EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*hb0784*
HOUSE BILL 784
A2 3lr1040
By: Prince George’s County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Prince George’s County – Alcoholic Beverages – Class B Beer, Wine, and Liquor 2
Licenses, Entertainment Permits, Inspections, and Penalties 3
PG 302–23 4
FOR the purpose of authorizing the holder of a Class B beer, wine, and liquor license in 5
Prince George’s County to serve beer, wine, and liquor by the glass or by the bottle 6
for on–premises consumption; authorizing the holder of a certain entertainment 7
permit to contract with one or more promoters to publicize, sell tickets for, organize, 8
operate, produce, or stage an event, which may include patron dancing and 9
entertainment; applying certain provisions relating to a certain entertainment 10
permit to contracted promoters; authorizing certain inspections of certain licensed 11
premises by or on behalf of the Board of License Commissioners for Prince George’s 12
County; limiting the number of certain inspections; requiring a certain inspector to 13
provide a report of an inspection to the license holder and the Board within a certain 14
time period; requiring the Board each year to publish a list containing the number 15
of inspections conducted of each licensed premises in the previous calendar year; 16
requiring the Board to publish and maintain a list of penalties for certain violations 17
of alcoholic beverages laws; and generally relating to alcoholic beverages in Prince 18
George’s County. 19
BY repealing and reenacting, without amendments, 20
Article – Alcoholic Beverages 21
Section 26–102 and 26–902(a) 22
Annotated Code of Maryland 23
(2016 Volume and 2022 Supplement) 24
BY repealing and reenacting, with amendments, 25
Article – Alcoholic Beverages 26
Section 26–902(c) and 26–1103 27
Annotated Code of Maryland 28 2 HOUSE BILL 784
(2016 Volume and 2022 Supplement) 1
BY adding to 2
Article – Alcoholic Beverages 3
Section 26–2606 and 26–2803 4
Annotated Code of Maryland 5
(2016 Volume and 2022 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Alcoholic Beverages 9
26–102. 10
This title applies only in Prince George’s County. 11
26–902. 12
(a) There is a Class B beer, wine, and liquor license. 13
(c) (1) The license authorizes the license holder, at a hotel or restaurant at 14
retail at the place described in the license, to sell beer, wine, and liquor: 15
(i) BY THE GLASS OR BY THE BOTT LE for on–premises 16
consumption; and 17
(ii) subject to paragraph (2) of this subsection, for off–premises 18
consumption only: 19
1. from the main bar; and 20
2. in the main portion of the dining room facilities. 21
(2) The off–sale privilege set out in paragraph (1)(ii) of this subsection is 22
limited to those license holders who had the privilege on July 1, 1970. 23
26–1103. 24
(a) This section does not apply to a license holder that seeks to provide 25
entertainment if: 26
(1) the license of the license holder is issued under § 26–1003, § 26–1006, § 27
26–1008, § 26–1009, § 26–1010, § 26–1011, § 26–1014, § 26–1015, § 26–1016, § 26–1018.1, 28
or § 26–1616(h) of this title; or 29
(2) the license is a veterans or fraternal Class C license and the license 30 HOUSE BILL 784 3
holder provides entertainment that: 1
(i) is under the direct supervision of the license holder; 2
(ii) is for adults, children, and families of the organization or the 3
public; and 4
(iii) when offered, ends not later than midnight. 5
(b) There is an entertainment permit. 6
(c) The Board may issue the permit to a holder of a Class B (on–sale) license in 7
accordance with this section. 8
(d) (1) (i) Subject to subparagraph (ii) of this paragraph, the permit 9
authorizes the permit holder to: 10
1. impose a cover charge, offer facilities for patron dancing, 11
and provide entertainment; OR 12
2. CONTRACT WITH ONE OR MORE PROMOTER S TO 13
PUBLICIZE, SELL TICKETS FOR , ORGANIZE, OPERATE, PRODUCE, OR STAGE AN 14
EVENT, WHICH MAY INCLUDE PA TRON DANCING AND ENTERTAINMENT . 15
(ii) The permit holder shall comply, AND ENSURE THAT ANY 16
CONTRACTED PROMOTER COMPLIES, with all requirements under county law, including 17
zoning and use and occupancy laws. 18
(2) The Board shall determine the number of days in a week that a permit 19
holder may exercise the privileges of the permit. 20
(3) The permit is in effect from 9 p.m. to 2 a.m. the following day. 21
(e) Before being issued the permit, an applicant shall: 22
(1) submit evidence to the satisfaction of the Board that: 23
