MD
Maryland Senate Bill SB607

Maryland 2023 Regular Session

Maryland Senate Bill SB607 Compare Versions

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1- WES MOORE, Governor Ch. 294
21
3-– 1 –
4-Chapter 294
5-(Senate Bill 607)
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+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0607*
810
9-Baltimore City – Alcoholic Beverages – 46th Alcoholic Beverages District –
10-Revisions
11+SENATE BILL 607
12+A2 (3lr1890)
13+ENROLLED BILL
14+— Finance/Economic Matters —
15+Introduced by Senator Ferguson
1116
12-FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to
13-approve a certain license expansion under certain circumstances; authorizing the
14-establishment and conversion of various alcoholic beverages licenses in the 46th
15-alcoholic beverages district in Baltimore City; altering certain seating capacity
16-requirements for a certain establishment located in a certain area in the 46th
17-alcoholic beverage district; extending for a certain amount of time the expiration of
18-an alcoholic beverages license licenses issued for a certain area areas for the certain
19-transferal and renewal purposes of transferring the license to another owner at the
20-same location; and generally relating to alcoholic beverages in Baltimore City.
17+Read and Examined by Proofreaders:
2118
22-BY repealing and reenacting, without amendments,
23- Article – Alcoholic Beverages
24-Section 12–102 and 12–1604(a) and (b)
25- Annotated Code of Maryland
26- (2016 Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2723
28-BY repealing and reenacting, with amendments,
29- Article – Alcoholic Beverages
30-Section 12–104, 12–1604(c) and (g), and 12–1706(d)
31- Annotated Code of Maryland
32- (2016 Volume and 2022 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3325
34-BY adding to
35- Article – Alcoholic Beverages
36-Section 12–1604.1
37- Annotated Code of Maryland
38- (2016 Volume and 2022 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3927
40-BY repealing and reenacting, with amendments,
41- The Charter of Baltimore City
42- Article II – General Powers
43- Section (61)(b)(1)
44- (2007 Replacement Volume, as amended)
45- (As enacted by Chapter 36 of the Acts of the General Assembly of 2022)
28+______________________________________________
29+President.
4630
47- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
48-That the Laws of Maryland read as follows:
49- Ch. 294 2023 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52-Article – Alcoholic Beverages
33+AN ACT concerning 1
5334
54-12–102.
35+Baltimore City – Alcoholic Beverages – 46th Alcoholic Beverages District – 2
36+Revisions 3
5537
56- This title applies only in Baltimore City.
38+FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 4
39+approve a certain license expansion under certain circumstances; authorizing the 5
40+establishment and conversion of various alcoholic beverages licenses in the 46th 6
41+alcoholic beverages district in Baltimore City; altering certain seating capacity 7
42+requirements for a certain establishment located in a certain area in the 46th 8
43+alcoholic beverage district; extending for a certain amount of time the expiration of 9
44+an alcoholic beverages license licenses issued for a certain area areas for the certain 10
45+transferal and renewal purposes of transferring the license to another owner at the 11
46+same location; and generally relating to alcoholic beverages in Baltimore City. 12
5747
58-12–104.
48+BY repealing and reenacting, without amendments, 13
49+ Article – Alcoholic Beverages 14 2 SENATE BILL 607
5950
60- (a) To be considered a restaurant, an establishment shall meet the requirements
61-of this section.
6251
63- (b) An establishment shall have average daily receipts from the sale of food that
64-are at least 40% of its total daily receipts.
52+Section 12–102 and 12–1604(a) and (b) 1
53+ Annotated Code of Maryland 2
54+ (2016 Volume and 2022 Supplement) 3
6555
66- (c) The Board may not consider as food an ingredient or a garnish used with or
67-mixed with an alcoholic beverage that is prepared and served for on–premises consumption.
56+BY repealing and reenacting, with amendments, 4
57+ Article – Alcoholic Beverages 5
58+Section 12–104, 12–1604(c) and (g), and 12–1706(d) 6
59+ Annotated Code of Maryland 7
60+ (2016 Volume and 2022 Supplement) 8
6861
69- (d) (1) The Board may waive the food requirement specified under subsection
70-(b) of this section for a restaurant owned and operated by a nonprofit organization in the
71-area bounded by South Ellwood Avenue on the west, Bank Street on the north, South
72-Bouldin Street on the east, and Fleet Street on the south.
62+BY adding to 9
63+ Article – Alcoholic Beverages 10
64+Section 12–1604.1 11
65+ Annotated Code of Maryland 12
66+ (2016 Volume and 2022 Supplement) 13
7367
74- (2) FOR A LICENSE THAT ME ETS THE QUALIFICATIO NS UNDER
75-PARAGRAPH (1) OF THIS SUBSECTION , THE BOARD MAY APPROVE AN EXPANSION OF
76-THE LICENSED PREMISES ONTO A NONC ONTIGUOUS PROPERTY W ITH A SECOND
77-SEPARATE USE PERMIT ISSUED BY THE CITY, IF THE SECOND SEPARA TE USE PERMIT
78-SPECIFICALLY REFERS TO THE ALCOHOLIC BEV ERAGES LICENSE AT TH E PRIMARY
79-LOCATION.
