WES MOORE, Governor Ch. 607
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Chapter 607
(House Bill 784)
AN ACT concerning
Prince George’s County – Alcoholic Beverages – Class B and Class C Beer, Wine,
and Liquor Licenses, Entertainment Permits, Inspections, and Penalties, and
Workgroup
PG 302–23
FOR the purpose of authorizing the holder of a Class B beer, wine, and liquor license, a
Class C (fraternal/sororal/service organization) beer, wine, and liquor license, and
a Class C (veterans’ organization or club) beer, wine, and liquor license in Prince
George’s County to serve beer, wine, and liquor by the glass or by the bottle for
on–premises consumption; authorizing the holder of a certain entertainment permit
to contract with one or more promoters to publicize, sell tickets for, organize, operate,
produce, or stage an event, which may include patron dancing and entertainment;
applying certain provisions relating to a certain entertainment permit to contracted
promoters; authorizing certain inspections of certain licensed premises by or on
behalf of the Board of License Commissioners for Prince George’s County; limiting
the number of certain inspections; requiring a certain inspector to provide a report
of an inspection to the license holder and the Board within a certain time period;
requiring the Board each year to publish a list containing the number of inspections
conducted of each licensed premises in the previous calendar year; requiring the
Board to establish a certain fine structure and to publish and maintain a list of
penalties certain penalties and fines information for certain violations of alcoholic
beverages laws; establishing the Workgroup to Study Best Practices for Safe Event
Promotion and the Leveraging of Alcoholic Beverages Licenses in Prince George’s
County; and generally relating to alcoholic beverages in Prince George’s County and
the Workgroup to Study Best Practices for Safe Event Promotion and the Leveraging
of Alcoholic Beverages Licenses in Prince George’s County.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 26–102 and, 26–902(a), 26–1011(a), and 26–1017(a)
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 26–902(c), 26–1011(c), and 26–1017(c) and 26–1103
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY adding to Ch. 607 2023 LAWS OF MARYLAND
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Article – Alcoholic Beverages
Section 26–2606 and 26–2803
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
26–102.
This title applies only in Prince George’s County.
26–902.
(a) There is a Class B beer, wine, and liquor license.
(c) (1) The license authorizes the license holder, at a hotel or restaurant at
retail at the place described in the license, to sell beer, wine, and liquor:
(i) BY THE GLASS OR BY T HE BOTTLE for on–premises
consumption; and
(ii) subject to paragraph (2) of this subsection, for off–premises
consumption only:
1. from the main bar; and
2. in the main portion of the dining room facilities.
(2) The off–sale privilege set out in paragraph (1)(ii) of this subsection is
limited to those license holders who had the privilege on July 1, 1970.
26–1011.
(a) There is a Class C (fraternal/sororal/service organization) beer, wine, and
liquor license.
(c) (1) The license authorizes the license holder to sell beer, wine, and liquor BY
THE GLASS OR BY THE BOTTLE for on–premises consumption by a member or guest
accompanied by a member.
(2) The license holder may allow a person that has leased a private room or
other area of the licensed premises for a private social gathering to bring beer, wine, and
liquor onto the licensed premises for on–premises consumption. WES MOORE, Governor Ch. 607
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26–1017.
(a) There is a Class C (veterans’ organization or club) beer, wine, and liquor
license.
(c) The license authorizes the license holder to sell beer, wine, and liquor BY THE
GLASS OR BY THE BOTT LE at retail at the place described in the license for on–premises
consumption.
26–1103.
(a) This section does not apply to a license holder that seeks to provide
entertainment if:
(1) the license of the license holder is issued under § 26–1003, § 26–1006, §
26–1008, § 26–1009, § 26–1010, § 26–1011, § 26–1014, § 26–1015, § 26–1016, § 26–1018.1,
or § 26–1616(h) of this title; or
(2) the license is a veterans or fraternal Class C license and the license
holder provides entertainment that:
(i) is under the direct supervision of the license holder;
(ii) is for adults, children, and families of the organization or the
public; and
(iii) when offered, ends not later than midnight.
(b) There is an entertainment permit.
(c) The Board may issue the permit to a holder of a Class B (on–sale) license in
accordance with this section.
(d) (1) (i) Subject to subparagraph (ii) of this paragraph, the permit
authorizes the permit holder to:
1. impose a cover charge, offer facilities for patron dancing,
and provide entertainment; OR
2. CONTRACT WITH ONE OR MORE PROMOTERS TO
PUBLICIZE, SELL TICKETS FOR , ORGANIZE, OPERATE, PRODUCE, OR STAGE AN
EVENT, WHICH MAY INCLUDE PA TRON DANCING AND ENT ERTAINMENT .
