Maryland 2023 Regular Session

Maryland House Bill HB784 Compare Versions

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1- WES MOORE, Governor Ch. 607
21
3-– 1 –
4-Chapter 607
5-(House Bill 784)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0784*
810
9-Prince George’s County – Alcoholic Beverages – Class B and Class C Beer, Wine,
10-and Liquor Licenses, Entertainment Permits, Inspections, and Penalties, and
11-Workgroup
11+HOUSE BILL 784
12+A2 (3lr1040)
13+ENROLLED BILL
14+— Economic Matters/Finance —
15+Introduced by Prince George’s County Delegation
1216
13-PG 302–23
17+Read and Examined by Proofreaders:
1418
15-FOR the purpose of authorizing the holder of a Class B beer, wine, and liquor license, a
16-Class C (fraternal/sororal/service organization) beer, wine, and liquor license, and
17-a Class C (veterans’ organization or club) beer, wine, and liquor license in Prince
18-George’s County to serve beer, wine, and liquor by the glass or by the bottle for
19-on–premises consumption; authorizing the holder of a certain entertainment permit
20-to contract with one or more promoters to publicize, sell tickets for, organize, operate,
21-produce, or stage an event, which may include patron dancing and entertainment;
22-applying certain provisions relating to a certain entertainment permit to contracted
23-promoters; authorizing certain inspections of certain licensed premises by or on
24-behalf of the Board of License Commissioners for Prince George’s County; limiting
25-the number of certain inspections; requiring a certain inspector to provide a report
26-of an inspection to the license holder and the Board within a certain time period;
27-requiring the Board each year to publish a list containing the number of inspections
28-conducted of each licensed premises in the previous calendar year; requiring the
29-Board to establish a certain fine structure and to publish and maintain a list of
30-penalties certain penalties and fines information for certain violations of alcoholic
31-beverages laws; establishing the Workgroup to Study Best Practices for Safe Event
32-Promotion and the Leveraging of Alcoholic Beverages Licenses in Prince George’s
33-County; and generally relating to alcoholic beverages in Prince George’s County and
34-the Workgroup to Study Best Practices for Safe Event Promotion and the Leveraging
35-of Alcoholic Beverages Licenses in Prince George’s County.
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3623
37-BY repealing and reenacting, without amendments,
38- Article – Alcoholic Beverages
39-Section 26–102 and, 26–902(a), 26–1011(a), and 26–1017(a)
40- Annotated Code of Maryland
41- (2016 Volume and 2022 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4225
43-BY repealing and reenacting, with amendments,
44- Article – Alcoholic Beverages
45-Section 26–902(c), 26–1011(c), and 26–1017(c) and 26–1103
46- Annotated Code of Maryland
47- (2016 Volume and 2022 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
4827
49-BY adding to Ch. 607 2023 LAWS OF MARYLAND
28+______________________________________________
29+Speaker.
5030
51-– 2 –
52- Article – Alcoholic Beverages
53-Section 26–2606 and 26–2803
54- Annotated Code of Maryland
55- (2016 Volume and 2022 Supplement)
31+CHAPTER ______
5632
57- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
58-That the Laws of Maryland read as follows:
33+AN ACT concerning 1
5934
60-Article – Alcoholic Beverages
35+Prince George’s County – Alcoholic Beverages – Class B and Class C Beer, Wine, 2
36+and Liquor Licenses, Entertainment Permits, Inspections, and Penalties, and 3
37+Workgroup 4
6138
62-26102.
39+PG 30223 5
6340
64- This title applies only in Prince George’s County.
41+FOR the purpose of authorizing the holder of a Class B beer, wine, and liquor license, a 6
42+Class C (fraternal/sororal/service organization) beer, wine, and liquor license, and 7
43+a Class C (veterans’ organization or club) beer, wine, and liquor license in Prince 8
44+George’s County to serve beer, wine, and liquor by the glass or by the bottle for 9
45+on–premises consumption; authorizing the holder of a certain entertainment permit 10
46+to contract with one or more promoters to publicize, sell tickets for, organize, operate, 11
47+produce, or stage an event, which may include patron dancing and entertainment; 12
48+applying certain provisions relating to a certain entertainment permit to contracted 13
49+promoters; authorizing certain inspections of certain licensed premises by or on 14 2 HOUSE BILL 784
6550
66-26–902.
6751
68- (a) There is a Class B beer, wine, and liquor license.
52+behalf of the Board of License Commissioners for Prince George’s County; limiting 1
53+the number of certain inspections; requiring a certain inspector to provide a report 2
54+of an inspection to the license holder and the Board within a certain time period; 3
55+requiring the Board each year to publish a list containing the number of inspections 4
56+conducted of each licensed premises in the previous calendar year; requiring the 5
57+Board to establish a certain fine structure and to publish and maintain a list of 6
58+penalties certain penalties and fines information for certain violations of alcoholic 7
59+beverages laws; establishing the Workgroup to Study Best Practices for Safe Event 8
60+Promotion and the Leveraging of Alcoholic Beverages Licenses in Prince George’s 9
61+County; and generally relating to alcoholic beverages in Prince George’s County and 10
62+the Workgroup to Study Best Practices for Safe Event Promotion and the Leveraging 11
63+of Alcoholic Beverages Licenses in Prince George’s County. 12
6964
70- (c) (1) The license authorizes the license holder, at a hotel or restaurant at
71-retail at the place described in the license, to sell beer, wine, and liquor:
65+BY repealing and reenacting, without amendments, 13
66+ Article – Alcoholic Beverages 14
67+Section 26–102 and, 26–902(a), 26–1011(a), and 26–1017(a) 15
68+ Annotated Code of Maryland 16
69+ (2016 Volume and 2022 Supplement) 17
7270
73- (i) BY THE GLASS OR BY T HE BOTTLE for on–premises
74-consumption; and
71+BY repealing and reenacting, with amendments, 18
72+ Article – Alcoholic Beverages 19
73+Section 26–902(c), 26–1011(c), and 26–1017(c) and 26–1103 20
74+ Annotated Code of Maryland 21
75+ (2016 Volume and 2022 Supplement) 22
7576
76- (ii) subject to paragraph (2) of this subsection, for off–premises
77-consumption only:
77+BY adding to 23
78+ Article – Alcoholic Beverages 24
79+Section 26–2606 and 26–2803 25
80+ Annotated Code of Maryland 26
81+ (2016 Volume and 2022 Supplement) 27
7882
79- 1. from the main bar; and
83+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
84+That the Laws of Maryland read as follows: 29
8085
81- 2. in the main portion of the dining room facilities.