68+BY repealing and reenacting, with amendments, 14
69+ The Charter of Baltimore City 15
70+ Article II – General Powers 16
71+ Section (61)(b)(1) 17
72+ (2007 Replacement Volume, as amended) 18
73+ (As enacted by Chapter 36 of the Acts of the General Assembly of 2022) 19
8074
81-12–1604.
75+ SECTION 1. BE IT ENACTED BY T HE GENERAL ASSEMBLY OF MARYLAND, 20
76+That the Laws of Maryland read as follows: 21
8277
83- (a) This section applies only to the 46th alcoholic beverages district, which at all
84-times is coterminous with the 46th legislative district in the Legislative Districting Plan of
85-2012.
78+Article – Alcoholic Beverages 22
8679
87- (b) Except as provided in subsections (c), (d), and (i) of this section, the Board may
88-not issue a new license in the 46th alcoholic beverages district.
80+12–102. 23
8981
90- (c) (1) The Board may issue:
82+ This title applies only in Baltimore City. 24
9183
92- (i) a 1–day license; and
84+12–104. 25
9385
94- (ii) except as provided in paragraph (2) of this subsection, and
95-subject to paragraphs (3) and (4) of this subsection, a Class B beer, wine, and liquor license WES MOORE, Governor Ch. 294
86+ (a) To be considered a restaurant, an establishment shall meet the requirements 26
87+of this section. 27
9688
97-– 3 –
98-for use by a restaurant if the average daily receipts from the sale of food are at least 51%
99-of the total daily receipts of the restaurant.
89+ (b) An establishment shall have average daily receipts from the sale of food that 28
90+are at least 40% of its total daily receipts. 29
10091
101- (2) The Board may issue a Class B beer, wine, and liquor license:
92+ (c) The Board may not consider as food an ingredient or a garnish used with or 30
93+mixed with an alcoholic beverage that is prepared and served for on–premises consumption. 31
10294
103- (i) for a restaurant in ward 26, precinct 8, ward 4, precinct 1, or
104-ward 3, precinct 3 that has:
95+ (d) (1) The Board may waive the food requirement specified under subsection 32
96+(b) of this section for a restaurant owned and operated by a nonprofit organization in the 33
97+area bounded by South Ellwood Avenue on the west, Bank Street on the north, South 34
98+Bouldin Street on the east, and Fleet Street on the south. 35 SENATE BILL 607 3
10599
106- 1. seating for more than 150 individuals;
107100
108- 2. a minimum capital investment of $700,000; and
109101
110- 3. subject to paragraph (3) of this subsection, average daily
111-receipts from the sale of food that are at least 65% of the total daily receipts of the
112-restaurant;
102+ (2) FOR A LICENSE THAT ME ETS THE QUALIFICATIO NS UNDER 1
103+PARAGRAPH (1) OF THIS SUBSECTION , THE BOARD MAY APPROVE AN EXPANSION OF 2
104+THE LICENSED PREMISES ON TO A NONCONTIGUOUS P ROPERTY WITH A SECON D 3
105+SEPARATE USE PERMIT ISSUED BY THE CITY, IF THE SECOND SEPARA TE USE PERMIT 4
106+SPECIFICALLY REFERS TO THE ALCOHOLIC BEV ERAGES LICENSE AT TH E PRIMARY 5
107+LOCATION. 6
113108
114- (ii) for a restaurant in ward 4, precinct 1, or ward 22, precinct 1, if
115-the restaurant has:
109+12–1604. 7
116110
117- 1. seating for more than 75 individuals;
111+ (a) This section applies only to the 46th alcoholic beverages district, which at all 8
112+times is coterminous with the 46th legislative district in the Legislative Districting Plan of 9
113+2012. 10
118114
119- 2. a minimum capital investment of $700,000;
115+ (b) Except as provided in subsections (c), (d), and (i) of this section, the Board may 11
116+not issue a new license in the 46th alcoholic beverages district. 12
120117
121- 3. average daily receipts from the sale of food that are at
122-least 65% of the total daily receipts of the restaurant; and
118+ (c) (1) The Board may issue: 13
123119
124- 4. except as provided in paragraph (5) of this subsection, no
125-sales for off–premises consumption;
120+ (i) a 1–day license; and 14
126121
127- (iii) for not more than three restaurants in a residential planned unit
128-development for Silo Point as approved by the Mayor and City Council of Baltimore City in
129-Ordinance 04–697 on June 23, 2004, if each restaurant has:
122+ (ii) except as provided in paragraph (2) of this subsection, and 15
123+subject to paragraphs (3) and (4) of this subsection, a Class B beer, wine, and liquor license 16
124+for use by a restaurant if the average daily receipts from the sale of food are at least 51% 17
125+of the total daily receipts of the restaurant. 18
130126
131- 1. a minimum capital investment of $700,000;
127+ (2) The Board may issue a Class B beer, wine, and liquor license: 19
132128
133- 2. seating for more than 75 individuals;
129+ (i) for a restaurant in ward 26, precinct 8, ward 4, precinct 1, or 20
130+ward 3, precinct 3 that has: 21
