EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0917*
HOUSE BILL 917
A2 (3lr1892)
ENROLLED BILL
— Economic Matters/Finance —
Introduced by Delegates Clippinger, Edelson, and R. Lewis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Baltimore City – Alcoholic Beverages – 46th Alcoholic Beverages District – 2
Revisions 3
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 4
approve a certain license expansion under certain circumstances; authorizing the 5
establishment and conversion of various alcoholic beverages licenses in the 46th 6
alcoholic beverages district in Baltimore City; altering certain seating capacity 7
requirements for a certain establishment located in a certain area in the 46th 8
alcoholic beverage district; extending for a certain amount of time the expiration of 9
an alcoholic beverages license licenses issued for a certain area areas for the certain 10
transferal and renewal purposes of transferring the license to another owner at the 11
same location; and generally relating to alcoholic beverages in Baltimore City. 12
BY repealing and reenacting, without amendments, 13
Article – Alcoholic Beverages 14 2 HOUSE BILL 917
Section 12–102 and 12–1604(a) and (b) 1
Annotated Code of Maryland 2
(2016 Volume and 2022 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Alcoholic Beverages 5
Section 12–104, 12–1604(c) and (g), and 12–1706(d) 6
Annotated Code of Maryland 7
(2016 Volume and 2022 Supplement) 8
BY adding to 9
Article – Alcoholic Beverages 10
Section 12–1604.1 11
Annotated Code of Maryland 12
(2016 Volume and 2022 Supplement) 13
BY repealing and reenacting, with amendments, 14
The Charter of Baltimore City 15
Article II – General Powers 16
Section (61)(b)(1) 17
(2007 Replacement Volume, as amended) 18
(As enacted by Chapter 36 of the Acts of the General Assembly of 2022) 19
SECTION 1. BE IT ENACTED BY T HE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Alcoholic Beverages 22
12–102. 23
This title applies only in Baltimore City. 24
12–104. 25
(a) To be considered a restaurant, an establishment shall meet the requirements 26
of this section. 27
(b) An establishment shall have average daily receipts from the sale of food that 28
are at least 40% of its total daily receipts. 29
(c) The Board may not consider as food an ingredient or a garnish used with or 30
mixed with an alcoholic beverage that is prepared and served for on–premises consumption. 31
(d) (1) The Board may waive the food requirement specified under subsection 32
(b) of this section for a restaurant owned and operated by a nonprofit organization in the 33
area bounded by South Ellwood Avenue on the west, Bank Street on the north, South 34
Bouldin Street on the east, and Fleet Street on the south. 35 HOUSE BILL 917 3
(2) FOR A LICENSE THAT ME ETS THE QUALIFICATIO NS UNDER 1
PARAGRAPH (1) OF THIS SUBSECTION , THE BOARD MAY APPROVE AN EXPANSION OF 2
THE LICENSED PREMISES ON TO A NONCONTIGUOUS P ROPERTY WITH A SECON D 3
SEPARATE USE PERMIT ISSUED BY THE CITY, IF THE SECOND SEPARA TE USE PERMIT 4
SPECIFICALLY REFERS TO THE ALCOHOLIC BEV ERAGES LICENSE AT TH E PRIMARY 5
LOCATION. 6
12–1604. 7
(a) This section applies only to the 46th alcoholic beverages district, which at all 8
times is coterminous with the 46th legislative district in the Legislative Districting Plan of 9
2012. 10
(b) Except as provided in subsections (c), (d), and (i) of this section, the Board may 11
not issue a new license in the 46th alcoholic beverages district. 12
(c) (1) The Board may issue: 13
(i) a 1–day license; and 14
(ii) except as provided in paragraph (2) of this subsection, and 15
subject to paragraphs (3) and (4) of this subsection, a Class B beer, wine, and liquor license 16
for use by a restaurant if the average daily receipts from the sale of food are at least 51% 17
of the total daily receipts of the restaurant. 18
(2) The Board may issue a Class B beer, wine, and liquor license: 19
(i) for a restaurant in ward 26, precinct 8, ward 4, precinct 1, or 20
ward 3, precinct 3 that has: 21
1. seating for more than 150 individuals; 22
