) A transfer of a license in accordance with a security agreement is subject to 15
121	121	approval by the Board like any other license transfer, except that the written consent and 16
122	122	cooperation of the existing license holder is not required. 17
123	123
124	124	(e) (1) In addition to any other notice required under this article, the Board 18
125	125	shall provide notice of the time, date, and location of a hearing, as soon as practicable after 19
126	126	a hearing for a license transfer is scheduled, to all municipalities, civic associations, 20
127	127	homeowners’ associations, and condominium associations that: 21
128	128
129	129	(i) are within 1 mile of the location of the proposed place of business 22
130	130	of the applicant; and 23
131	131
132	132	(ii) request to receive notice of hearings by signing up on a registry 24
133	133	on the Board’s Web site. 25
134	134
135	135	(2) A municipality, civic association, homeowners’ association, or 26
136	136	condominium association that requests to receive notice of hearings under paragraph (1)(ii) 27
137	137	of this subsection may elect to receive written or electronic notice. 28
138	138
139	139	(F) THE BOARD MAY NOT APPROVE THE TRANSFER OR SALE OF A CLASS A 29
140	140	BEER, WINE, AND LIQUOR LICENSE . 30
141	141
142	142	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
143	143	1, 2023. 32