86+Article – Alcoholic Beverages 30
8287
83- (2) The off–sale privilege set out in paragraph (1)(ii) of this subsection is
84-limited to those license holders who had the privilege on July 1, 1970.
88+26–102. 31
8589
86-26–1011.
90+ This title applies only in Prince George’s County. 32
8791
88- (a) There is a Class C (fraternal/sororal/service organization) beer, wine, and
89-liquor license.
92+26–902. 33
9093
91- (c) (1) The license authorizes the license holder to sell beer, wine, and liquor BY
92-THE GLASS OR BY THE BOTTLE for on–premises consumption by a member or guest
93-accompanied by a member.
94+ (a) There is a Class B beer, wine, and liquor license. 34
9495
95- (2) The license holder may allow a person that has leased a private room or
96-other area of the licensed premises for a private social gathering to bring beer, wine, and
97-liquor onto the licensed premises for on–premises consumption. WES MOORE, Governor Ch. 607
96+ (c) (1) The license authorizes the license holder, at a hotel or restaurant at 35
97+retail at the place described in the license, to sell beer, wine, and liquor: 36
98+ HOUSE BILL 784 3
9899
99-– 3 –
100100
101-26–1017.
101+ (i) BY THE GLASS OR BY T HE BOTTLE for on–premises 1
102+consumption; and 2
102103
103- (a) There is a Class C (veterans’ organization or club) beer, wine, and liquor
104-license.
104+ (ii) subject to paragraph (2) of this subsection, for off–premises 3
105+consumption only: 4
105106
106- (c) The license authorizes the license holder to sell beer, wine, and liquor BY THE
107-GLASS OR BY THE BOTT LE at retail at the place described in the license for on–premises
108-consumption.
107+ 1. from the main bar; and 5
109108
110-26–1103.
109+ 2. in the main portion of the dining room facilities. 6
111110
112- (a) This section does not apply to a license holder that seeks to provide
113-entertainment if:
111+ (2) The off–sale privilege set out in paragraph (1)(ii) of this subsection is 7
112+limited to those license holders who had the privilege on July 1, 1970. 8
114113
115- (1) the license of the license holder is issued under § 26–1003, § 26–1006, §
116-26–1008, § 26–1009, § 26–1010, § 26–1011, § 26–1014, § 26–1015, § 26–1016, § 26–1018.1,
117-or § 26–1616(h) of this title; or
114+26–1011. 9
118115
119- (2) the license is a veterans or fraternal Class C license and the license
120-holder provides entertainment that:
116+ (a) There is a Class C (fraternal/sororal/service organization) beer, wine, and 10
117+liquor license. 11
121118
122- (i) is under the direct supervision of the license holder;
119+ (c) (1) The license authorizes the license holder to sell beer, wine, and liquor BY 12
120+THE GLASS OR BY THE BOTTLE for on–premises consumption by a member or guest 13
121+accompanied by a member. 14
123122
124- (ii) is for adults, children, and families of the organization or the
125-public; and
123+ (2) The license holder may allow a person that has leased a private room or 15
124+other area of the licensed premises for a private social gathering to bring beer, wine, and 16
125+liquor onto the licensed premises for on–premises consumption. 17
126126
127- (iii) when offered, ends not later than midnight.
127+26–1017. 18
128128
129- (b) There is an entertainment permit.
129+ (a) There is a Class C (veterans’ organization or club) beer, wine, and liquor 19
130+license. 20
130131
131- (c) The Board may issue the permit to a holder of a Class B (on–sale) license in
132-accordance with this section.
132+ (c) The license authorizes the license holder to sell beer, wine, and liquor BY THE 21
133+GLASS OR BY THE BOTT LE at retail at the place described in the license for on–premises 22
134+consumption. 23
133135
134- (d) (1) (i) Subject to subparagraph (ii) of this paragraph, the permit
135-authorizes the permit holder to:
136+26–1103. 24
136137
137- 1. impose a cover charge, offer facilities for patron dancing,
138-and provide entertainment; OR
138+ (a) This section does not apply to a license holder that seeks to provide 25
139+entertainment if: 26
139140
140- 2. CONTRACT WITH ONE OR MORE PROMOTERS TO
141-PUBLICIZE, SELL TICKETS FOR , ORGANIZE, OPERATE, PRODUCE, OR STAGE AN
142-EVENT, WHICH MAY INCLUDE PA TRON DANCING AND ENT ERTAINMENT .