134131
135- 3. average daily receipts from the sale of food that are at
136-least 65% of the total daily receipts of the restaurant; and
132+ 1. seating for more than 150 individuals; 22
137133
138- 4. except as provided in paragraph (5) of this subsection, no
139-sales for off–premises consumption;
134+ 2. a minimum capital investment of $700,000; and 23
140135
141- (iv) for not more than three restaurants in a business planned unit
142-development in ward 24, precinct 5, if each restaurant:
143- Ch. 294 2023 LAWS OF MARYLAND
136+ 3. subject to paragraph (3) of this subsection, average daily 24
137+receipts from the sale of food that are at least 65% of the total daily receipts of the 25
138+restaurant; 26
144139
145-– 4 –
146- 1. has a minimum capital investment of $700,000;
140+ (ii) for a restaurant in ward 4, precinct 1, or ward 22, precinct 1, if 27
141+the restaurant has: 28
147142
148- 2. has seating for more than 75 individuals, but not more
149-than 150 individuals;
143+ 1. seating for more than 75 individuals; 29
150144
151- 3. has average daily receipts from the sale of food that are at
152-least 51% of the total daily receipts of the restaurant; and
145+ 2. a minimum capital investment of $700,000; 30
146+ 4 SENATE BILL 607
153147
154- 4. except as provided in paragraph (5) of this subsection, may
155-not sell for off–premises consumption;
156148
157- (v) for a restaurant in the area that is commonly known as Port
158-Covington, bounded on the north by Interstate 95, on the east by the South Locust Point
159-Terminal, and on the south and west by the Patapsco River, and that has:
149+ 3. average daily receipts from the sale of food that are at 1
150+least 65% of the total daily receipts of the restaurant; and 2
160151
161- 1. seating for more than 150 individuals;
152+ 4. except as provided in paragraph (5) of this subsection, no 3
153+sales for off–premises consumption; 4
162154
163- 2. a minimum capital investment of $700,000; and
155+ (iii) for not more than three restaurants in a residential planned unit 5
156+development for Silo Point as approved by the Mayor and City Council of Baltimore City in 6
157+Ordinance 04–697 on June 23, 2004, if each restaurant has: 7
164158
165- 3. subject to paragraph (3) of this subsection, average daily
166-receipts from the sale of food that are at least 60% of the total daily receipts of the
167-restaurant; [and]
159+ 1. a minimum capital investment of $700,000; 8
168160
169- (vi) for a restaurant in Unit G of 3700 Toone Street in ward 26,
170-precinct 8, if the restaurant has:
161+ 2. seating for more than 75 individuals; 9
171162
172- 1. seating for at least 75 individuals;
163+ 3. average daily receipts from the sale of food that are at 10
164+least 65% of the total daily receipts of the restaurant; and 11
173165
174- 2. a minimum capital investment of $700,000;
166+ 4. except as provided in paragraph (5) of this subsection, no 12
167+sales for off–premises consumption; 13
175168
176- 3. average daily receipts for the sale of food that are at least
177-65% of the total daily receipts of the restaurant; and
169+ (iv) for not more than three restaurants in a business planned unit 14
170+development in ward 24, precinct 5, if each restaurant: 15
178171
179- 4. has executed a memorandum of understanding with
180-Brewer’s Hill Neighbors, Inc.; AND
172+ 1. has a minimum capital investment of $700,000; 16
181173
182- (VII) FOR A RESTAURANT IN THE AREA BOUNDED ON THE NORTH
183-BY EASTERN AVENUE, ON THE EAST BY SOUTH DUNCAN STREET, ON THE SOUTH BY
184-FLEET STREET, AND ON THE WEST BY SOUTH CHESTER STREET, IF THE
185-RESTAURAN T HAS:
174+ 2. has seating for more than 75 individuals, but not more 17
175+than 150 individuals; 18
186176
187- 1. A PHYSICAL DUCKPIN BOWLING ALLE Y; AND
177+ 3. has average daily receipts from the sale of food that are at 19
178+least 51% of the total daily receipts of the restaurant; and 20
188179
189- 2. A MINIMUM CAPITAL IN VESTMENT OF $500,000,
190-EXCLUDING RESIDENTIA L IMPROVEMENTS . WES MOORE, Governor Ch. 294
180+ 4. except as provided in paragraph (5) of this subsection, may 21
181+not sell for off–premises consumption; 22
191182
192-– 5 –
183+ (v) for a restaurant in the area that is commonly known as Port 23
184+Covington, bounded on the north by Interstate 95, on the east by the South Locust Point 24
185+Terminal, and on the south and west by the Patapsco River, and that has: 25
193186
194- (3) When a license is renewed, the license holder shall file with the Board
195-a statement of average daily receipts and an affidavit of a licensed certified public
196-accountant that verify that the license holder has met the requirement under paragraph
197-(1)(ii) or (2)(i)3 or (v)3 of this subsection.
