MD
Maryland House Bill HB886

Maryland 2023 Regular Session

Maryland House Bill HB886 Compare Versions

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1- WES MOORE, Governor Ch. 389
21
3-– 1 –
4-Chapter 389
5-(House Bill 886)
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+ *hb0886*
89
9-Baltimore City – 40th District – Alcoholic Beverages
10+HOUSE BILL 886
11+A2 3lr2729
12+ CF SB 588
13+By: Delegate Amprey
14+Introduced and read first time: February 9, 2023
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 10, 2023
1019
11-FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to
12-issue a Class C beer, wine, and liquor license in a certain area of the 40th alcoholic
13-beverages district in Baltimore City under certain circumstances; prohibiting certain
14-license holders in certain areas of the 40th alcoholic beverages district from selling
15-alcoholic beverages at certain times of day; authorizing the Board to issue a Class
16-A–7 beer, wine, and liquor license in a certain area of the 40th alcoholic beverages
17-district in Baltimore City under certain circumstances; providing that a certain
18-license may be issued and an existing license may be moved to a building that is
19-within a certain distance of a place of worship or school under certain circumstances;
20-and generally relating to alcoholic beverages in Baltimore City.
20+CHAPTER ______
2121
22-BY repealing and reenacting, without amendments,
23- Article – Alcoholic Beverages
24-Section 12–102 and 12–1603(a) and (b), 12–1603(a) and (b), and 12–1605(a)(1)
25- Annotated Code of Maryland
26- (2016 Volume and 2022 Supplement)
22+AN ACT concerning 1
2723
28-BY repealing and reenacting, with amendments,
29- Article – Alcoholic Beverages
30-Section 12–1603(c)(14) and (15), 12–1605(a)(2), and 12–2005(d)
31- Annotated Code of Maryland
32- (2016 Volume and 2022 Supplement)
24+Baltimore City – 40th District – Alcoholic Beverages 2
3325
34-BY adding to
35- Article – Alcoholic Beverages
36-Section 12–1603(c)(16) and (17)
37- Annotated Code of Maryland
38- (2016 Volume and 2022 Supplement)
26+FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 3
27+issue a Class C beer, wine, and liquor license in a certain area of the 40th alcoholic 4
28+beverages district in Baltimore City under certain circumstances; prohibiting certain 5
29+license holders in certain areas of the 40th alcoholic beverages district from selling 6
30+alcoholic beverages at certain times of day; authorizing the Board to issue a Class 7
31+A–7 beer, wine, and liquor license in a certain area of the 40th alcoholic beverages 8
32+district in Baltimore City under certain circumstances; providing that a certain 9
33+license may be issued and an existing license may be moved to a building that is 10
34+within a certain distance of a place of worship or school under certain circumstances; 11
35+and generally relating to alcoholic beverages in Baltimore City. 12
3936
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
37+BY repealing and reenacting, without amendments, 13
38+ Article – Alcoholic Beverages 14
39+Section 12–102 and 12–1603(a) and (b), 12–1603(a) and (b), and 12–1605(a)(1) 15
40+ Annotated Code of Maryland 16
41+ (2016 Volume and 2022 Supplement) 17
4242
43-Article – Alcoholic Beverages
43+BY repealing and reenacting, with amendments, 18
44+ Article – Alcoholic Beverages 19
45+Section 12–1603(c)(14) and (15), 12–1605(a)(2), and 12–2005(d) 20
46+ Annotated Code of Maryland 21
47+ (2016 Volume and 2022 Supplement) 22
48+ 2 HOUSE BILL 886
4449
45-12–102.
4650
47- This title applies only in Baltimore City.
51+BY adding to 1
52+ Article – Alcoholic Beverages 2
53+Section 12–1603(c)(16) and (17) 3
54+ Annotated Code of Maryland 4
55+ (2016 Volume and 2022 Supplement) 5
4856
49-12–1603. Ch. 389 2023 LAWS OF MARYLAND
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5059
51-– 2 –
60+Article – Alcoholic Beverages 8
5261
53- (a) The alcoholic beverages districts described in this section at all times are
54-coterminous with the legislative districts in the Legislative Districting Plan of 2012.
62+12–102. 9
5563
56- (b) Except as provided in subsection (c) of this section, the Board may not issue a
57-new license in:
64+ This title applies only in Baltimore City. 10
5865
59- (1) the 40th alcoholic beverages district;
66+12–1603. 11
6067
61- (2) the 41st alcoholic beverages district;
68+ (a) The alcoholic beverages districts described in this section at all times are 12
69+coterminous with the legislative districts in the Legislative Districting Plan of 2012. 13
6270
63- (3) the 43rd alcoholic beverages district;
71+ (b) Except as provided in subsection (c) of this section, the Board may not issue a 14
72+new license in: 15
6473
65- (4) the 44th alcoholic beverages district; and
74+ (1) the 40th alcoholic beverages district; 16
6675
67- (5) the 45th alcoholic beverages district.