143- Ch. 607 2023 LAWS OF MARYLAND
141+ (1) the license of the license holder is issued under § 26–1003, § 26–1006, § 27
142+26–1008, § 26–1009, § 26–1010, § 26–1011, § 26–1014, § 26–1015, § 26–1016, § 26–1018.1, 28
143+or § 26–1616(h) of this title; or 29
144144
145-– 4 –
146- (ii) The permit holder shall comply, AND ENSURE THAT ANY
147-CONTRACTED PROMOTER COMPLIES, with all requirements under county law, including
148-zoning and use and occupancy laws.
145+ (2) the license is a veterans or fraternal Class C license and the license 30
146+holder provides entertainment that: 31 4 HOUSE BILL 784
149147
150- (2) The Board shall determine the number of days in a week that a permit
151-holder may exercise the privileges of the permit.
152148
153- (3) The permit is in effect from 9 p.m. to 2 a.m. the following day.
154149
155- (e) Before being issued the permit, an applicant shall:
150+ (i) is under the direct supervision of the license holder; 1
156151
157- (1) submit evidence to the satisfaction of the Board that:
152+ (ii) is for adults, children, and families of the organization or the 2
153+public; and 3
158154
159- (i) the applicant holds a Class B (on–sale) license;
155+ (iii) when offered, ends not later than midnight. 4
160156
161- (ii) there are no unpaid taxes due from the applicant to the State,
162-the county, or a municipal corporation; and
157+ (b) There is an entertainment permit. 5
163158
164- (iii) the applicant AND ANY CONTRACTED P ROMOTER meets all
165-other requirements for the permit; and
159+ (c) The Board may issue the permit to a holder of a Class B (on–sale) license in 6
160+accordance with this section. 7
166161
167- (2) (i) IN CONSULTATION WITH ANY CONTRACTED PROMO TER,
168-develop a security plan to prevent the premises for which the permit is sought from posing
169-a threat to the peace and safety of the surrounding area; and
162+ (d) (1) (i) Subject to subparagraph (ii) of this paragraph, the permit 8
163+authorizes the permit holder to: 9
170164
171- (ii) submit the plan for review to the Board and the Chief of the
172-County Police Department.
165+ 1. impose a cover charge, offer facilities for patron dancing, 10
166+and provide entertainment; OR 11
173167
174- (f) (1) The Chief of the County Police Department may submit comments to
175-the Board on the adequacy of the security plan within 30 days after receipt of the security
176-plan.
168+ 2. CONTRACT WITH ONE OR MORE PROMOTERS TO 12
169+PUBLICIZE, SELL TICKETS FOR , ORGANIZE, OPERATE, PRODUCE, OR STAGE AN 13
170+EVENT, WHICH MAY INCLUDE PA TRON DANCING AND ENTERTAI NMENT. 14
177171
178- (2) The Board shall consider the comments, if any, of the Chief of the
179-County Police Department and subsequently issue the permit, refuse to issue the permit,
180-or condition the issuance of the permit on changes to the security plan.
172+ (ii) The permit holder shall comply, AND ENSURE THAT ANY 15
173+CONTRACTED PROMOTER COMPLIES, with all requirements under county law, including 16
174+zoning and use and occupancy laws. 17
181175
182- (3) If the Board issues the permit with a security plan that the Chief of the
183-County Police Department does not support, the Board shall specify in writing to the Chief
184-of the County Police Department the reasons why the Board has determined that the
185-security plan is adequate.
176+ (2) The Board shall determine the number of days in a week that a permit 18
177+holder may exercise the privileges of the permit. 19
186178
187- (g) (1) Before issuing the permit, the Board shall hold a public hearing in
188-accordance with the requirements for a public hearing on an application for a license under
189-§ 26–1511 of this title.
190- WES MOORE, Governor Ch. 607
179+ (3) The permit is in effect from 9 p.m. to 2 a.m. the following day. 20
191180
192-– 5 –
193- (2) At the public hearing, the Board shall give the applicant, supporters of
194-the applicant, and opponents of the applicant an opportunity to be heard.
181+ (e) Before being issued the permit, an applicant shall: 21
195182
196- (3) In making its determination whether to approve the application and
197-issue the permit, the Board shall consider whether:
183+ (1) submit evidence to the satisfaction of the Board that: 22
198184
199- (i) approval and issuance of the permit is necessary for the
200-accommodation of the public;
185+ (i) the applicant holds a Class B (on–sale) license; 23
201186
202- (ii) the applicant is a fit person to receive the permit;
187+ (ii) there are no unpaid taxes due from the applicant to the State, 24
188+the county, or a municipal corporation; and 25
203189
204- (iii) the applicant has made a material false statement in the
205-application;
190+ (iii) the applicant AND ANY CONTRACTED P ROMOTER meets all 26
191+other requirements for the permit; and 27
192+ HOUSE BILL 784 5
206193
207- (iv) the applicant has committed any fraudulent act in connection
208-with the application;
209194
210- (v) the operation of the business, if the permit is issued, will unduly
211-disturb the peace of the residents of the neighborhood where the place of business is located
212-or to be located; and
195+ (2) (i) IN CONSULTATION WITH ANY CONTRACTED PROMO TER, 1
196+develop a security plan to prevent the premises for which the permit is sought from posing 2
197+a threat to the peace and safety of the surrounding area; and 3
213198
214- (vi) there are any other reasons that justify the disapproval of the
215-application or the refusal to issue the permit.
199+ (ii) submit the plan for review to the Board and the Chief of the 4
200+County Police Department. 5
216201
217- (4) The Board shall hold a similar public hearing on receipt of a petition to:
202+ (f) (1) The Chief of the County Police Department may submit comments to 6
203+the Board on the adequacy of the security plan within 30 days after receipt of the security 7
204+plan. 8
218205
219- (i) revoke the permit; or
206+ (2) The Board shall consider the comments, if any, of the Chief of the 9
207+County Police Department and subsequently issue the permit, refuse to issue the permit, 10
208+or condition the issuance of the permit on changes to the security plan. 11
220209
221- (ii) protest the renewal of the permit.