187+ 1. seating for more than 150 individuals; 26
198188
199- (4) (i) A license may not be issued under paragraph (1)(ii) of this
200-subsection for use in an establishment that is a fast–food–style restaurant.
189+ 2. a minimum capital investment of $700,000; and 27
201190
202- (ii) A license issued under paragraph (1)(ii) of this subsection may
203-not be transferred from the location of its first issuance.
191+ 3. subject to paragraph (3) of this subsection, average daily 28
192+receipts from the sale of food that are at least 60% of the total daily receipts of the 29
193+restaurant; [and] 30
194+ SENATE BILL 607 5
204195
205- (5) The Board may issue a Class B beer, wine, and liquor license for a
206-restaurant in ward 21, precinct 4:
207196
208- (I) in the 1400 block of Warner Street that has:
197+ (vi) for a restaurant in Unit G of 3700 Toone Street in ward 26, 1
198+precinct 8, if the restaurant has: 2
209199
210- (i) 1. seating for more than 150 individuals;
200+ 1. seating for at least 75 individuals; 3
211201
212- (ii) 2. average daily receipts from the sale of food that are at
213-least 40% of the total daily receipts of the restaurant; and
202+ 2. a minimum capital investment of $700,000; 4
214203
215- (iii) 3. no sales for off–premises consumption; AND
204+ 3. average daily receipts for the sale of food that are at least 5
205+65% of the total daily receipts of the restaurant; and 6
216206
217- (II) IN THE 1300 BLOCK OF WARNER STREET THAT HAS :
207+ 4. has executed a memorandum of understanding with 7
208+Brewer’s Hill Neighbors, Inc.; AND 8
218209
219- 1. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD
220-THAT ARE AT LEAST 40% OF THE TOTAL DAILY R ECEIPTS OF THE RESTAURANT ,
221-UNLESS THE LICENSE H OLDER OFFERS FOOD TR UCK OPTIONS ON THE L ICENSED
222-PREMISES, IN WHICH CASE THE AV ERAGE DAILY RECEIPTS FROM THE SALE OF FOO D
223-MAY BE AT LEAST 20% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; AND
210+ (VII) FOR A RESTAURANT IN THE AREA BOUNDED ON THE NORTH 9
211+BY EASTERN AVENUE, ON THE EAST BY SOUTH DUNCAN STREET, ON THE SOUTH BY 10
212+FLEET STREET, AND ON THE WEST BY SOUTH CHESTER STREET, IF THE 11
213+RESTAURANT HAS : 12
224214
225- 2. NO SALES FOR OFF –PREMISES CONSUMPTION .
215+ 1. A PHYSICAL DUCKPIN BOWLING ALLE Y; AND 13
226216
227- (6) A license specified under this subsection, including a license that does
228-not allow sales for off–premises consumption, may include an off–sale privilege for sales of
229-refillable containers under a refillable container license issued in accordance with §
230-12–1102 of this title.
217+ 2. A MINIMUM CAPITAL IN VESTMENT OF $500,000, 14
218+EXCLUDING RESIDENTIA L IMPROVEMENTS . 15
231219
232- (7) A LICENSE ISSUED UNDER PARAGRAPH (2)(VII) OF THIS
233-SUBSECTION:
220+ (3) When a license is renewed, the license holder shall file with the Board 16
221+a statement of average daily receipts and an affidavit of a licensed certified public 17
222+accountant that verify that the license holder has met the requirement under paragraph 18
223+(1)(ii) or (2)(i)3 or (v)3 of this subsection. 19
234224
235- (I) IS NOT REQUIRED TO H AVE A MINIMUM AMOUNT OF
236-SEATING FOR PATRONS OR A MINIMUM AMOUNT OF FOOD SALES TO MAI NTAIN
237-LICENSURE; AND Ch. 294 2023 LAWS OF MARYLAND
225+ (4) (i) A license may not be issued under paragraph (1)(ii) of this 20
226+subsection for use in an establishment that is a fast–food–style restaurant. 21
238227
239-– 6 –
228+ (ii) A license issued under paragraph (1)(ii) of this subsection may 22
229+not be transferred from the location of its first issuance. 23
240230
241- (II) MAY NOT BE TRANSFERR ED FROM THE LOCATION OF ITS
242-FIRST ISSUANCE.