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(ii) The permit holder shall comply, AND ENSURE THAT ANY
CONTRACTED PROMOTER COMPLIES, with all requirements under county law, including
zoning and use and occupancy laws.
(2) The Board shall determine the number of days in a week that a permit
holder may exercise the privileges of the permit.
(3) The permit is in effect from 9 p.m. to 2 a.m. the following day.
(e) Before being issued the permit, an applicant shall:
(1) submit evidence to the satisfaction of the Board that:
(i) the applicant holds a Class B (on–sale) license;
(ii) there are no unpaid taxes due from the applicant to the State,
the county, or a municipal corporation; and
(iii) the applicant AND ANY CONTRACTED P ROMOTER meets all
other requirements for the permit; and
(2) (i) IN CONSULTATION WITH ANY CONTRACTED PROMO TER,
develop a security plan to prevent the premises for which the permit is sought from posing
a threat to the peace and safety of the surrounding area; and
(ii) submit the plan for review to the Board and the Chief of the
County Police Department.
(f) (1) The Chief of the County Police Department may submit comments to
the Board on the adequacy of the security plan within 30 days after receipt of the security
plan.
(2) The Board shall consider the comments, if any, of the Chief of the
County Police Department and subsequently issue the permit, refuse to issue the permit,
or condition the issuance of the permit on changes to the security plan.
(3) If the Board issues the permit with a security plan that the Chief of the
County Police Department does not support, the Board shall specify in writing to the Chief
of the County Police Department the reasons why the Board has determined that the
security plan is adequate.
(g) (1) Before issuing the permit, the Board shall hold a public hearing in
accordance with the requirements for a public hearing on an application for a license under
§ 26–1511 of this title.
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(2) At the public hearing, the Board shall give the applicant, supporters of
the applicant, and opponents of the applicant an opportunity to be heard.
(3) In making its determination whether to approve the application and
issue the permit, the Board shall consider whether:
(i) approval and issuance of the permit is necessary for the
accommodation of the public;
(ii) the applicant is a fit person to receive the permit;
(iii) the applicant has made a material false statement in the
application;
(iv) the applicant has committed any fraudulent act in connection
with the application;
(v) the operation of the business, if the permit is issued, will unduly
disturb the peace of the residents of the neighborhood where the place of business is located
or to be located; and
(vi) there are any other reasons that justify the disapproval of the
application or the refusal to issue the permit.
(4) The Board shall hold a similar public hearing on receipt of a petition to:
(i) revoke the permit; or
(ii) protest the renewal of the permit.
(h) The permit holder AND ANY CONTRACTED P ROMOTER:
(1) shall implement and follow the approved security plan described under
subsection (e)(2) of this section at all times when the permit holder exercises the privileges
of the permit;
(2) when the privileges authorized by the permit are being exercised, may
not allow an individual who is under the age of 21 years on the premises for which the
permit is issued unless the individual is employed by or is an immediate family member of
the permit holder; and
(3) may employ sworn security personnel as part of the security plan
described under subsection (e)(2) of this section if the sworn security personnel have full
police powers in the jurisdiction where the premises of the permit holder is located.
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(i) The Board at any time may prohibit, condition, or restrict the type of
entertainment offered by a permit holder, including lewd, exotic, loud, or raucous
entertainment, if after a hearing the Board determines that the entertainment:
(1) adversely impacts or unduly disturbs the community; and
(2) is not conducive to the peace, health, welfare, or safety of the residents
of the county.
(j) (1) Subject to paragraph (2) of this subsection, the Board may immediately
suspend the permit if the Board reasonably believes that the permit holder OR A
CONTRACTED PROMOTER :
(i) violated this section; or
(ii) is not in compliance with a county zoning property standard or
use and occupancy requirement.
(2) If the Board immediately suspends a permit, the Board shall:
(i) give the permit holder notice of the suspension and a hearing on
the suspension at which the permit holder may be heard and present evidence; and
(ii) hold the hearing within 30 days after the suspension is imposed.
(k) (1) At the hearing, the Board shall determine:
(i) whether the permit holder violated this section or other law; and
(ii) if a violation occurred, what penalty to impose among those listed
in paragraphs (2) and (3) of this subsection.
(2) Subject to paragraph (3) of this subsection, if the Board finds that a
person has violated this section or any other law, the Board:
(i) may revoke or continue the suspension of the permit; and
(ii) shall impose on the person a penalty of:
1. for a first offense, at least $1,000 but not more than
$12,500; and
2. for each subsequent offense, at least $5,000.