210+ (3) If the Board issues the permit with a security plan that the Chief of the 12
211+County Police Department does not support, the Board shall specify in writing to the Chief 13
212+of the County Police Department the reasons why the Board has determined that the 14
213+security plan is adequate. 15
222214
223- (h) The permit holder AND ANY CONTRACTED P ROMOTER:
215+ (g) (1) Before issuing the permit, the Board shall hold a public hearing in 16
216+accordance with the requirements for a public hearing on an application for a license under 17
217+§ 26–1511 of this title. 18
224218
225- (1) shall implement and follow the approved security plan described under
226-subsection (e)(2) of this section at all times when the permit holder exercises the privileges
227-of the permit;
219+ (2) At the public hearing, the Board shall give the applicant, supporters of 19
220+the applicant, and opponents of the applicant an opportunity to be heard. 20
228221
229- (2) when the privileges authorized by the permit are being exercised, may
230-not allow an individual who is under the age of 21 years on the premises for which the
231-permit is issued unless the individual is employed by or is an immediate family member of
232-the permit holder; and
222+ (3) In making its determination whether to approve the application and 21
223+issue the permit, the Board shall consider whether: 22
233224
234- (3) may employ sworn security personnel as part of the security plan
235-described under subsection (e)(2) of this section if the sworn security personnel have full
236-police powers in the jurisdiction where the premises of the permit holder is located.
237- Ch. 607 2023 LAWS OF MARYLAND
225+ (i) approval and issuance of the permit is necessary for the 23
226+accommodation of the public; 24
238227
239-– 6 –
240- (i) The Board at any time may prohibit, condition, or restrict the type of
241-entertainment offered by a permit holder, including lewd, exotic, loud, or raucous
242-entertainment, if after a hearing the Board determines that the entertainment:
228+ (ii) the applicant is a fit person to receive the permit; 25
243229
244- (1) adversely impacts or unduly disturbs the community; and
230+ (iii) the applicant has made a material false statement in the 26
231+application; 27
245232
246- (2) is not conducive to the peace, health, welfare, or safety of the residents
247-of the county.
233+ (iv) the applicant has committed any fraudulent act in connection 28
234+with the application; 29
248235
249- (j) (1) Subject to paragraph (2) of this subsection, the Board may immediately
250-suspend the permit if the Board reasonably believes that the permit holder OR A
251-CONTRACTED PROMOTER :
236+ (v) the operation of the business, if the permit is issued, will unduly 30
237+disturb the peace of the residents of the neighborhood where the place of business is located 31
238+or to be located; and 32
252239
253- (i) violated this section; or
240+ (vi) there are any other reasons that justify the disapproval of the 33
241+application or the refusal to issue the permit. 34 6 HOUSE BILL 784
254242
255- (ii) is not in compliance with a county zoning property standard or
256-use and occupancy requirement.
257243
258- (2) If the Board immediately suspends a permit, the Board shall:
259244
260- (i) give the permit holder notice of the suspension and a hearing on
261-the suspension at which the permit holder may be heard and present evidence; and
245+ (4) The Board shall hold a similar public hearing on receipt of a petition to: 1
262246
263- (ii) hold the hearing within 30 days after the suspension is imposed.
247+ (i) revoke the permit; or 2
264248
265- (k) (1) At the hearing, the Board shall determine:
249+ (ii) protest the renewal of the permit. 3
266250
267- (i) whether the permit holder violated this section or other law; and
251+ (h) The permit holder AND ANY CONTRACTED P ROMOTER: 4
268252
269- (ii) if a violation occurred, what penalty to impose among those listed
270-in paragraphs (2) and (3) of this subsection.
253+ (1) shall implement and follow the approved security plan described under 5
254+subsection (e)(2) of this section at all times when the permit holder exercises the privileges 6
255+of the permit; 7
271256
272- (2) Subject to paragraph (3) of this subsection, if the Board finds that a
273-person has violated this section or any other law, the Board:
257+ (2) when the privileges authorized by the permit are being exercised, may 8
258+not allow an individual who is under the age of 21 years on the premises for which the 9
259+permit is issued unless the individual is employed by or is an immediate family member of 10
260+the permit holder; and 11
274261
275- (i) may revoke or continue the suspension of the permit; and
262+ (3) may employ sworn security personnel as part of the security plan 12
263+described under subsection (e)(2) of this section if the sworn security personnel have full 13
264+police powers in the jurisdiction where the premises of the permit holder is located. 14
276265
277- (ii) shall impose on the person a penalty of:
266+ (i) The Board at any time may prohibit, condition, or restrict the type of 15
267+entertainment offered by a permit holder, including lewd, exotic, loud, or raucous 16
268+entertainment, if after a hearing the Board determines that the entertainment: 17
278269
279- 1. for a first offense, at least $1,000 but not more than
280-$12,500; and
270+ (1) adversely impacts or unduly disturbs the community; and 18
281271
282- 2. for each subsequent offense, at least $5,000.
272+ (2) is not conducive to the peace, health, welfare, or safety of the residents 19
273+of the county. 20
283274
284- (3) The Board:
285- WES MOORE, Governor Ch. 607
275+ (j) (1) Subject to paragraph (2) of this subsection, the Board may immediately 21
276+suspend the permit if the Board reasonably believes that the permit holder OR A 22
277+CONTRACTED PROMOTER : 23
286278
287-– 7 –
288- (i) shall revoke the permit of a person who the Board determines
289-violated this section or any other law twice in 24 months; and
279+ (i) violated this section; or 24
290280
291- (ii) may not consider an application from the person for a new permit
292-or an application for a new permit for the premises that was the subject of the revocation
293-until at least 12 months after the order of revocation is issued.
