WES MOORE, Governor Ch. 294
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Chapter 294
(Senate Bill 607)
AN ACT concerning
Baltimore City – Alcoholic Beverages – 46th Alcoholic Beverages District –
Revisions
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to
approve a certain license expansion under certain circumstances; authorizing the
establishment and conversion of various alcoholic beverages licenses in the 46th
alcoholic beverages district in Baltimore City; altering certain seating capacity
requirements for a certain establishment located in a certain area in the 46th
alcoholic beverage district; extending for a certain amount of time the expiration of
an alcoholic beverages license licenses issued for a certain area areas for the certain
transferal and renewal purposes of transferring the license to another owner at the
same location; and generally relating to alcoholic beverages in Baltimore City.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages
Section 12–102 and 12–1604(a) and (b)
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages
Section 12–104, 12–1604(c) and (g), and 12–1706(d)
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY adding to
Article – Alcoholic Beverages
Section 12–1604.1
Annotated Code of Maryland
(2016 Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
The Charter of Baltimore City
Article II – General Powers
Section (61)(b)(1)
(2007 Replacement Volume, as amended)
(As enacted by Chapter 36 of the Acts of the General Assembly of 2022)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Ch. 294 2023 LAWS OF MARYLAND
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Article – Alcoholic Beverages
12–102.
This title applies only in Baltimore City.
12–104.
(a) To be considered a restaurant, an establishment shall meet the requirements
of this section.
(b) An establishment shall have average daily receipts from the sale of food that
are at least 40% of its total daily receipts.
(c) The Board may not consider as food an ingredient or a garnish used with or
mixed with an alcoholic beverage that is prepared and served for on–premises consumption.
(d) (1) The Board may waive the food requirement specified under subsection
(b) of this section for a restaurant owned and operated by a nonprofit organization in the
area bounded by South Ellwood Avenue on the west, Bank Street on the north, South
Bouldin Street on the east, and Fleet Street on the south.
(2) FOR A LICENSE THAT ME ETS THE QUALIFICATIO NS UNDER
PARAGRAPH (1) OF THIS SUBSECTION , THE BOARD MAY APPROVE AN EXPANSION OF
THE LICENSED PREMISES ONTO A NONC ONTIGUOUS PROPERTY W ITH A SECOND
SEPARATE USE PERMIT ISSUED BY THE CITY, IF THE SECOND SEPARA TE USE PERMIT
SPECIFICALLY REFERS TO THE ALCOHOLIC BEV ERAGES LICENSE AT TH E PRIMARY
LOCATION.
12–1604.
(a) This section applies only to the 46th alcoholic beverages district, which at all
times is coterminous with the 46th legislative district in the Legislative Districting Plan of
2012.
(b) Except as provided in subsections (c), (d), and (i) of this section, the Board may
not issue a new license in the 46th alcoholic beverages district.
(c) (1) The Board may issue:
(i) a 1–day license; and
(ii) except as provided in paragraph (2) of this subsection, and
subject to paragraphs (3) and (4) of this subsection, a Class B beer, wine, and liquor license WES MOORE, Governor Ch. 294
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for use by a restaurant if the average daily receipts from the sale of food are at least 51%
of the total daily receipts of the restaurant.
(2) The Board may issue a Class B beer, wine, and liquor license:
(i) for a restaurant in ward 26, precinct 8, ward 4, precinct 1, or
ward 3, precinct 3 that has:
1. seating for more than 150 individuals;
2. a minimum capital investment of $700,000; and
3. subject to paragraph (3) of this subsection, average daily
receipts from the sale of food that are at least 65% of the total daily receipts of the
restaurant;
(ii) for a restaurant in ward 4, precinct 1, or ward 22, precinct 1, if
the restaurant has:
1. seating for more than 75 individuals;
2. a minimum capital investment of $700,000;
3. average daily receipts from the sale of food that are at
least 65% of the total daily receipts of the restaurant; and
4. except as provided in paragraph (5) of this subsection, no
sales for off–premises consumption;
(iii) for not more than three restaurants in a residential planned unit
development for Silo Point as approved by the Mayor and City Council of Baltimore City in
Ordinance 04–697 on June 23, 2004, if each restaurant has:
1. a minimum capital investment of $700,000;
2. seating for more than 75 individuals;
3. average daily receipts from the sale of food that are at
least 65% of the total daily receipts of the restaurant; and
4. except as provided in paragraph (5) of this subsection, no
sales for off–premises consumption;
(iv) for not more than three restaurants in a business planned unit
development in ward 24, precinct 5, if each restaurant:
Ch. 294 2023 LAWS OF MARYLAND
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1. has a minimum capital investment of $700,000;
2. has seating for more than 75 individuals, but not more
than 150 individuals;
3. has average daily receipts from the sale of food that are at
least 51% of the total daily receipts of the restaurant; and
4. except as provided in paragraph (5) of this subsection, may
not sell for off–premises consumption;
(v) for a restaurant in the area that is commonly known as Port
Covington, bounded on the north by Interstate 95, on the east by the South Locust Point
Terminal, and on the south and west by the Patapsco River, and that has:
1. seating for more than 150 individuals;
2. a minimum capital investment of $700,000; and
3. subject to paragraph (3) of this subsection, average daily
receipts from the sale of food that are at least 60% of the total daily receipts of the
restaurant; [and]
(vi) for a restaurant in Unit G of 3700 Toone Street in ward 26,
precinct 8, if the restaurant has:
1. seating for at least 75 individuals;
2. a minimum capital investment of $700,000;
3. average daily receipts for the sale of food that are at least
65% of the total daily receipts of the restaurant; and
4. has executed a memorandum of understanding with
Brewer’s Hill Neighbors, Inc.; AND
(VII) FOR A RESTAURANT IN THE AREA BOUNDED ON THE NORTH
BY EASTERN AVENUE, ON THE EAST BY SOUTH DUNCAN STREET, ON THE SOUTH BY
FLEET STREET, AND ON THE WEST BY SOUTH CHESTER STREET, IF THE
RESTAURAN T HAS:
1. A PHYSICAL DUCKPIN BOWLING ALLE Y; AND
2. A MINIMUM CAPITAL IN VESTMENT OF $500,000,
EXCLUDING RESIDENTIA L IMPROVEMENTS . WES MOORE, Governor Ch. 294
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(3) When a license is renewed, the license holder shall file with the Board
a statement of average daily receipts and an affidavit of a licensed certified public
accountant that verify that the license holder has met the requirement under paragraph
(1)(ii) or (2)(i)3 or (v)3 of this subsection.