2. a minimum capital investment of $700,000; and 23
3. subject to paragraph (3) of this subsection, average daily 24
receipts from the sale of food that are at least 65% of the total daily receipts of the 25
restaurant; 26
(ii) for a restaurant in ward 4, precinct 1, or ward 22, precinct 1, if 27
the restaurant has: 28
1. seating for more than 75 individuals; 29
2. a minimum capital investment of $700,000; 30
4 HOUSE BILL 917
3. average daily receipts from the sale of food that are at 1
least 65% of the total daily receipts of the restaurant; and 2
4. except as provided in paragraph (5) of this subsection, no 3
sales for off–premises consumption; 4
(iii) for not more than three restaurants in a residential planned unit 5
development for Silo Point as approved by the Mayor and City Council of Baltimore City in 6
Ordinance 04–697 on June 23, 2004, if each restaurant has: 7
1. a minimum capital investment of $700,000; 8
2. seating for more than 75 individuals; 9
3. average daily receipts from the sale of food that are at 10
least 65% of the total daily receipts of the restaurant; and 11
4. except as provided in paragraph (5) of this subsection, no 12
sales for off–premises consumption; 13
(iv) for not more than three restaurants in a business planned unit 14
development in ward 24, precinct 5, if each restaurant: 15
1. has a minimum capital investment of $700,000; 16
2. has seating for more than 75 individuals, but not more 17
than 150 individuals; 18
3. has average daily receipts from the sale of food that are at 19
least 51% of the total daily receipts of the restaurant; and 20
4. except as provided in paragraph (5) of this subsection, may 21
not sell for off–premises consumption; 22
(v) for a restaurant in the area that is commonly known as Port 23
Covington, bounded on the north by Interstate 95, on the east by the South Locust Point 24
Terminal, and on the south and west by the Patapsco River, and that has: 25
1. seating for more than 150 individuals; 26
2. a minimum capital investment of $700,000; and 27
3. subject to paragraph (3) of this subsection, average daily 28
receipts from the sale of food that are at least 60% of the total daily receipts of the 29
restaurant; [and] 30
HOUSE BILL 917 5
(vi) for a restaurant in Unit G of 3700 Toone Street in ward 26, 1
precinct 8, if the restaurant has: 2
1. seating for at least 75 individuals; 3
2. a minimum capital investment of $700,000; 4
3. average daily receipts for the sale of food that are at least 5
65% of the total daily receipts of the restaurant; and 6
4. has executed a memorandum of understanding with 7
Brewer’s Hill Neighbors, Inc.; AND 8
(VII) FOR A RESTAURANT IN THE AREA BOUNDED ON THE NORTH 9
BY EASTERN AVENUE, ON THE EAST BY SOUTH DUNCAN STREET, ON THE SOUTH BY 10
FLEET STREET, AND ON THE WEST BY SOUTH CHESTER STREET, IF THE 11
RESTAURANT HAS : 12
1. A PHYSICAL DUCKPIN BOWLING ALLE Y; AND 13
2. A MINIMUM CAPITAL IN VESTMENT OF $500,000, 14
EXCLUDING RESIDENTIA L IMPROVEMENTS . 15
(3) When a license is renewed, the license holder shall file with the Board 16
a statement of average daily receipts and an affidavit of a licensed certified public 17
accountant that verify that the license holder has met the requirement under paragraph 18
(1)(ii) or (2)(i)3 or (v)3 of this subsection. 19
(4) (i) A license may not be issued under paragraph (1)(ii) of this 20
subsection for use in an establishment that is a fast–food–style restaurant. 21
(ii) A license issued under paragraph (1)(ii) of this subsection may 22
not be transferred from the location of its first issuance. 23
(5) The Board may issue a Class B beer, wine, and liquor license for a 24
restaurant in ward 21, precinct 4: 25
(I) in the 1400 block of Warner Street that has: 26
(i) 1. seating for more than 150 individuals; 27
(ii) 2. average daily receipts from the sale of food that are at 28
least 40% of the total daily receipts of the restaurant; and 29
(iii) 3. no sales for off–premises consumption; AND 30
6 HOUSE BILL 917
(II) IN THE 1300 BLOCK OF WARNER STREET THAT HAS : 1
1. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD 2
THAT ARE AT LEAST 40% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT, 3
UNLESS THE LICENSE H OLDER OFFERS FOOD TR UCK OPTIONS ON THE L ICENSED 4
PREMISES, IN WHICH CASE THE AV ERAGE DAILY RECEIPTS FR OM THE SALE OF FOOD 5
MAY BE AT LEAST 20% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; AND 6
2. NO SALES FOR OFF –PREMISES CONSUMPTION . 7
(6) A license specified under this subsection, including a license that does 8
not allow sales for off–premises consumption, may include an off–sale privilege for sales of 9
refillable containers under a refillable container license issued in accordance with § 10
12–1102 of this title. 11
(7) A LICENSE ISSUED UNDER PARAGRAPH (2)(VII) OF THIS 12
SUBSECTION: 13
(I) IS NOT REQUIRED TO H AVE A MINIMUM AMOUNT OF 14
SEATING FOR PATRONS OR A MINIMUM AMOUNT OF FOOD SALES TO MAI NTAIN 15
LICENSURE; AND 16
(II) MAY NOT BE TRANSFERR ED FROM THE LOCATION OF ITS 17
FIRST ISSUANCE. 18
(g) (1) Notwithstanding subsection (c)(1) and (2) of this section, the Board may 19
not issue a Class B beer, wine, and liquor restaurant license in: 20
[(1)] (I) the area covered by the Key Highway East Industrial Area Urban 21
Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance 22
986 on June 29, 1987; 23
[(2)] (II) the area covered by the Key Highway Urban Renewal Plan, as 24
adopted by the Mayor and City Council of Baltimore City in Ordinance 622 on March 12, 25
1986; 26
[(3) (i)] (III) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF 27
THIS SUBSECTION , ward 1, precinct 4 or 5; 28
[(ii)] 2. ward 23, precinct 1; and 29
[(iii)] 3. ward 24, precinct 5; and 30
[(4)] (IV) the area known as Pen Lucy, ward 9, precincts 1 and 2. 31
HOUSE BILL 917 7
(2) (I) THE BOARD MAY ISSUE ONE CLASS B BEER, WINE, AND 1
LIQUOR LICENSE FOR A RESTAURANT IN WARD 1, PRECINCT 4, ON THE EVEN SIDE OF 2
IN THE 2700 BLOCK OF BOSTON STREET THAT HAS : 3
1. SEATING FOR MORE THA N 75 INDIVIDUALS; 4
2. AVERAGE DAILY RECEIP TS FROM THE SA LE OF FOOD 5
THAT ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; 6
3. A MINIMUM CAPITAL IN VESTMENT OF AT LEAST 7
$700,000 FOR RESTAURANT FACIL ITIES; AND 8
4. EXECUTED A MEMORANDU M OF UNDERSTANDING 9
WITH THE CANTON COMMUNITY ASSOCIATION. 10
(II) THE LICENSE DESCRIBED IN THIS PARAGRAPH MA Y NOT: 11
1. EXCEPT FOR DELIVERY TO A VESSEL DOCKED A T AN 12
ADJACENT MARINA , BE USED FOR OFF –PREMISES SALES ; OR 13
2. BE TRANSFERRED FROM THE LOCATION OF ITS 14
ORIGINAL ISSUANCE . 15
12–1604.1. 16
(A) THIS SECTION APPLIES ONLY TO A LICENSE HOLDER OF A CLASS D 17
BEER AND LIGHT WINE LICENSE FOR USE IN T HE 46TH ALCOHOLIC BEVERAG ES 18
DISTRICT. 19
(B) (1) A LICENSE HOLDER WHO H OLDS A VALID CLASS D BEER AND 20
LIGHT WINE LICENSE M AY APPLY TO THE BOARD TO CONVERT THE LICENSE TO A 21
CLASS D BEER, WINE, AND LIQUOR LICENSE I F THE LICENSE HOLDER : 22
(I) 1. MAINTAINS AVERAGE DA ILY RECEIPTS FROM TH E 23
SALE OF FOOD THAT AR E AT LEAST 51% OF ITS TOTAL DAILY R ECEIPTS; 24
(II) 2. EXECUTES A MEMORANDU M OF UNDERSTANDING 25
WITH THE RELEVANT LOCAL NEIGHBORHOOD A SSOCIATION AS DETERM INED BY THE 26
BOARD; 27
(III) 3. OPERATES A LOCATION WITH NOT MORE THAN 75 28
SEATS; AND 29
8 HOUSE BILL 917
(IV) 4. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN 1
ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE; OR 2
(II) 1. HOLDS A LICENSE THAT WAS ORIGINALLY ISSUE D BY 3
THE BOARD UNDER § 12–1604(I) OF THIS SUBTITLE; AND 4
2. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN 5
ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE. 6
(2) IF A CLASS D BEER AND LIGHT WINE LICENSE IS CONVERTED TO 7
A CLASS D BEER, WINE, AND LIQUOR LICENSE U NDER PARAGRAPH (1) OF THIS 8
SUBSECTION, THE CLASS D BEER, WINE, AND LIQUOR LICENSE : 9
(I) MAY NOT BE TRANSFERR ED TO A NEW LOCATION ; AND 10
(II) IS SUBJECT TO THE RE QUIREMENTS OF PARAGR APH (1) OF 11
THIS SUBSECTION . 12
(C) A HOLDER OF A LICENSE CONVERTED UNDER THIS SECTION MAY SELL 13
BEER, WINE, AND LIQUOR MONDAY THROUGH SUNDAY FROM 6 A.M. UNTIL 1 A.M. THE 14
FOLLOWING DAY . 15