281+ (ii) is not in compliance with a county zoning property standard or 25
282+use and occupancy requirement. 26
294283
295- (4) If the Board determines that the permit holder did not violate this
296-section, the Board shall immediately reinstate the permit.
284+ (2) If the Board immediately suspends a permit, the Board shall: 27
297285
298- (l) (1) The circuit court may issue a temporary restraining order to
299-immediately close to the public the entire operation of the premises if the county establishes
300-that:
286+ (i) give the permit holder notice of the suspension and a hearing on 28
287+the suspension at which the permit holder may be heard and present evidence; and 29
301288
302- (i) the security plan described under subsection (e)(2) of this section
303-has not been implemented; and
289+ (ii) hold the hearing within 30 days after the suspension is imposed. 30 HOUSE BILL 784 7
304290
305- (ii) the public health, safety, or welfare requires emergency action.
306291
307- (2) On issuance of a temporary restraining order under paragraph (1) of
308-this subsection, the county shall give the permit holder written notice of and reasons for
309-the closure.
310292
311- (3) The permit holder promptly shall be given an opportunity for a hearing
312-in circuit court on the granting of the temporary restraining order in accordance with Title
313-15, Chapter 500 of the Maryland Rules.
293+ (k) (1) At the hearing, the Board shall determine: 1
314294
315- (m) The Board shall adopt regulations to carry out this section.
295+ (i) whether the permit holder violated this section or other law; and 2
316296
317- (n) The annual fee for the permit is $1,500, which is in addition to the annual fee
318-for the Class B license.
297+ (ii) if a violation occurred, what penalty to impose among those listed 3
298+in paragraphs (2) and (3) of this subsection. 4
319299
320-26–2606.
300+ (2) Subject to paragraph (3) of this subsection, if the Board finds that a 5
301+person has violated this section or any other law, the Board: 6
321302
322- (A) (1) THIS SECTION APPLIES ONLY TO INSPECTIONS PERFORMED BY OR
323-ON BEHALF OF THE BOARD.
303+ (i) may revoke or continue the suspension of the permit; and 7
324304
325- (2) UNLESS THE INSPECTION IS PERFORMED ON BEHALF OF THE
326-BOARD AND DOES NOT RE LATE TO HEALTH AND S AFETY, THIS SECTION DOES NO T
327-APPLY TO INSPECTIONS CONDUCTED BY ONE OR MORE OF THE FOLLOWIN G
328-PERSONS:
305+ (ii) shall impose on the person a penalty of: 8
329306
330- (I) A POLICE DEPARTMENT ;
307+ 1. for a first offense, at least $1,000 but not more than 9
308+$12,500; and 10
331309
332- (II) A FIRE DEPARTMENT OR FIRE INSPECTOR ; OR
333- Ch. 607 2023 LAWS OF MARYLAND
310+ 2. for each subsequent offense, at least $5,000. 11
334311
335-– 8 –
336- (III) A HEALTH DEPARTMENT .
312+ (3) The Board: 12
337313
338- (B) AN INSPECTION OF A LI CENSED PREMISES MAY BE CONDUCTED WITH
339-OR WITHOUT PRIOR NOT ICE IN ORDER TO:
314+ (i) shall revoke the permit of a person who the Board determines 13
315+violated this section or any other law twice in 24 months; and 14
340316
341- (1) PROVIDE ASSISTANCE T O THE BOARD IN ANY MATTER
342-PERTAINING TO ALCOHO LIC BEVERAGES ;
317+ (ii) may not consider an application from the person for a new permit 15
318+or an application for a new permit for the premises that was the subject of the revocation 16
319+until at least 12 months after the order of revocation is issued. 17
343320
344- (2) CONDUCT BACKGROUND I NVESTIGATIONS AND CRIMINAL
345-HISTORY RECORDS CHEC KS ON ALL LICENSE AP PLICANTS;
321+ (4) If the Board determines that the permit holder did not violate this 18
322+section, the Board shall immediately reinstate the permit. 19
346323
347- (3) MAKE ROUTINE INSPECT IONS OF LICENSED EST ABLISHMENTS IN
348-THE COUNTY TO ENSURE THAT THEY ARE IN COM PLIANCE WITH ALL APP ROPRIATE
349-STATE LAWS, LOCAL LAWS, RESTRICTIONS , AND BOARD RULES AND REGUL ATIONS;
324+ (l) (1) The circuit court may issue a temporary restraining order to 20
325+immediately close to the public the entire operation of the premises if the county establishes 21
326+that: 22
350327
351- (4) COORDINATE INFORMATI ON WITH OTHER APPROP RIATE
352-REGULATORY AGENCIES ;
328+ (i) the security plan described under subsection (e)(2) of this section 23
329+has not been implemented; and 24
353330
354- (5) TAKE APPROPRIATE ACT ION ON ANY WRITTEN R EPORT OF
355-VIOLATIONS FORWARDED BY A UNIFORMED OFFIC ER OF A MUNICIPAL OR COUNTY
356-POLICE DEPARTMENT , THE MARYLAND–NATIONAL CAPITAL PARK POLICE, OR THE
357-STATE POLICE;
331+ (ii) the public health, safety, or welfare requires emergency action. 25
358332
359- (6) INVESTIGATE COMPLAIN TS MADE AGAINST A LI CENSED
360-ESTABLISHMENT ; OR
333+ (2) On issuance of a temporary restraining order under paragraph (1) of 26
334+this subsection, the county shall give the permit holder written notice of and reasons for 27
335+the closure. 28
336+ 8 HOUSE BILL 784
361337
362- (7) INITIATE COVERT INSP ECTIONS AND INVESTIG ATIONS OF
363-LICENSED ESTABLISHME NTS THAT MAY BE NECE SSARY TO ENSURE COMP LIANCE OR
364-TO PROVE OR DISPROVE ALLEGED VIOLATIONS .