231+ (5) The Board may issue a Class B beer, wine, and liquor license for a 24
232+restaurant in ward 21, precinct 4: 25
243233
244- (g) (1) Notwithstanding subsection (c)(1) and (2) of this section, the Board may
245-not issue a Class B beer, wine, and liquor restaurant license in:
234+ (I) in the 1400 block of Warner Street that has: 26
246235
247- [(1)] (I) the area covered by the Key Highway East Industrial Area Urban
248-Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance
249-986 on June 29, 1987;
236+ (i) 1. seating for more than 150 individuals; 27
250237
251- [(2)] (II) the area covered by the Key Highway Urban Renewal Plan, as
252-adopted by the Mayor and City Council of Baltimore City in Ordinance 622 on March 12,
253-1986;
238+ (ii) 2. average daily receipts from the sale of food that are at 28
239+least 40% of the total daily receipts of the restaurant; and 29
254240
255- [(3) (i)] (III) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF
256-THIS SUBSECTION , ward 1, precinct 4 or 5;
241+ (iii) 3. no sales for off–premises consumption; AND 30
242+ 6 SENATE BILL 607
257243
258- [(ii)] 2. ward 23, precinct 1; and
259244
260- [(iii)] 3. ward 24, precinct 5; and
245+ (II) IN THE 1300 BLOCK OF WARNER STREET THAT HAS : 1
261246
262- [(4)] (IV) the area known as Pen Lucy, ward 9, precincts 1 and 2.
247+ 1. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD 2
248+THAT ARE AT LEAST 40% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT, 3
249+UNLESS THE LICENSE H OLDER OFFERS FOOD TR UCK OPTIONS ON THE L ICENSED 4
250+PREMISES, IN WHICH CASE THE AV ERAGE DAILY RECEIPTS FROM THE SA LE OF FOOD 5
251+MAY BE AT LEAST 20% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; AND 6
263252
264- (2) (I) THE BOARD MAY ISSUE ONE CLASS B BEER, WINE, AND
265-LIQUOR LICENSE FOR A RESTAURANT IN WARD 1, PRECINCT 4, IN THE 2700 BLOCK
266-OF BOSTON STREET THAT HAS :
253+ 2. NO SALES FOR OFF –PREMISES CONSUMPTION . 7
267254
268- 1. SEATING FOR MORE THA N 75 INDIVIDUALS;
255+ (6) A license specified under this subsection, including a license that does 8
256+not allow sales for off–premises consumption, may include an off–sale privilege for sales of 9
257+refillable containers under a refillable container license issued in accordance with § 10
258+12–1102 of this title. 11
269259
270- 2. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD
271-THAT ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT;
260+ (7) A LICENSE ISSUED UNDER PARAGRAPH (2)(VII) OF THIS 12
261+SUBSECTION: 13
272262
273- 3. A MINIMUM CAPITAL IN VESTMENT OF AT LEAST
274-$700,000 FOR RESTAURANT FACIL ITIES; AND
263+ (I) IS NOT REQUIRED TO HAVE A MINIMUM AMOUNT OF 14
264+SEATING FOR PATRONS OR A MINIMUM AMOUNT OF FOOD SALES TO MAI NTAIN 15
265+LICENSURE; AND 16
275266
276- 4. EXECUTED A MEMORANDU M OF UNDERSTANDING
277-WITH THE CANTON COMMUNITY ASSOCIATION.
267+ (II) MAY NOT BE TRANSFERR ED FROM THE LOCATION OF ITS 17
268+FIRST ISSUANCE. 18
278269
279- (II) THE LICENSE DESCRIBED IN THIS PARAGRAPH MA Y NOT:
270+ (g) (1) Notwithstanding subsection (c)(1) and (2) of this section, the Board may 19
271+not issue a Class B beer, wine, and liquor restaurant license in: 20
280272
281- 1. EXCEPT FOR DELIVERY TO A VESSEL DOCKED A T AN
282-ADJACENT MARINA , BE USED FOR OFF –PREMISES SALES ; OR
283- WES MOORE, Governor Ch. 294
273+ [(1)] (I) the area covered by the Key Highway East Industrial Area Urban 21
274+Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance 22
275+986 on June 29, 1987; 23
284276
285-– 7 –
286- 2. BE TRANSFERRED FROM THE LOCATION OF ITS
287-ORIGINAL ISSUANCE.
277+ [(2)] (II) the area covered by the Key Highway Urban Renewal Plan, as 24
278+adopted by the Mayor and City Council of Baltimore City in Ordinance 622 on March 12, 25
279+1986; 26
288280
289-12–1604.1.
281+ [(3) (i)] (III) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF 27
282+THIS SUBSECT ION, ward 1, precinct 4 or 5; 28
290283
291- (A) THIS SECTION APPLIES ONLY TO A LICENSE HO LDER OF A CLASS D
292-BEER AND LIGHT WINE LICENSE FOR USE IN T HE 46TH ALCOHOLIC BEVERAG ES
293-DISTRICT.