(C) (D) AN APPLICATION TO CON VERT A CLASS D BEER AND LIGHT WINE 16
LICENSE UNDER SUBSEC TION (B)(1) OF THIS SECTION IS A TRANSFER SUBJECT TO 17
THE PROVISIONS OF § 12–1701(B)(1) § 12–1701 OF THIS TITLE. 18
12–1706. 19
(d) (1) Except as provided in paragraph (2) of this subsection, a license may 20
not be transferred into or within: 21
(i) ward 1, precincts 2 and 3; 22
(ii) ward 2 in its entirety; 23
(iii) ward 3, precinct 3; and 24
(iv) ward 26, precincts 3 and 10. 25
(2) This subsection does not apply to an application for a new license or a 26
transfer from within the areas described in paragraph (1) of this subsection if the new 27
license or transfer is for: 28
(i) a hotel; 29
HOUSE BILL 917 9
(ii) an establishment located in a planned unit development if the 1
application for the planned unit development was filed or approved before December 31, 2
1995; 3
(iii) an establishment located in an area governed by the Inner 4
Harbor East Urban Renewal Plan; or 5
(iv) an establishment that has: 6
1. a seating capacity of fewer than 150 individuals; [or] 7
2. average daily receipts from the sale of food that are at 8
least 51% of the total daily receipts of the establishment; OR 9
3. A SEATING CAPACITY O F FEWER THAN 200 10
INDIVIDUALS ONLY IF THE ESTABLISHMENT IS WITHIN WARD 3, PRECINCT 3. 11
The Charter of Baltimore City 12
Article II – General Powers 13
The Mayor and City Council of Baltimore shall have full power and authority to 14
exercise all of the powers heretofore or hereafter granted to it by the Constitution of Maryland 15
or by any Public General or Public Local Laws of the State of Maryland; and in particular, 16
without limitation upon the foregoing, shall have power by ordinance, or such other method 17
as may be provided for in its Charter, subject to the provisions of said Constitution and 18
Public General Laws: 19
(61) 20
(b) (1) As provided by ordinance, the Authority shall enter into a contract with 21
the Baltimore Police Department to hire two POLICE officers [of the Baltimore Police 22
Department] to exclusively patrol the 400 unit block of Baltimore Street and the unit block 23
of Custom House Avenue between the hours of 10 p.m. and 3 a.m. on the Thursday, Friday, 24
and Saturday of each week. 25
SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding: 26
(a) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class 27
B–D–7 license issued for a premises in the 4300 block of East Lombard Street shall be 28
considered unexpired until the end of July 1, 2024, for the purposes of being transferred to 29
another owner at the same location. 30
(b) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class B beer, 31
wine, and liquor license issued for a premises in the unit block of South Decker Street shall 32 10 HOUSE BILL 917
be considered unexpired until the end of July 1, 2024, for the purpose of completing a transfer 1
of ownership and renewal at the same location. 2
(c) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class C beer 3
and light wine license issued for a premises in the 6700 block of Youngstown Avenue shall 4
be considered unexpired until the end of July 1, 2024, for the purpose of being renewed to 5
the current license year by the licensee. 6
(d) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class B beer, 7
wine, and liquor license issued for a premises on the odd side of the 900 block of South Bond 8
Street shall be considered unexpired until the end of July 1, 2024, for the purpose of being 9
renewed to the current license year and transferred to a different applicant at the same 10
location, if the applicant enters into a memorandum of understanding with the Fells Point 11
Neighborhood Association. 12
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
1, 2023. Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, 14
at the end of June 30, 2024, Section 2 of this Act, with no further action required by the 15
General Assembly, shall be abrogated and of no further force and effect. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.