76+ (2) the 41st alcoholic beverages district; 17
6877
69- (c) The Board may issue:
78+ (3) the 43rd alcoholic beverages district; 18
7079
71- (14) a Class B–D–7 license in the 700 block of Washington Boulevard in the
72-40th alcoholic beverages district if:
80+ (4) the 44th alcoholic beverages district; and 19
7381
74- (i) average daily receipts from the sale of food are at least 65% of
75-the applicant’s total daily receipts;
82+ (5) the 45th alcoholic beverages district. 20
7683
77- (ii) the applicant executes a memorandum of understanding with a
78-community association;
84+ (c) The Board may issue: 21
7985
80- (iii) the applicant does not create a separate package goods
81-department;
86+ (14) a Class B–D–7 license in the 700 block of Washington Boulevard in the 22
87+40th alcoholic beverages district if: 23
8288
83- (iv) alcoholic beverages are served to patrons seated at tables; and
89+ (i) average daily receipts from the sale of food are at least 65% of 24
90+the applicant’s total daily receipts; 25
8491
85- (v) alcoholic beverages are served only with meals to patrons
86-provided with outdoor table service; [and]
92+ (ii) the applicant executes a memorandum of understanding with a 26
93+community association; 27
8794
88- (15) a Class B–D–7 license in the 300 block of North Charles Street in the
89-40th alcoholic beverages district to an establishment that has a minimum capital
90-investment, not including the cost of land and buildings, of $50,000 for the establishment’s
91-facilities; AND
95+ (iii) the applicant does not create a separate package goods 28
96+department; 29
97+ HOUSE BILL 886 3
9298
93- (16) A CLASS C BEER, WINE, AND LIQUOR LICENSE I N THE 3600 BLOCK
94-OF HICKORY AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT TO A HOL DER
95-OF A CLASS C BEER AND LIGHT WINE LICENSE; AND
96- WES MOORE, Governor Ch. 389
9799
98-– 3 –
99- (17) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I N THE 1200
100-BLOCK OF WEST NORTH AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT,
101-IF:
100+ (iv) alcoholic beverages are served to patrons seated at tables; and 1
102101
103- (I) THE APPLI CANT EXECUTES A MEMO RANDUM OF
104-UNDERSTANDING WITH T HE PENN NORTH COMMUNITY ASSOCIATION;
102+ (v) alcoholic beverages are served only with meals to patrons 2
103+provided with outdoor table service; [and] 3
105104
106- (II) ALCOHOLIC BEVERAGES ARE SOLD ONLY AS PAR T OF A GIFT
107-BASKET OR FLORAL ARR ANGEMENT ; AND
105+ (15) a Class B–D–7 license in the 300 block of North Charles Street in the 4
106+40th alcoholic beverages district to an establishment that has a minimum capital 5
107+investment, not including the cost of land and buildings, of $50,000 for the establishment’s 6
108+facilities; AND 7
108109
109- (III) THE APPLICANT DOES N OT HOLD OR APPLY FOR A CLASS
110-BWLT BEER, WINE, AND LIQUOR (ON–PREMISES) TASTING LICENSE .
110+ (16) A CLASS C BEER, WINE, AND LIQUOR LICENSE I N THE 3600 BLOCK 8
111+OF HICKORY AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT TO A HOL DER 9
112+OF A CLASS C BEER AND LIGHT WINE LICENSE; AND 10
111113
112-12–1605.
114+ (17) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I N THE 1200 11
115+BLOCK OF WEST NORTH AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT, 12
116+IF: 13
113117
114- (a) (1) (i) Except as otherwise provided in this subsection, a new license
115-may not be issued for and an existing license may not be moved to a building that is within
116-300 feet of the nearest point of the building of a place of worship or school.
118+ (I) THE APPLI CANT EXECUTES A MEMO RANDUM OF 14
119+UNDERSTANDING WITH T HE PENN NORTH COMMUNITY ASSOCIATION; 15
117120
118- (ii) In the 45th legislative district, a new Class A license of any type
119-may not be issued for a building that is within 500 feet of the nearest point of the building
120-of a place of worship or school.
121+ (II) ALCOHOLIC BEVERAGES ARE SOLD ONLY AS PAR T OF A GIFT 16
122+BASKET OR FLORAL ARR ANGEMENT ; AND 17
121123
122- (2) Paragraph (1)(i) of this subsection does not apply to:
124+ (III) THE APPLICANT DOES N OT HOLD OR APPLY FOR A CLASS 18
125+BWLT BEER, WINE, AND LIQUOR (ON–PREMISES) TASTING LICENSE . 19
123126
124- (i) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I SSUED
125-UNDER § 12–1603(C)(17) OF THIS SUBTITLE;
127+12–1605. 20
126128
127- (II) a Class B beer and wine license outside the 46th legislative
128-district;
129+ (a) (1) (i) Except as otherwise provided in this subsection, a new license 21
130+may not be issued for and an existing license may not be moved to a building that is within 22
131+300 feet of the nearest point of the building of a place of worship or school. 23
129132
130- [(ii)] (III) a Class B beer, wine, and liquor license outside the 46th
131-legislative district;
133+ (ii) In the 45th legislative district, a new Class A license of any type 24
134+may not be issued for a building that is within 500 feet of the nearest point of the building 25
135+of a place of worship or school. 26
132136
133- [(iii)] (IV) a Class B–D–7 license in the Old Goucher Revitalization
134-District under § 12–1603(e) of this subtitle;
137+ (2) Paragraph (1)(i) of this subsection does not apply to: 27
135138
136- [(iv)] (V) a Class C beer and wine license; and
139+ (i) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I SSUED 28
140+UNDER § 12–1603(C)(17) OF THIS SUBTITLE; 29
137141
138- [(v)] (VI) a Class C beer, wine, and liquor license.
