WES MOORE, Governor Ch. 89
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Chapter 89
(House Bill 277)
AN ACT concerning
Montgomery County – Alcoholic Beverages – Holders of Class B–BWL
(Clubhouse/Lodge) License and Class 7 Micro–Brewery License
MC 16–23
FOR the purpose of providing that the restriction on holding or having a financial interest
in other retail alcoholic beverages licenses for holders of a Class 7 micro–brewery
license does not apply to a holder of a Class B–BWL (clubhouse/lodge) license in
Montgomery County who is issued a Class 7 micro–brewery license; and generally
relating to alcoholic beverages in Montgomery County.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 2–216(e)(2), 25–102, and 25–1003
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 25–401 and 25–405
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages
2–216.
(e) (2) A holder of a Class 6 pub–brewery license or a Class 7 micro–brewery
license may hold or have a financial interest in one retail license that does not apply to
premises to which a Class 6 pub–brewery license or Class 7 micro–brewery license applies.
25–102.
This title applies only in Montgomery County.
25–401.
Ch. 89 2023 LAWS OF MARYLAND
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(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of
Division I of this article apply in the county without exception or variation:
(1) § 2–201 (“Issuance by Comptroller”);
(2) § 2–202 (“Class 1 distillery license”);
(3) § 2–204 (“Class 2 rectifying license”);
(4) § 2–207 (“Class 5 brewery license”);
(5) § 2–210 (“Class 8 farm brewery license”);
(6) § 2–211 (“Residency requirement”);
(7) § 2–212 (“Additional licenses”);
(8) § 2–213 (“Additional fees”);
(9) § 2–214 (“Sale or delivery restricted”);
(10) [§ 2–216 (“Interaction between manufacturing entities and retailers”);
(11)] § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”);
and
[(12)] (11) § 2–218 (“Restrictive agreements between producers and
retailers — Prohibited”).
(b) Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of
this article does not apply in the county.
(c) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of
Division I of this article apply in the county:
(1) § 2–203 (“Class 9 limited distillery license”), subject to § 25–406 of this
subtitle;
(2) § 2–205 (“Class 3 winery license”), subject to § 25–403 of this subtitle;
(3) § 2–206 (“Class 4 limited winery license”), subject to § 25–407 of this
subtitle;
(4) § 2–208 (“Class 6 pub–brewery license”), subject to § 25–404 of this
subtitle; [and]
WES MOORE, Governor Ch. 89
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(5) § 2–209 (“Class 7 micro–brewery license”), subject to § 25–405 of this
subtitle; AND
(6) § 2–216 (“INTERACTION BETWEEN M ANUFACTURING ENTITIE S
AND RETAILERS ”), SUBJECT TO § 25–405 OF THIS SUBTITLE .
25–405.
(a) This section applies to a Class 7 micro–brewery (on– and off–sale) license in
the county.
(b) The license may be issued to the holder of:
(1) a Class B beer, wine, and liquor (on–sale) license that is issued for use
on the premises of a restaurant located in the county;
(2) subject to subsection (c) of this section, a Class D beer and wine license
that is issued for the sale of beer and wine, at retail, at the place described in the license,
for on– and off–premises consumption;
(3) a Class H beer and wine license that is issued for the sale of beer and
wine at a hotel or restaurant, at retail, at the place described in the license, for on–premises
consumption;
(4) a Class BD–BWL license that is issued for the sale of beer and wine for
on– and off–premises consumption, and liquor for on–premises consumption, at the place
described in the license;
(5) a Class B–BWL (clubhouse/lodge) license that is issued for the sale of
beer and wine for on– and off–premises consumption, and liquor for on–premises
consumption, at the place described in the license; or
(6) a Class D beer, wine, and liquor license that is issued for the sale of
beer, wine, and liquor for on–premises consumption, at the place described in the license.
(c) The Commission may not issue more than an aggregate amount of two Class
7 micro–brewery licenses to holders of Class D beer and wine licenses in the Town of
Kensington.
(d) A holder of the license shall enter into a written agreement with the Alcohol
Beverage Services for the sale and resale of malt beverages brewed under the license.
(e) (1) Subject to paragraphs (2), (3), and (4) of this subsection, the holder of a
Class 7 micro–brewery license may:
Ch. 89 2023 LAWS OF MARYLAND
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(i) brew in two locations using the same Class 7 micro–brewery
license; and
(ii) obtain a Class 2 rectifying license for the premises at the two
locations authorized under item (i) of this paragraph.
(2) The holder of a Class 7 micro–brewery license may brew in two locations
using the same Class 7 micro–brewery license if the license holder:
(i) requests permission by submitting a written application to the
Commission; and
(ii) obtains written approval from the Commission.
(3) Before authorizing a holder of a Class 7 micro–brewery license to brew
in two locations using the same Class 7 micro–brewery license, the Commission shall:
(i) make a determination that a second location to brew additional
capacity is necessary due to insufficient space at the existing Class 7 license location; and
(ii) consider any other factor relevant to approval of the application.
(4) Notwithstanding any other provision of this article, a holder of a Class
7 micro–brewery license may not serve or sell malt beverages for on– or off–premises
consumption at the second brewing location authorized under this subsection.
(F) A HOLDER OF A CLASS B–BWL (CLUBHOUSE /LODGE) LICENSE THAT IS
ISSUED A CLASS 7 MICRO–BREWERY LICENSE IS NOT SUBJECT TO TH E LICENSURE
RESTRICTION ON HOLDERS OF CLASS 7 MICRO–BREWERY LICENSES SET FORTH
UNDER § 2–216(E)(2) OF THIS ARTICLE.
25–1003.
(a) There is a Class B–BWL (clubhouse/lodge) license.
(b) The Board may issue a Class B –BWL (clubhouse/lodge) license to the
Executive Director of the Montgomery County Revenue Authority or the designee of the
Executive Director, for use by a multiuse facility that accommodates a golf course, a
restaurant, a clubhouse, a tasting bar, and the catering of events anywhere on the property.
(c) The license authorizes the license holder to:
(1) sell beer and wine for off–premises consumption;
(2) sell beer, wine, and liquor for on–premises consumption; and
WES MOORE, Governor Ch. 89
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(3) offer samples of alcoholic beverages at no charge or for a fee.
(d) The restrictions contained in § 25–902(b) of this title do not apply to the
issuance of a Class B–BWL (clubhouse/lodge) license.
(e) The license holder may also hold:
(1) a Class 4 limited winery license in accordance with § 25–407 of this
title; and
(2) a Class 7 micro–brewery license in accordance with § 25–405 of this
title.
(f) The annual license fee is $1,000.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, April 11, 2023.