284+ [(ii)] 2. ward 23, precinct 1; and 29
294285
295- (B) (1) A LICENSE HOLDER WHO H OLDS A VALID CLASS D BEER AND
296-LIGHT WINE LICENSE M AY APPLY TO THE BOARD TO CONVERT THE LICENSE TO A
297-CLASS D BEER, WINE, AND LIQUOR LICENSE I F THE LICENSE HOLDER :
286+ [(iii)] 3. ward 24, precinct 5; and 30
298287
299- (I) 1. MAINTAINS AVERAGE DA ILY RECEIPTS FROM TH E
300-SALE OF FOOD THAT AR E AT LEAST 51% OF ITS TOTAL DAILY R ECEIPTS;
288+ [(4)] (IV) the area known as Pen Lucy, ward 9, precincts 1 and 2. 31
289+ SENATE BILL 607 7
301290
302- (II) 2. EXECUTES A MEMORANDU M OF UNDERSTANDING
303-WITH THE RELEVANT LO CAL NEIGHBORHOOD ASS OCIATION AS DETERMIN ED BY THE
304-BOARD;
305291
306- (III) 3. OPERATES A LOCATION WITH NOT MORE THAN 75
307-SEATS; AND
292+ (2) (I) THE BOARD MAY ISSUE ONE CLASS B BEER, WINE, AND 1
293+LIQUOR LICENSE FOR A RESTAURANT IN WARD 1, PRECINCT 4, IN THE 2700 BLOCK 2
294+OF BOSTON STREET THAT HAS : 3
308295
309- (IV) 4. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN
310-ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE; OR
296+ 1. SEATING FOR MORE THA N 75 INDIVIDUALS; 4
311297
312- (II) 1. HOLDS A LICENSE THAT WAS ORIGINALLY ISSUE D BY
313-THE BOARD UNDER § 12–1604(I) OF THIS SUBTITLE; AND
298+ 2. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD 5
299+THAT ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; 6
314300
315- 2. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN
316-ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE.
301+ 3. A MINIMUM CAPITAL IN VESTMENT OF AT LEAST 7
302+$700,000 FOR RESTAURANT FACIL ITIES; AND 8
317303
318- (2) IF A CLASS D BEER AND LIGHT WINE LICENSE IS CONVERTED TO
319-A CLASS D BEER, WINE, AND LIQUOR LICENSE U NDER PARAGRAPH (1) OF THIS
320-SUBSECTION, THE CLASS D BEER, WINE, AND LIQUOR LICENSE :
304+ 4. EXECUTED A MEMORANDU M OF UNDERSTANDING 9
305+WITH THE CANTON COMMUNITY ASSOCIATION. 10
321306
322- (I) MAY NOT BE TRANSFERR ED TO A NEW LOCATION ; AND
307+ (II) THE LICENSE DESCRIBED IN THIS PARAGRAPH MA Y NOT: 11
323308
324- (II) IS SUBJECT TO TH E REQUIREMENTS OF PA RAGRAPH (1) OF
325-THIS SUBSECTION .
309+ 1. EXCEPT FOR DELIVERY TO A VESSEL DOCKED AT A N 12
310+ADJACENT MARINA , BE USED FOR OFF –PREMISES SALES ; OR 13
326311
327- (C) A HOLDER OF A LICENSE CONVERTED UNDER THIS SECTION MAY SELL
328-BEER, WINE, AND LIQUOR MONDAY THROUGH SUNDAY FROM 6 A.M. UNTIL 1 A.M. THE
329-FOLLOWING DAY . Ch. 294 2023 LAWS OF MARYLAND
312+ 2. BE TRANSFERRED FROM THE LOCATION OF ITS 14
313+ORIGINAL ISSUANCE . 15
330314
331-– 8 –
315+12–1604.1. 16
332316
333- (C) (D) AN APPLICATION TO CON VERT A CLASS D BEER AND LIGHT WINE
334-LICENSE UNDER SUBSEC TION (B)(1) OF THIS SECTION IS A TRANSFER SUBJECT TO
335-THE PROVISIONS OF § 12–1701(B)(1) § 12–1701 OF THIS TITLE.
317+ (A) THIS SECTION APPLIES ONLY TO A LICENSE HO LDER OF A CLASS D 17
318+BEER AND LIGHT WINE LICENSE FOR USE IN THE 46TH ALCOHOLIC BEVERAG ES 18
319+DISTRICT. 19
336320
337-12–1706.