(i) the applicant holds a Class B (on–sale) license; 24
(ii) there are no unpaid taxes due from the applicant to the State, 25
the county, or a municipal corporation; and 26
(iii) the applicant AND ANY CONTRACTED P ROMOTER meets all 27
other requirements for the permit; and 28
(2) (i) IN CONSULTATION WITH ANY CONTRACTED PROMO TER, 29 4 HOUSE BILL 784
develop a security plan to prevent the premises for which the permit is sought from posing 1
a threat to the peace and safety of the surrounding area; and 2
(ii) submit the plan for review to the Board and the Chief of the 3
County Police Department. 4
(f) (1) The Chief of the County Police Department may submit comments to 5
the Board on the adequacy of the security plan within 30 days after receipt of the security 6
plan. 7
(2) The Board shall consider the comments, if any, of the Chief of the 8
County Police Department and subsequently issue the permit, refuse to issue the permit, 9
or condition the issuance of the permit on changes to the security plan. 10
(3) If the Board issues the permit with a security plan that the Chief of the 11
County Police Department does not support, the Board shall specify in writing to the Chief 12
of the County Police Department the reasons why the Board has determined that the 13
security plan is adequate. 14
(g) (1) Before issuing the permit, the Board shall hold a public hearing in 15
accordance with the requirements for a public hearing on an application for a license under 16
§ 26–1511 of this title. 17
(2) At the public hearing, the Board shall give the applicant, supporters of 18
the applicant, and opponents of the applicant an opportunity to be heard. 19
(3) In making its determination whether to approve the application and 20
issue the permit, the Board shall consider whether: 21
(i) approval and issuance of the permit is necessary for the 22
accommodation of the public; 23
(ii) the applicant is a fit person to receive the permit; 24
(iii) the applicant has made a material false statement in the 25
application; 26
(iv) the applicant has committed any fraudulent act in connection 27
with the application; 28
(v) the operation of the business, if the permit is issued, will unduly 29
disturb the peace of the residents of the neighborhood where the place of business is located 30
or to be located; and 31
(vi) there are any other reasons that justify the disapproval of the 32
application or the refusal to issue the permit. 33
HOUSE BILL 784 5
(4) The Board shall hold a similar public hearing on receipt of a petition to: 1
(i) revoke the permit; or 2
(ii) protest the renewal of the permit. 3
(h) The permit holder AND ANY CONTRACTED P ROMOTER: 4
(1) shall implement and follow the approved security plan described under 5
subsection (e)(2) of this section at all times when the permit holder exercises the privileges 6
of the permit; 7
(2) when the privileges authorized by the permit are being exercised, may 8
not allow an individual who is under the age of 21 years on the premises for which the 9
permit is issued unless the individual is employed by or is an immediate family member of 10
the permit holder; and 11
(3) may employ sworn security personnel as part of the security plan 12
described under subsection (e)(2) of this section if the sworn security personnel have full 13
police powers in the jurisdiction where the premises of the permit holder is located. 14
(i) The Board at any time may prohibit, condition, or restrict the type of 15
entertainment offered by a permit holder, including lewd, exotic, loud, or raucous 16
entertainment, if after a hearing the Board determines that the entertainment: 17
(1) adversely impacts or unduly disturbs the community; and 18
(2) is not conducive to the peace, health, welfare, or safety of the residents 19
of the county. 20
(j) (1) Subject to paragraph (2) of this subsection, the Board may immediately 21
suspend the permit if the Board reasonably believes that the permit holder OR A 22
CONTRACTED PROMOTER : 23
(i) violated this section; or 24
(ii) is not in compliance with a county zoning property standard or 25
use and occupancy requirement. 26
(2) If the Board immediately suspends a permit, the Board shall: 27
(i) give the permit holder notice of the suspension and a hearing on 28
the suspension at which the permit holder may be heard and present evidence; and 29
(ii) hold the hearing within 30 days after the suspension is imposed. 30
(k) (1) At the hearing, the Board shall determine: 31 6 HOUSE BILL 784