142+ (II) a Class B beer and wine license outside the 46th legislative 30
143+district; 31
144+ 4 HOUSE BILL 886
139145
140-12–2005.
141146
142- (d) (1) This subsection does not apply to:
143- Ch. 389 2023 LAWS OF MARYLAND
147+ [(ii)] (III) a Class B beer, wine, and liquor license outside the 46th 1
148+legislative district; 2
144149
145-– 4 –
146- (i) a Class B beer and light wine (restaurant) license;
150+ [(iii)] (IV) a Class B–D–7 license in the Old Goucher Revitalization 3
151+District under § 12–1603(e) of this subtitle; 4
147152
148- (ii) a Class B beer, wine, and liquor (restaurant) license issued under
149-§ 12–1603(c)(1)(ii) of this title;
153+ [(iv)] (V) a Class C beer and wine license; and 5
150154
151- (iii) a Class B–BWL (H–M) license;
155+ [(v)] (VI) a Class C beer, wine, and liquor license. 6
152156
153- (iv) a Class C beer and wine license;
157+12–2005. 7
154158
155- (v) a Class C beer, wine, and liquor license;
159+ (d) (1) This subsection does not apply to: 8
156160
157- (vi) an arena license; or
161+ (i) a Class B beer and light wine (restaurant) license; 9
158162
159- (vii) a marketplace license.
163+ (ii) a Class B beer, wine, and liquor (restaurant) license issued under 10
164+§ 12–1603(c)(1)(ii) of this title; 11
160165
161- (2) For a license holder in the 40th alcoholic beverages district, the hours
162-of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.:
166+ (iii) a Class B–BWL (H–M) license; 12
163167
164- (i) within an area bounded:
168+ (iv) a Class C beer and wine license; 13
165169
166- 1. from the intersection of Reisterstown Road and Quantico
167-Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast
168-on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the
169-intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall
170-Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east
171-on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney
172-Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the
173-intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with
174-Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road,
175-southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on
176-Quantico Avenue to the intersection with Reisterstown Road; and
170+ (v) a Class C beer, wine, and liquor license; 14
177171
178- 2. from the intersection of Millington Avenue with Wilkens
179-Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue,
180-northeast on Frederick Avenue to the intersection with West Pratt Street, east on West
181-Pratt Street to the intersection with South Mount Street, south on South Mount Street to
182-the intersection with Eagle Street, southwest on Eagle Street to the intersection with South
183-Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens
184-Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue;
172+ (vi) an arena license; or 15
185173
186- (ii) within the area of West North Avenue between the [1300] 1000
187-block of West North Avenue and the 3200 block of West North Avenue, inclusive; and
174+ (vii) a marketplace license. 16
188175
189- (iii) for a license holder within 250 yards in any direction of the area
190-described in item (ii) of this paragraph.
191- WES MOORE, Governor Ch. 389
176+ (2) For a license holder in the 40th alcoholic beverages district, the hours 17
177+of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.: 18
192178
193-– 5 –
194- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
195-1, 2023.
179+ (i) within an area bounded: 19
196180
197-Approved by the Governor, May 3, 2023.
181+ 1. from the intersection of Reisterstown Road and Quantico 20
182+Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast 21
183+on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the 22
184+intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall 23
185+Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east 24
186+on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney 25
187+Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the 26
188+intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with 27
189+Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road, 28
190+southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on 29
191+Quantico Avenue to the intersection with Reisterstown Road; and 30
192+ HOUSE BILL 886 5
193+
194+
195+ 2. from the intersection of Millington Avenue with Wilkens 1
196+Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue, 2
197+northeast on Frederick Avenue to the intersection with West Pratt Street, east on West 3
198+Pratt Street to the intersection with South Mount Street, south on South Mount Street to 4
199+the intersection with Eagle Street, southwest on Eagle Street to the intersection with South 5
200+Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens 6
201+Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue; 7
202+
203+ (ii) within the area of West North Avenue between the [1300] 1000 8
204+block of West North Avenue and the 3200 block of West North Avenue, inclusive; and 9
205+
206+ (iii) for a license holder within 250 yards in any direction of the area 10
207+described in item (ii) of this paragraph. 11
208+
209+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
210+1, 2023. 13
211+
212+
213+
214+
215+Approved:
216+________________________________________________________________________________
217+ Governor.
218+________________________________________________________________________________
219+ Speaker of the House of Delegates.
220+________________________________________________________________________________
221+ President of the Senate.