(3) The Board:
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(i) shall revoke the permit of a person who the Board determines
violated this section or any other law twice in 24 months; and
(ii) may not consider an application from the person for a new permit
or an application for a new permit for the premises that was the subject of the revocation
until at least 12 months after the order of revocation is issued.
(4) If the Board determines that the permit holder did not violate this
section, the Board shall immediately reinstate the permit.
(l) (1) The circuit court may issue a temporary restraining order to
immediately close to the public the entire operation of the premises if the county establishes
that:
(i) the security plan described under subsection (e)(2) of this section
has not been implemented; and
(ii) the public health, safety, or welfare requires emergency action.
(2) On issuance of a temporary restraining order under paragraph (1) of
this subsection, the county shall give the permit holder written notice of and reasons for
the closure.
(3) The permit holder promptly shall be given an opportunity for a hearing
in circuit court on the granting of the temporary restraining order in accordance with Title
15, Chapter 500 of the Maryland Rules.
(m) The Board shall adopt regulations to carry out this section.
(n) The annual fee for the permit is $1,500, which is in addition to the annual fee
for the Class B license.
26–2606.
(A) (1) THIS SECTION APPLIES ONLY TO INSPECTIONS PERFORMED BY OR
ON BEHALF OF THE BOARD.
(2) UNLESS THE INSPECTION IS PERFORMED ON BEHALF OF THE
BOARD AND DOES NOT RE LATE TO HEALTH AND S AFETY, THIS SECTION DOES NO T
APPLY TO INSPECTIONS CONDUCTED BY ONE OR MORE OF THE FOLLOWIN G
PERSONS:
(I) A POLICE DEPARTMENT ;
(II) A FIRE DEPARTMENT OR FIRE INSPECTOR ; OR
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(III) A HEALTH DEPARTMENT .
(B) AN INSPECTION OF A LI CENSED PREMISES MAY BE CONDUCTED WITH
OR WITHOUT PRIOR NOT ICE IN ORDER TO:
(1) PROVIDE ASSISTANCE T O THE BOARD IN ANY MATTER
PERTAINING TO ALCOHO LIC BEVERAGES ;
(2) CONDUCT BACKGROUND I NVESTIGATIONS AND CRIMINAL
HISTORY RECORDS CHEC KS ON ALL LICENSE AP PLICANTS;
(3) MAKE ROUTINE INSPECT IONS OF LICENSED EST ABLISHMENTS IN
THE COUNTY TO ENSURE THAT THEY ARE IN COM PLIANCE WITH ALL APP ROPRIATE
STATE LAWS, LOCAL LAWS, RESTRICTIONS , AND BOARD RULES AND REGUL ATIONS;
(4) COORDINATE INFORMATI ON WITH OTHER APPROP RIATE
REGULATORY AGENCIES ;
(5) TAKE APPROPRIATE ACT ION ON ANY WRITTEN R EPORT OF
VIOLATIONS FORWARDED BY A UNIFORMED OFFIC ER OF A MUNICIPAL OR COUNTY
POLICE DEPARTMENT , THE MARYLAND–NATIONAL CAPITAL PARK POLICE, OR THE
STATE POLICE;
(6) INVESTIGATE COMPLAIN TS MADE AGAINST A LI CENSED
ESTABLISHMENT ; OR
(7) INITIATE COVERT INSP ECTIONS AND INVESTIG ATIONS OF
LICENSED ESTABLISHME NTS THAT MAY BE NECE SSARY TO ENSURE COMP LIANCE OR
TO PROVE OR DISPROVE ALLEGED VIOLATIONS .
(C) EXCEPT FOR AN INSPECT ION CONDUCTED IN RES PONSE TO A
COMPLAINT, THE BOARD MAY NOT CONDUCT AN INSPECTION OF A L ICENSED
PREMISES MORE THAN T WO TIMES IN A CALEND AR MONTH WITHOUT THE PRIOR
CONSENT OF THE LICEN SE HOLDER.
(D) EXCEPT FOR INSPECTIONS CONDUCTE D IN ACCORDANCE WITH
SUBSECTION (B)(7) OF THIS SECTION, WITHIN WITHIN 2 5 BUSINESS DAYS AFTER AN
INSPECTION UNDER THI S SECTION, THE INSPECTOR SHALL PROVIDE TO THE
LICENSE HOLDER AND T HE BOARD A REPORT OF THE INSPECTION.