365338
366- (C) EXCEPT FOR AN INSPECT ION CONDUCTED IN RES PONSE TO A
367-COMPLAINT, THE BOARD MAY NOT CONDUCT AN INSPECTION OF A L ICENSED
368-PREMISES MORE THAN T WO TIMES IN A CALEND AR MONTH WITHOUT THE PRIOR
369-CONSENT OF THE LICEN SE HOLDER.
339+ (3) The permit holder promptly shall be given an opportunity for a hearing 1
340+in circuit court on the granting of the temporary restraining order in accordance with Title 2
341+15, Chapter 500 of the Maryland Rules. 3
370342
371- (D) EXCEPT FOR INSPECTIONS CONDUCTE D IN ACCORDANCE WITH
372-SUBSECTION (B)(7) OF THIS SECTION, WITHIN WITHIN 2 5 BUSINESS DAYS AFTER AN
373-INSPECTION UNDER THI S SECTION, THE INSPECTOR SHALL PROVIDE TO THE
374-LICENSE HOLDER AND T HE BOARD A REPORT OF THE INSPECTION.
343+ (m) The Board shall adopt regulations to carry out this section. 4
375344
376- (E) (D) ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL
377-PUBLISH ON THE BOARD’S WEBSITE A LIST OF THE TOTAL NUMBER OF INSPECTIONS WES MOORE, Governor Ch. 607
345+ (n) The annual fee for the permit is $1,500, which is in addition to the annual fee 5
346+for the Class B license. 6
378347
379-– 9 –
380-CONDUCTED OF EACH LI CENSED PREMISES BY T HE BOARD IN THE PRIOR CA LENDAR
381-YEAR.
348+26–2606. 7
382349
383-26–2803.
350+ (A) (1) THIS SECTION APPLIES ONLY TO INSPECTIONS PERFORMED BY OR 8
351+ON BEHALF OF THE BOARD. 9
384352
385- (A) THE BOARD SHALL ESTABLISH A STANDARD F INE STRUCTURE FOR
386-VIOLATIONS OF THIS T ITLE THAT GIVES THE BOARD FLEXIBILITY TO CONSIDER
387-AGGRAVATING OR MITIG ATING FACTORS WHEN D ETERMINING THE AMOUN T OF A
388-FINE IMPOSED UNDER T HIS TITLE.
353+ (2) UNLESS THE INSPECTION IS PERFORMED ON BEHALF OF THE 10
354+BOARD AND DOES NOT RE LATE TO HEALTH AND S AFETY, THIS SECTION DOES NO T 11
355+APPLY TO INSPECTIONS CONDUCTED BY ONE OR MORE OF THE FOLLOWIN G 12
356+PERSONS: 13
389357
390- (B) THE BOARD SHALL PUBLISH MONTHLY AND MAINTAIN ON ITS WEBSITE:
358+ (I) A POLICE DEPARTMENT ; 14
391359
392- (1) A LIST OF PENALTIES FOR VIO LATIONS OF THIS TITL E; AND
360+ (II) A FIRE DEPARTMENT OR FIRE INSPECTOR ; OR 15
393361
394- (2) THE STANDARD FINE ST RUCTURE ESTABLISHED UNDER
395-SUBSECTION (A) OF THIS SECTION , INCLUDING A LIST OF AGGRAVATING AND
396-MITIGATING FACTORS T HAT THE BOARD MAY CONSIDER WH EN DETERMINING THE
397-AMOUNT O F A FINE IMPOSED UND ER THIS TITLE.
362+ (III) A HEALTH DEPARTMENT . 16
398363
399- SECTION 2. AND BE IT FURTHER ENACTED, That:
364+ (B) AN INSPECTION OF A LI CENSED PREMISES MAY BE CONDUCTED WITH 17
365+OR WITHOUT PRIOR NOT ICE IN ORDER TO: 18
400366
401- (a) There is a Workgroup to Study Best Practices for Safe Event Promotion and
402-the Leveraging of Alcoholic Beverages Licenses in Prince George’s County.