(i) whether the permit holder violated this section or other law; and 1
(ii) if a violation occurred, what penalty to impose among those listed 2
in paragraphs (2) and (3) of this subsection. 3
(2) Subject to paragraph (3) of this subsection, if the Board finds that a 4
person has violated this section or any other law, the Board: 5
(i) may revoke or continue the suspension of the permit; and 6
(ii) shall impose on the person a penalty of: 7
1. for a first offense, at least $1,000 but not more than 8
$12,500; and 9
2. for each subsequent offense, at least $5,000. 10
(3) The Board: 11
(i) shall revoke the permit of a person who the Board determines 12
violated this section or any other law twice in 24 months; and 13
(ii) may not consider an application from the person for a new permit 14
or an application for a new permit for the premises that was the subject of the revocation 15
until at least 12 months after the order of revocation is issued. 16
(4) If the Board determines that the permit holder did not violate this 17
section, the Board shall immediately reinstate the permit. 18
(l) (1) The circuit court may issue a temporary restraining order to 19
immediately close to the public the entire operation of the premises if the county establishes 20
that: 21
(i) the security plan described under subsection (e)(2) of this section 22
has not been implemented; and 23
(ii) the public health, safety, or welfare requires emergency action. 24
(2) On issuance of a temporary restraining order under paragraph (1) of 25
this subsection, the county shall give the permit holder written notice of and reasons for 26
the closure. 27
(3) The permit holder promptly shall be given an opportunity for a hearing 28
in circuit court on the granting of the temporary restraining order in accordance with Title 29
15, Chapter 500 of the Maryland Rules. 30
HOUSE BILL 784 7
(m) The Board shall adopt regulations to carry out this section. 1
(n) The annual fee for the permit is $1,500, which is in addition to the annual fee 2
for the Class B license. 3
26–2606. 4
(A) (1) THIS SECTION APPLIES ONLY TO INSP ECTIONS PERFORMED BY OR 5
ON BEHALF OF THE BOARD. 6
(2) UNLESS THE INSPECTION IS PERFORMED ON BEHA LF OF THE 7
BOARD AND DOES NOT RE LATE TO HEALTH AND S AFETY, THIS SECTION DOES NOT 8
APPLY TO INSPECTIONS CONDUCTED BY ONE OR MORE OF THE FOLLO WING 9
PERSONS: 10
(I) A POLICE DEPARTMENT ; 11
(II) A FIRE DEPARTMENT OR FIRE INSPECTOR; OR 12
(III) A HEALTH DEPARTMENT . 13
(B) AN INSPECTION OF A LI CENSED PREMISES MAY BE CONDUCTED WITH 14
OR WITHOUT PRIOR NOT ICE IN ORDER TO: 15
(1) PROVIDE ASSISTANCE T O THE BOARD IN ANY MATTER 16
PERTAINING TO ALCOHO LIC BEVERAGES ; 17
(2) CONDUCT BACKGROUND I NVESTIGATIONS AND CRIMINAL 18
HISTORY RECORDS CHECKS ON ALL LICENS E APPLICANTS; 19
(3) MAKE ROUTINE INSPECT IONS OF LICENSED EST ABLISHMENTS IN 20
THE COUNTY TO ENSURE THAT THEY ARE IN COMPLIANCE WI TH ALL APPROPRIATE 21
STATE LAWS, LOCAL LAWS, RESTRICTIONS , AND BOARD RULES AND REGUL ATIONS; 22
(4) COORDINATE INFORMATI ON WITH OTHER APPROP RIATE 23
REGULATORY AGENCIES ; 24
(5) TAKE APPROPRIATE ACT ION ON ANY WRITTEN R EPORT OF 25
VIOLATIONS FORWARDED BY A UNIFORMED OFFIC ER OF A MUNICIPAL OR COUNTY 26
POLICE DEPARTMENT , THE MARYLAND–NATIONAL CAPITAL PARK POLICE, OR THE 27
STATE POLICE; 28
(6) INVESTIGATE COMPLAIN TS MADE AGAINST A LI CENSED 29
ESTABLISHMENT ; OR 30 8 HOUSE BILL 784
(7) INITIATE COVERT INSP ECTIONS AND INVESTIG ATIONS OF 1
LICENSED ESTABLISHME NTS THAT MAY BE NECE SSARY TO ENSURE COMP LIANCE OR 2
TO PROVE OR DISPROVE ALLEGED VIO LATIONS. 3
(C) EXCEPT FOR AN INSPECT ION CONDUCTED IN RES PONSE TO A 4
COMPLAINT, THE BOARD MAY NOT CONDUCT AN INSPECTION OF A L ICENSED 5
PREMISES MORE THAN T WO TIMES IN A CALEND AR MONTH WITHOUT THE PRIOR 6
CONSENT OF THE LICEN SE HOLDER. 7
(D) EXCEPT FOR INSPECTION S CONDUCTED IN ACCORDANCE WITH 8
SUBSECTION (B)(7) OF THIS SECTION , WITHIN 2 BUSINESS DAYS AFTER AN 9
INSPECTION UNDER THI S SECTION, THE INSPECTOR SHALL PROVIDE TO THE 10
LICENSE HOLDER AND T HE BOARD A REPORT OF THE INSPECTION. 11
(E) ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL PUBLISH 12
ON THE BOARD’S WEBSITE A LIST OF THE TOTAL NUMBER OF INSPECTIONS 13
CONDUCTED OF EACH LI CENSED PREMISES BY T HE BOARD IN THE PRIOR CA LENDAR 14
YEAR. 15
26–2803. 16
THE BOARD SHALL PUBLISH AND MAINTAIN ON ITS WEBSITE A LIST O F 17
PENALTIES FOR VIOLAT IONS OF THIS TITLE. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2023. 20