(E) (D) ON OR BEFORE DECEMBER 31 EACH YEAR, THE BOARD SHALL
PUBLISH ON THE BOARD’S WEBSITE A LIST OF THE TOTAL NUMBER OF INSPECTIONS WES MOORE, Governor Ch. 607
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CONDUCTED OF EACH LI CENSED PREMISES BY T HE BOARD IN THE PRIOR CA LENDAR
YEAR.
26–2803.
(A) THE BOARD SHALL ESTABLISH A STANDARD F INE STRUCTURE FOR
VIOLATIONS OF THIS T ITLE THAT GIVES THE BOARD FLEXIBILITY TO CONSIDER
AGGRAVATING OR MITIG ATING FACTORS WHEN D ETERMINING THE AMOUN T OF A
FINE IMPOSED UNDER T HIS TITLE.
(B) THE BOARD SHALL PUBLISH MONTHLY AND MAINTAIN ON ITS WEBSITE:
(1) A LIST OF PENALTIES FOR VIO LATIONS OF THIS TITL E; AND
(2) THE STANDARD FINE ST RUCTURE ESTABLISHED UNDER
SUBSECTION (A) OF THIS SECTION , INCLUDING A LIST OF AGGRAVATING AND
MITIGATING FACTORS T HAT THE BOARD MAY CONSIDER WH EN DETERMINING THE
AMOUNT O F A FINE IMPOSED UND ER THIS TITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) There is a Workgroup to Study Best Practices for Safe Event Promotion and
the Leveraging of Alcoholic Beverages Licenses in Prince George’s County.
(b) The Workgroup consists of the following members:
(1) the Chair of the Prince George’s County Senate Delegation, or the
Chair’s designee;
(2) the Chair of the Prince George’s County House Delegation, or the
Chair’s designee;
(3) the Chair of the Prince George’s County Council, or the Chair’s
designee;
(4) the State’s Attorney for Prince George’s County, or the State’s
Attorney’s designee;
(5) the Chair of the Board of License Commissioners for Prince George’s
County, or the Chair’s designee;
(6) the Director of the Board of License Commissioners for Prince George’s
County, or the Director’s designee;
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(7) the following members, appointed by the County Executive of Prince
George’s County:
(i) one representative of the Prince George’s County Polic e
Department;
(ii) one representative of the Prince George’s County Fire
Department; and
(iii) one representative of the Prince George’s County Permitting,
Inspections and Enforcement Department; and
(7) (8) the following members, appointed by the Chair of the Prince George’s
County House Delegation:
(i) one individual who is knowledgeable of the event promotion
industry in Prince George’s County;
(ii) one individual who is a current holder of an entertainment
permit under § 26–1103 of the Alcoholic Beverages Article; and
(iii) one individual who is a former holder of an entertainment permit
under § 26–1103 of the Alcoholic Beverages Article.
(c) The Chair of the Prince George’s County House Delegation shall designate the
chair of Chair of the Board of License Commissioners for Prince George’s County, or the
Chair’s designee, shall chair the Workgroup.
(d) The Prince George’s County House Delegation Board of License
Commissioners for Prince George’s County shall provide staff for the Workgroup.
(e) A member of the Workgroup or any subgroup established under subsection (g)
of this section:
(1) may not receive compensation as a member of the Workgroup or
subgroup; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) The Workgroup shall:
(1) identify any current barriers to safe event promotion in Prince George’s
County;
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(2) identify available options for safe event promotion activities and
promotion restrictions;
(3) review current and previous practices of event promotion; and
(4) make recommendations on best practices for safe event promotion and
the feasibility of permitting event promoters in Prince George’s County; and
(5) examine how other counties in the State leverage alcoholic beverages
licenses to generate revenue for their county.
(g) (1) The Workgroup may establish a subgroup within the Workgroup to
assist the Workgroup in carrying out its duties, including by conducting research and
producing reports.
(2) A subgroup established under paragraph (1) of this subsection may
include an individual who is not a member of the Workgroup, including a representative of
an insurance carrier or any other relevant expert.
(h) On or before December 1, 2024, the Workgroup shall report its findings and
recommendations to the Chair of the Prince George’s County Council and the County
Executive of Prince George’s County and, in accordance with § 2–1257 of the State
Government Article, the Chair of the Prince George’s County Senate Delegation and the
Chair of the Prince George’s County House Delegation.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2023. Section 2 of this Act shall remain effective for a period of 2 years and, at the
end of June 30, 2025, Section 2 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, May 8, 2023.