367+ (1) PROVIDE ASSISTANCE T O THE BOARD IN ANY MATTER 19
368+PERTAINING TO ALCOHO LIC BEVERAGES ; 20
403369
404- (b) The Workgroup consists of the following members:
370+ (2) CONDUCT BACKGROUND I NVESTIGATIONS AND CRIMINAL 21
371+HISTORY RECORDS CHEC KS ON ALL LICENSE AP PLICANTS; 22
405372
406- (1) the Chair of the Prince George’s County Senate Delegation, or the
407-Chair’s designee;
373+ (3) MAKE ROUTINE INSPECT IONS OF LICENSED EST ABLISHMENTS IN 23
374+THE COUNTY TO ENSURE THAT THEY ARE IN COM PLIANCE WITH ALL APP ROPRIATE 24
375+STATE LAWS, LOCAL LAWS, RESTRICTIONS , AND BOARD RULES AND REGUL ATIONS; 25
408376
409- (2) the Chair of the Prince George’s County House Delegation, or the
410-Chair’s designee;
377+ (4) COORDINATE INFORMATI ON WITH OTHER APPROP RIATE 26
378+REGULATORY AGENCIES ; 27
411379
412- (3) the Chair of the Prince George’s County Council, or the Chair’s
413-designee;
380+ (5) TAKE APPROPRIATE ACT ION ON ANY WRITTEN R EPORT OF 28
381+VIOLATIONS FORWARDED BY A UNIFORMED OFFIC ER OF A MUNICIPAL OR COUNTY 29
382+POLICE DEPARTMENT , THE MARYLAND–NATIONAL CAPITAL PARK POLICE, OR THE 30
383+STATE POLICE; 31 HOUSE BILL 784 9
414384
415- (4) the State’s Attorney for Prince George’s County, or the State’s
416-Attorney’s designee;
417385
418- (5) the Chair of the Board of License Commissioners for Prince George’s
419-County, or the Chair’s designee;
420386
421- (6) the Director of the Board of License Commissioners for Prince George’s
422-County, or the Director’s designee;
423- Ch. 607 2023 LAWS OF MARYLAND
387+ (6) INVESTIGATE COMPLAIN TS MADE AGAINST A LI CENSED 1
388+ESTABLISHMENT ; OR 2
424389
425-– 10 –
426- (7) the following members, appointed by the County Executive of Prince
427-George’s County:
390+ (7) INITIATE COVERT INSP ECTIONS AND INVESTIG ATIONS OF 3
391+LICENSED ESTABLISHME NTS THAT MAY BE NECE SSARY TO ENSURE COMP LIANCE OR 4
392+TO PROVE OR DISPROVE ALLEGED VIOLATIONS . 5
428393
429- (i) one representative of the Prince George’s County Polic e
430-Department;
394+ (C) EXCEPT FOR AN INSPECT ION CONDUCTED IN RES PONSE TO A 6
395+COMPLAINT, THE BOARD MAY NOT CONDUCT AN INSPECTION OF A L ICENSED 7
396+PREMISES MORE THAN T WO TIMES IN A CALEND AR MONTH WITHOUT THE PRIOR 8
397+CONSENT OF THE LICEN SE HOLDER. 9
431398
432- (ii) one representative of the Prince George’s County Fire
433-Department; and
399+ (D) EXCEPT FOR INSPECTIONS CONDUCTE D IN ACCORDANCE WITH 10
400+SUBSECTION (B)(7) OF THIS SECTION, WITHIN WITHIN 2 5 BUSINESS DAYS AFTER AN 11
401+INSPECTION UNDER THI S SECTION, THE INSPECTOR SHALL PROVIDE TO THE 12
402+LICENSE HOLDER AND T HE BOARD A REPORT OF THE INSPECTION. 13
434403
435- (iii) one representative of the Prince George’s County Permitting,
436-Inspections and Enforcement Department; and
404+ (E) (D) ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL 14
405+PUBLISH ON THE BOARD’S WEBSITE A LIST OF THE TOTAL NUMBER OF INSPECTIONS 15
406+CONDUCTED OF EACH LI CENSED PREMISES BY T HE BOARD IN THE PRIOR CA LENDAR 16
407+YEAR. 17
437408
438- (7) (8) the following members, appointed by the Chair of the Prince George’s
439-County House Delegation:
409+26–2803. 18
440410
441- (i) one individual who is knowledgeable of the event promotion
442-industry in Prince George’s County;
411+ (A) THE BOARD SHALL ESTABLISH A STANDARD FINE ST RUCTURE FOR 19
412+VIOLATIONS OF THIS T ITLE THAT GIVES THE BOARD FLEXIBILITY TO CONSIDER 20
413+AGGRAVATING OR MITIG ATING FACTORS WHEN D ETERMINING THE AMOUN T OF A 21
414+FINE IMPOSED UNDER T HIS TITLE. 22
443415
444- (ii) one individual who is a current holder of an entertainment
445-permit under § 26–1103 of the Alcoholic Beverages Article; and
416+ (B) THE BOARD SHALL PUBLISH MONTHLY AND MAINTAIN ON ITS WEBSITE: 23
446417
447- (iii) one individual who is a former holder of an entertainment permit
448-under § 26–1103 of the Alcoholic Beverages Article.
418+ (1) A LIST OF PENALTIES FOR VIO LATIONS OF THIS TITL E; AND 24
449419
450- (c) The Chair of the Prince George’s County House Delegation shall designate the
451-chair of Chair of the Board of License Commissioners for Prince George’s County, or the
452-Chair’s designee, shall chair the Workgroup.
420+ (2) THE STANDARD FINE ST RUCTURE ESTABLISHED UNDER 25
421+SUBSECTION (A) OF THIS SECTION , INCLUDING A LIST OF AGGRAVATING AND 26
422+MITIGATING FACTORS T HAT THE BOARD MAY CONSIDER WH EN DETERMINING THE 27
423+AMOUNT OF A FI NE IMPOSED UNDER THI S TITLE. 28
453424
454- (d) The Prince George’s County House Delegation Board of License
455-Commissioners for Prince George’s County shall provide staff for the Workgroup.
425+ SECTION 2. AND BE IT FURTHER ENACTED, That: 29
456426
457- (e) A member of the Workgroup or any subgroup established under subsection (g)
458-of this section:
427+ (a) There is a Workgroup to Study Best Practices for Safe Event Promotion and 30
428+the Leveraging of Alcoholic Beverages Licenses in Prince George’s County. 31
429+ 10 HOUSE BILL 784
459430
460- (1) may not receive compensation as a member of the Workgroup or
461-subgroup; but
462431
463- (2) is entitled to reimbursement for expenses under the Standard State
464-Travel Regulations, as provided in the State budget.