321+ (B) (1) A LICENSE HOLDER WHO H OLDS A VALID CLASS D BEER AND 20
322+LIGHT WINE LICENSE M AY APPLY TO THE BOARD TO CONVERT THE LICENSE TO A 21
323+CLASS D BEER, WINE, AND LIQUOR LICENSE I F THE LICENSE HOLDER : 22
338324
339- (d) (1) Except as provided in paragraph (2) of this subsection, a license may
340-not be transferred into or within:
325+ (I) 1. MAINTAINS AVERAGE DAILY RECEIP TS FROM THE 23
326+SALE OF FOOD THAT AR E AT LEAST 51% OF ITS TOTAL DAILY R ECEIPTS; 24
341327
342- (i) ward 1, precincts 2 and 3;
328+ (II) 2. EXECUTES A MEMORANDU M OF UNDERSTANDING 25
329+WITH THE RELEVANT LO CAL NEIGHBORHOOD ASS OCIATION AS DETERMIN ED BY THE 26
330+BOARD; 27
343331
344- (ii) ward 2 in its entirety;
332+ (III) 3. OPERATES A LOCATION WITH NOT MO RE THAN 75 28
333+SEATS; AND 29
334+ 8 SENATE BILL 607
345335
346- (iii) ward 3, precinct 3; and
347336
348- (iv) ward 26, precincts 3 and 10.
337+ (IV) 4. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN 1
338+ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE; OR 2
349339
350- (2) This subsection does not apply to an application for a new license or a
351-transfer from within the areas described in paragraph (1) of this subsection if the new
352-license or transfer is for:
340+ (II) 1. HOLDS A LICENSE THAT WAS ORIGINALLY ISSUE D BY 3
341+THE BOARD UNDER § 12–1604(I) OF THIS SUBTITLE; AND 4
353342
354- (i) a hotel;
343+ 2. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN 5
344+ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE. 6
355345
356- (ii) an establishment located in a planned unit development if the
357-application for the planned unit development was filed or approved before December 31,
358-1995;
346+ (2) IF A CLASS D BEER AND LIGHT WINE LICENSE IS CONVERTED TO 7
347+A CLASS D BEER, WINE, AND LIQUOR LICENSE U NDER PARAGRAPH (1) OF THIS 8
348+SUBSECTION, THE CLASS D BEER, WINE, AND LIQUOR LICENSE : 9
359349
360- (iii) an establishment located in an area governed by the Inner
361-Harbor East Urban Renewal Plan; or
350+ (I) MAY NOT BE TRANSFERR ED TO A NEW LOCATION ; AND 10
362351
363- (iv) an establishment that has:
352+ (II) IS SUBJECT TO THE RE QUIREMENTS OF PARAGR APH (1) OF 11
353+THIS SUBSECTION . 12
364354
365- 1. a seating capacity of fewer than 150 individuals; [or]
355+ (C) A HOLDER OF A LICENSE CONVERTED UNDER THIS SECTION MAY SEL L 13
356+BEER, WINE, AND LIQUOR MONDAY THROUGH SUNDAY FROM 6 A.M. UNTIL 1 A.M. THE 14
357+FOLLOWING DAY . 15
366358
367- 2. average daily receipts from the sale of food that are at
368-least 51% of the total daily receipts of the establishment; OR
359+ (C) (D) AN APPLICATION TO CON VERT A CLASS D BEER AND LIGHT WINE 16
360+LICENSE UNDER SUBSEC TION (B)(1) OF THIS SECTION IS A TRANSFER SUBJECT TO 17
361+THE PROVISIONS OF § 12–1701(B)(1) § 12–1701 OF THIS TITLE. 18
369362
370- 3. A SEATING CAPACITY O F FEWER THAN 200
371-INDIVIDUALS ONLY IF THE ESTABLISHMENT IS WITHIN WARD 3, PRECINCT 3.
363+12–1706. 19
372364
373-The Charter of Baltimore City
365+ (d) (1) Except as provided in paragraph (2) of this subsection, a license may 20
366+not be transferred into or within: 21
374367
375-Article II – General Powers
376- WES MOORE, Governor Ch. 294
368+ (i) ward 1, precincts 2 and 3; 22
377369
378-– 9 –
379- The Mayor and City Council of Baltimore shall have full power and authority to
380-exercise all of the powers heretofore or hereafter granted to it by the Constitution of Maryland
381-or by any Public General or Public Local Laws of the State of Maryland; and in particular,
382-without limitation upon the foregoing, shall have power by ordinance, or such other method
383-as may be provided for in its Charter, subject to the provisions of said Constitution and
384-Public General Laws:
370+ (ii) ward 2 in its entirety; 23
385371
386-(61)
372+ (iii) ward 3, precinct 3; and 24
387373
388- (b) (1) As provided by ordinance, the Authority shall enter into a contract with
389-the Baltimore Police Department to hire two POLICE officers [of the Baltimore Police
390-Department] to exclusively patrol the 400 unit block of Baltimore Street and the unit block
391-of Custom House Avenue between the hours of 10 p.m. and 3 a.m. on the Thursday, Friday,
392-and Saturday of each week.
