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.
*sb0588*
SENATE BILL 588
A2 3lr2727
CF HB 886
By: Senator Hayes
Introduced and read first time: February 6, 2023
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2023
CHAPTER ______
AN ACT concerning 1
Baltimore City – 40th District – Alcoholic Beverages 2
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 3
issue a Class C beer, wine, and liquor license in a certain area of the 40th alcoholic 4
beverages district in Baltimore City under certain circumstances; prohibiting certain 5
license holders in certain areas of the 40th alcoholic beverages district from selling 6
alcoholic beverages at certain times of day; authorizing the Board to issue a Class 7
A–7 beer, wine, and liquor license in a certain area of the 40th alcoholic beverages 8
district in Baltimore City under certain circumstances; providing that a certain 9
license may be issued and an existing license may be moved to a building that is 10
within a certain distance of a place of worship or school under certain circumstances; 11
and generally relating to alcoholic beverages in Baltimore City. 12
BY repealing and reenacting, without amendments, 13
Article – Alcoholic Beverages 14
Section 12–102 and 12–1603(a) and (b), 12–1603(a) and (b), and 12–1605(a)(1) 15
Annotated Code of Maryland 16
(2016 Volume and 2022 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Alcoholic Beverages 19
Section 12–1603(c)(14) and (15), 12–1605(a)(2), and 12–2005(d) 20
Annotated Code of Maryland 21
(2016 Volume and 2022 Supplement) 22
2 SENATE BILL 588
BY adding to 1
Article – Alcoholic Beverages 2
Section 12–1603(c)(16) and (17) 3
Annotated Code of Maryland 4
(2016 Volume and 2022 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Alcoholic Beverages 8
12–102. 9
This title applies only in Baltimore City. 10
12–1603. 11
(a) The alcoholic beverages districts described in this section at all times are 12
coterminous with the legislative districts in the Legislative Districting Plan of 2012. 13
(b) Except as provided in subsection (c) of this section, the Board may not issue a 14
new license in: 15
(1) the 40th alcoholic beverages district; 16
(2) the 41st alcoholic beverages district; 17
(3) the 43rd alcoholic beverages district; 18
(4) the 44th alcoholic beverages district; and 19
(5) the 45th alcoholic beverages district. 20
(c) The Board may issue: 21
(14) a Class B–D–7 license in the 700 block of Washington Boulevard in the 22
40th alcoholic beverages district if: 23
(i) average daily receipts from the sale of food are at least 65% of 24
the applicant’s total daily receipts; 25
(ii) the applicant executes a memorandum of understanding with a 26
community association; 27
(iii) the applicant does not create a separate package goods 28
department; 29
SENATE BILL 588 3
(iv) alcoholic beverages are served to patrons seated at tables; and 1
(v) alcoholic beverages are served only with meals to patrons 2
provided with outdoor table service; [and] 3
(15) a Class B–D–7 license in the 300 block of North Charles Street in the 4
40th alcoholic beverages district to an establishment that has a minimum capital 5
investment, not including the cost of land and buildings, of $50,000 for the establishment’s 6
facilities; AND 7
(16) A CLASS C BEER, WINE, AND LIQUOR LICENSE I N THE 3600 BLOCK 8
OF HICKORY AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT TO A HOL DER 9
OF A CLASS C BEER AND LIGHT WINE LICENSE; AND 10
(17) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I N THE 1200 11
BLOCK OF WEST NORTH AVENUE IN THE 40TH ALCOHOLIC BEVERAG ES DISTRICT, 12
IF: 13
(I) THE APPLICANT EXECUTES A MEMORANDUM OF 14
UNDERSTANDING WITH T HE PENN NORTH COMMUNITY ASSOCIATION; 15
(II) ALCOHOLIC BEVERAGES ARE SOLD ONLY AS PAR T OF A GIFT 16
BASKET OR FLORAL ARR ANGEMENT ; AND 17
(III) THE APPLICANT DOES N OT HOLD OR APPLY FOR A CLASS 18
BWLT BEER, WINE, AND LIQUOR (ON–PREMISES) TASTING LICENSE . 19
12–1605. 20
(a) (1) (i) Except as otherwise provided in this subsection, a new license 21
may not be issued for and an existing license may not be moved to a building that is within 22
300 feet of the nearest point of the building of a place of worship or school. 23
(ii) In the 45th legislative district, a new Class A license of any type 24
may not be issued for a building that is within 500 feet of the nearest point of the building 25
of a place of worship or school. 26
(2) Paragraph (1)(i) of this subsection does not apply to: 27
(i) A CLASS A–7 BEER, WINE, AND LIQUOR LICENSE I SSUED 28
UNDER § 12–1603(C)(17) OF THIS SUBTITLE; 29
(II) a Class B beer and wine license outside the 46th legislative 30
district; 31
4 SENATE BILL 588
[(ii)] (III) a Class B beer, wine, and liquor license outside the 46th 1
legislative district; 2
[(iii)] (IV) a Class B–D–7 license in the Old Goucher Revitalization 3
District under § 12–1603(e) of this subtitle; 4
[(iv)] (V) a Class C beer and wine license; and 5
[(v)] (VI) a Class C beer, wine, and liquor license. 6
12–2005. 7
(d) (1) This subsection does not apply to: 8
(i) a Class B beer and light wine (restaurant) license; 9
(ii) a Class B beer, wine, and liquor (restaurant) license issued under 10
§ 12–1603(c)(1)(ii) of this title; 11
(iii) a Class B–BWL (H–M) license; 12
(iv) a Class C beer and wine license; 13
(v) a Class C beer, wine, and liquor license; 14
(vi) an arena license; or 15
(vii) a marketplace license. 16
(2) For a license holder in the 40th alcoholic beverages district, the hours 17
of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.: 18
(i) within an area bounded: 19
1. from the intersection of Reisterstown Road and Quantico 20
Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast 21
on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the 22
intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall 23
Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east 24
on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney 25
Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the 26
intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with 27
Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road, 28
southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on 29
Quantico Avenue to the intersection with Reisterstown Road; and 30
SENATE BILL 588 5
2. from the intersection of Millington Avenue with Wilkens 1
Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue, 2
northeast on Frederick Avenue to the intersection with West Pratt Street, east on West 3
Pratt Street to the intersection with South Mount Street, south on South Mount Street to 4
the intersection with Eagle Street, southwest on Eagle Street to the intersection with South 5
Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens 6
Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue; 7
(ii) within the area of West North Avenue between the [1300] 1000 8
block of West North Avenue and the 3200 block of West North Avenue, inclusive; and 9
(iii) for a license holder within 250 yards in any direction of the area 10
described in item (ii) of this paragraph. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2023. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.