432+ (b) The Workgroup consists of the following members: 1
465433
466- (f) The Workgroup shall:
434+ (1) the Chair of the Prince George’s County Senate Delegation, or the 2
435+Chair’s designee; 3
467436
468- (1) identify any current barriers to safe event promotion in Prince George’s
469-County;
470- WES MOORE, Governor Ch. 607
437+ (2) the Chair of the Prince George’s County House Delegation, or the 4
438+Chair’s designee; 5
471439
472-– 11 –
473- (2) identify available options for safe event promotion activities and
474-promotion restrictions;
440+ (3) the Chair of the Prince George’s County Council, or the Chair’s 6
441+designee; 7
475442
476- (3) review current and previous practices of event promotion; and
443+ (4) the State’s Attorney for Prince George’s County, or the State’s 8
444+Attorney’s designee; 9
477445
478- (4) make recommendations on best practices for safe event promotion and
479-the feasibility of permitting event promoters in Prince George’s County; and
446+ (5) the Chair of the Board of License Commissioners for Prince George’s 10
447+County, or the Chair’s designee; 11
480448
481- (5) examine how other counties in the State leverage alcoholic beverages
482-licenses to generate revenue for their county.
449+ (6) the Director of the Board of License Commissioners for Prince George’s 12
450+County, or the Director’s designee; 13
483451
484- (g) (1) The Workgroup may establish a subgroup within the Workgroup to
485-assist the Workgroup in carrying out its duties, including by conducting research and
486-producing reports.
452+ (7) the following members, appointed by the County Executive of Prince 14
453+George’s County: 15
487454
488- (2) A subgroup established under paragraph (1) of this subsection may
489-include an individual who is not a member of the Workgroup, including a representative of
490-an insurance carrier or any other relevant expert.
455+ (i) one representative of the Prince George’s County Police 16
456+Department; 17
491457
492- (h) On or before December 1, 2024, the Workgroup shall report its findings and
493-recommendations to the Chair of the Prince George’s County Council and the County
494-Executive of Prince George’s County and, in accordance with § 2–1257 of the State
495-Government Article, the Chair of the Prince George’s County Senate Delegation and the
496-Chair of the Prince George’s County House Delegation.
458+ (ii) one representative of the Prince George’s County Fire 18
459+Department; and 19
497460
498- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
499-July 1, 2023. Section 2 of this Act shall remain effective for a period of 2 years and, at the
500-end of June 30, 2025, Section 2 of this Act, with no further action required by the General
501-Assembly, shall be abrogated and of no further force and effect.
461+ (iii) one representative of the Prince George’s County Permitting, 20
462+Inspections and Enforcement Department; and 21
502463
503-Approved by the Governor, May 8, 2023.
464+ (7) (8) the following members, appointed by the Chair of the Prince George’s 22
465+County House Delegation: 23
466+
467+ (i) one individual who is knowledgeable of the event promotion 24
468+industry in Prince George’s County; 25
469+
470+ (ii) one individual who is a current holder of an entertainment 26
471+permit under § 26–1103 of the Alcoholic Beverages Article; and 27
472+
473+ (iii) one individual who is a former holder of an entertainment permit 28
474+under § 26–1103 of the Alcoholic Beverages Article. 29
475+
476+ (c) The Chair of the Prince George’s County House Delegation shall designate the 30
477+chair of Chair of the Board of License Commissioners for Prince George’s County, or the 31
478+Chair’s designee, shall chair the Workgroup. 32 HOUSE BILL 784 11
479+
480+
481+
482+ (d) The Prince George’s County House Delegation Board of License 1
483+Commissioners for Prince George’s County shall provide staff for the Workgroup. 2
484+
485+ (e) A member of the Workgroup or any subgroup established under subsection (g) 3
486+of this section: 4
487+
488+ (1) may not receive compensation as a member of the Workgroup or 5
489+subgroup; but 6
490+
491+ (2) is entitled to reimbursement for expenses under the Standard State 7
492+Travel Regulations, as provided in the State budget. 8
493+
494+ (f) The Workgroup shall: 9
495+
496+ (1) identify any current barriers to safe event promotion in Prince George’s 10
497+County; 11
498+
499+ (2) identify available options for safe event promotion activities and 12
500+promotion restrictions; 13
501+
502+ (3) review current and previous practices of event promotion; and 14
503+
504+ (4) make recommendations on best practices for safe event promotion and 15
505+the feasibility of permitting event promoters in Prince George’s County; and 16
506+
507+ (5) examine how other counties in the State leverage alcoholic beverages 17
508+licenses to generate revenue for their county. 18
509+
510+ (g) (1) The Workgroup may establish a subgroup within the Workgroup to 19
511+assist the Workgroup in carrying out its duties, including by conducting research and 20
512+producing reports. 21
513+
514+ (2) A subgroup established under paragraph (1) of this subsection may 22
515+include an individual who is not a member of the Workgroup, including a representative of 23
516+an insurance carrier or any other relevant expert. 24
517+
518+ (h) On or before December 1, 2024, the Workgroup shall report its findings and 25
519+recommendations to the Chair of the Prince George’s County Council and the County 26
520+Executive of Prince George’s County and, in accordance with § 2–1257 of the State 27
521+Government Article, the Chair of the Prince George’s County Senate Delegation and the 28
522+Chair of the Prince George’s County House Delegation. 29
523+
524+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
525+July 1, 2023. Section 2 of this Act shall remain effective for a period of 2 years and, at the 31
526+end of June 30, 2025, Section 2 of this Act, with no further action required by the General 32
527+Assembly, shall be abrogated and of no further force and effect. 33