WES MOORE, Governor Ch. 389
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Chapter 389
(House Bill 886)
AN ACT concerning
Baltimore City – 40th District – Alcoholic Beverages
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to
issue a Class C beer, wine, and liquor license in a certain area of the 40th alcoholic
beverages district in Baltimore City under certain circumstances; prohibiting certain
license holders in certain areas of the 40th alcoholic beverages district from selling
alcoholic beverages at certain times of day; authorizing the Board to issue a Class
A–7 beer, wine, and liquor license in a certain area of the 40th alcoholic beverages
district in Baltimore City under certain circumstances; providing that a certain
license may be issued and an existing license may be moved to a building that is
within a certain distance of a place of worship or school under certain circumstances;
and generally relating to alcoholic beverages in Baltimore City.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 12–102 and 12–1603(a) and (b), 12–1603(a) and (b), and 12–1605(a)(1)
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 12–1603(c)(14) and (15), 12–1605(a)(2), and 12–2005(d)
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY adding to
Article – Alcoholic Beverages
Section 12–1603(c)(16) and (17)
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
12–102.
This title applies only in Baltimore City.
12–1603. Ch. 389 2023 LAWS OF MARYLAND
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(a) The alcoholic beverages districts described in this section at all times are
coterminous with the legislative districts in the Legislative Districting Plan of 2012.
(b) Except as provided in subsection (c) of this section, the Board may not issue a
new license in:
(1) the 40th alcoholic beverages district;
(2) the 41st alcoholic beverages district;
(3) the 43rd alcoholic beverages district;
(4) the 44th alcoholic beverages district; and
(5) the 45th alcoholic beverages district.
(c) The Board may issue:
(14) a Class B–D–7 license in the 700 block of Washington Boulevard in the
40th alcoholic beverages district if:
(i) average daily receipts from the sale of food are at least 65% of
the applicant’s total daily receipts;
(ii) the applicant executes a memorandum of understanding with a
community association;
(iii) the applicant does not create a separate package goods
department;
(iv) alcoholic beverages are served to patrons seated at tables; and
(v) alcoholic beverages are served only with meals to patrons
provided with outdoor table service; [and]
(15) a Class B–D–7 license in the 300 block of North Charles Street in the
40th alcoholic beverages district to an establishment that has a minimum capital
investment, not including the cost of land and buildings, of $50,000 for the establishment’s
facilities; AND
(16) A CLASS C BEER, WINE, AND LIQUOR LICENSE I N THE 3600 BLOCK
OF HICKORY AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT TO A HOL DER
OF A CLASS C BEER AND LIGHT WINE LICENSE; AND
WES MOORE, Governor Ch. 389
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(17) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I N THE 1200
BLOCK OF WEST NORTH AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT,
IF:
(I) THE APPLI CANT EXECUTES A MEMO RANDUM OF
UNDERSTANDING WITH T HE PENN NORTH COMMUNITY ASSOCIATION;
(II) ALCOHOLIC BEVERAGES ARE SOLD ONLY AS PAR T OF A GIFT
BASKET OR FLORAL ARR ANGEMENT ; AND
(III) THE APPLICANT DOES N OT HOLD OR APPLY FOR A CLASS
BWLT BEER, WINE, AND LIQUOR (ON–PREMISES) TASTING LICENSE .
12–1605.
(a) (1) (i) Except as otherwise provided in this subsection, a new license
may not be issued for and an existing license may not be moved to a building that is within
300 feet of the nearest point of the building of a place of worship or school.
(ii) In the 45th legislative district, a new Class A license of any type
may not be issued for a building that is within 500 feet of the nearest point of the building
of a place of worship or school.
(2) Paragraph (1)(i) of this subsection does not apply to:
(i) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I SSUED
UNDER § 12–1603(C)(17) OF THIS SUBTITLE;
(II) a Class B beer and wine license outside the 46th legislative
district;
[(ii)] (III) a Class B beer, wine, and liquor license outside the 46th
legislative district;
[(iii)] (IV) a Class B–D–7 license in the Old Goucher Revitalization
District under § 12–1603(e) of this subtitle;
[(iv)] (V) a Class C beer and wine license; and
[(v)] (VI) a Class C beer, wine, and liquor license.
12–2005.
(d) (1) This subsection does not apply to:
Ch. 389 2023 LAWS OF MARYLAND
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(i) a Class B beer and light wine (restaurant) license;
(ii) a Class B beer, wine, and liquor (restaurant) license issued under
§ 12–1603(c)(1)(ii) of this title;
(iii) a Class B–BWL (H–M) license;
(iv) a Class C beer and wine license;
(v) a Class C beer, wine, and liquor license;
(vi) an arena license; or
(vii) a marketplace license.
(2) For a license holder in the 40th alcoholic beverages district, the hours
of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.:
(i) within an area bounded:
1. from the intersection of Reisterstown Road and Quantico
Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast
on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the
intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall
Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east
on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney
Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the
intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with
Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road,
southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on
Quantico Avenue to the intersection with Reisterstown Road; and
2. from the intersection of Millington Avenue with Wilkens
Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue,
northeast on Frederick Avenue to the intersection with West Pratt Street, east on West
Pratt Street to the intersection with South Mount Street, south on South Mount Street to
the intersection with Eagle Street, southwest on Eagle Street to the intersection with South
Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens
Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue;
(ii) within the area of West North Avenue between the [1300] 1000
block of West North Avenue and the 3200 block of West North Avenue, inclusive; and
(iii) for a license holder within 250 yards in any direction of the area
described in item (ii) of this paragraph.
WES MOORE, Governor Ch. 389
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
Approved by the Governor, May 3, 2023.