374+ (iv) ward 26, precincts 3 and 10. 25
393375
394- SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding:
376+ (2) This subsection does not apply to an application for a new license or a 26
377+transfer from within the areas described in paragraph (1) of this subsection if the new 27
378+license or transfer is for: 28
395379
396- (a) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class
397-B–D–7 license issued for a premises in the 4300 block of East Lombard Street shall be
398-considered unexpired until the end of July 1, 2024, for the purposes of being transferred to
399-another owner at the same location.
380+ (i) a hotel; 29
381+ SENATE BILL 607 9
400382
401- (b) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class B beer,
402-wine, and liquor license issued for a premises in the unit block of South Decker Street shall
403-be considered unexpired until the end of July 1, 2024, for the purpose of completing a transfer
404-of ownership and renewal at the same location.
405383
406- (c) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class C beer
407-and light wine license issued for a premises in the 6700 block of Youngstown Avenue shall
408-be considered unexpired until the end of July 1, 2024, for the purpose of being renewed to
409-the current license year by the licensee.
384+ (ii) an establishment located in a planned unit development if the 1
385+application for the planned unit development was filed or approved before December 31, 2
386+1995; 3
410387
411- (d) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class B beer,
412-wine, and liquor license issued for a premises on the odd side of the 900 block of South Bond
413-Street shall be considered unexpired until the end of July 1, 2024, for the purpose of being
414-renewed to the current license year and transferred to a different applicant at the same
415-location, if the applicant enters into a memorandum of understanding with the Fells Point
416-Neighborhood Association.
388+ (iii) an establishment located in an area governed by the Inner 4
389+Harbor East Urban Renewal Plan; or 5
417390
418- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
419-1, 2023. Section 2 of this Act shall remain effective for a period of 1 year and 1 month and,
420-at the end of June 30, 2024, Section 2 of this Act, with no further action required by the
421-General Assembly, shall be abrogated and of no further force and effect.
391+ (iv) an establishment that has: 6
422392
423-Approved by the Governor, May 3, 2023.
393+ 1. a seating capacity of fewer than 150 individuals; [or] 7
394+
395+ 2. average daily receipts from the sale of food that are at 8
396+least 51% of the total daily receipts of the establishment; OR 9
397+
398+ 3. A SEATING CAPACITY OF FEWER THAN 200 10
399+INDIVIDUALS ONLY IF THE ESTABLISHMENT IS WITHIN WARD 3, PRECINCT 3. 11
400+
401+The Charter of Baltimore City 12
402+
403+Article II – General Powers 13
404+
405+ The Mayor and City Council of Baltimore shall have full power and authority to 14
406+exercise all of the powers heretofore or hereafter granted to it by the Constitution of Maryland 15
407+or by any Public General or Public Local Laws of the State of Maryland; and in particular, 16
408+without limitation upon the foregoing, shall have power by ordinance, or such other method 17
409+as may be provided for in its Charter, subject to the provisions of said Constitution and 18
410+Public General Laws: 19
411+
412+(61) 20
413+
414+ (b) (1) As provided by ordinance, the Authority shall enter into a contract with 21
415+the Baltimore Police Department to hire two POLICE officers [of the Baltimore Police 22
416+Department] to exclusively patrol the 400 unit block of Baltimore Street and the unit block 23
417+of Custom House Avenue between the hours of 10 p.m. and 3 a.m. on the Thursday, Friday, 24
418+and Saturday of each week. 25
419+
420+ SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding: 26
421+
422+ (a) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class 27
423+B–D–7 license issued for a premises in the 4300 block of East Lombard Street shall be 28
424+considered unexpired until the end of July 1, 2024, for the purposes of being transferred to 29
425+another owner at the same location. 30
426+
427+ (b) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class B beer, 31
428+wine, and liquor license issued for a premises in the unit block of South Decker Street shall 32 10 SENATE BILL 607
429+
430+
431+be considered unexpired until the end of July 1, 2024, for the purpose of completing a transfer 1
432+of ownership and renewal at the same location. 2
433+
434+ (c) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class C beer 3
435+and light wine license issued for a premises in the 6700 block of Youngstown Avenue shall 4
436+be considered unexpired until the end of July 1, 2024, for the purpose of being renewed to 5
437+the current license year by the licensee. 6
438+
439+ (d) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class B beer, 7
440+wine, and liquor license issued for a premises on the odd side of the 900 block of South Bond 8
441+Street shall be considered unexpired until the end of July 1, 2024, for the purpose of being 9
442+renewed to the current license year and transferred to a different applicant at the same 10
443+location, if the applicant enters into a memorandum of understanding with the Fells Point 11
444+Neighborhood Association. 12
445+
446+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13
447+1, 2023. Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, 14
448+at the end of June 30, 2024, Section 2 of this Act, with no further action required by the 15
449+General Assembly, shall be abrogated and of no further force and effect. 16
450+
451+
452+
453+
454+Approved:
455+________________________________________________________________________________
456+ Governor.
457+________________________________________________________________________________
458+ President of the Senate.
459+________________________________________________________________________________
460+ Speaker of the House of Delegates.