(4) (i) A license may not be issued under paragraph (1)(ii) of this
subsection for use in an establishment that is a fast–food–style restaurant.
(ii) A license issued under paragraph (1)(ii) of this subsection may
not be transferred from the location of its first issuance.
(5) The Board may issue a Class B beer, wine, and liquor license for a
restaurant in ward 21, precinct 4:
(I) in the 1400 block of Warner Street that has:
(i) 1. seating for more than 150 individuals;
(ii) 2. average daily receipts from the sale of food that are at
least 40% of the total daily receipts of the restaurant; and
(iii) 3. no sales for off–premises consumption; AND
(II) IN THE 1300 BLOCK OF WARNER STREET THAT HAS :
1. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD
THAT ARE AT LEAST 40% OF THE TOTAL DAILY R ECEIPTS OF THE RESTAURANT ,
UNLESS THE LICENSE H OLDER OFFERS FOOD TR UCK OPTIONS ON THE L ICENSED
PREMISES, IN WHICH CASE THE AV ERAGE DAILY RECEIPTS FROM THE SALE OF FOO D
MAY BE AT LEAST 20% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; AND
2. NO SALES FOR OFF –PREMISES CONSUMPTION .
(6) A license specified under this subsection, including a license that does
not allow sales for off–premises consumption, may include an off–sale privilege for sales of
refillable containers under a refillable container license issued in accordance with §
12–1102 of this title.
(7) A LICENSE ISSUED UNDER PARAGRAPH (2)(VII) OF THIS
SUBSECTION:
(I) IS NOT REQUIRED TO H AVE A MINIMUM AMOUNT OF
SEATING FOR PATRONS OR A MINIMUM AMOUNT OF FOOD SALES TO MAI NTAIN
LICENSURE; AND Ch. 294 2023 LAWS OF MARYLAND
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(II) MAY NOT BE TRANSFERR ED FROM THE LOCATION OF ITS
FIRST ISSUANCE.
(g) (1) Notwithstanding subsection (c)(1) and (2) of this section, the Board may
not issue a Class B beer, wine, and liquor restaurant license in:
[(1)] (I) the area covered by the Key Highway East Industrial Area Urban
Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance
986 on June 29, 1987;
[(2)] (II) the area covered by the Key Highway Urban Renewal Plan, as
adopted by the Mayor and City Council of Baltimore City in Ordinance 622 on March 12,
1986;
[(3) (i)] (III) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF
THIS SUBSECTION , ward 1, precinct 4 or 5;
[(ii)] 2. ward 23, precinct 1; and
[(iii)] 3. ward 24, precinct 5; and
[(4)] (IV) the area known as Pen Lucy, ward 9, precincts 1 and 2.
(2) (I) THE BOARD MAY ISSUE ONE CLASS B BEER, WINE, AND
LIQUOR LICENSE FOR A RESTAURANT IN WARD 1, PRECINCT 4, IN THE 2700 BLOCK
OF BOSTON STREET THAT HAS :
1. SEATING FOR MORE THA N 75 INDIVIDUALS;
2. AVERAGE DAILY RECEIP TS FROM THE SALE OF FOOD
THAT ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT;
3. A MINIMUM CAPITAL IN VESTMENT OF AT LEAST
$700,000 FOR RESTAURANT FACIL ITIES; AND
4. EXECUTED A MEMORANDU M OF UNDERSTANDING
WITH THE CANTON COMMUNITY ASSOCIATION.
(II) THE LICENSE DESCRIBED IN THIS PARAGRAPH MA Y NOT:
1. EXCEPT FOR DELIVERY TO A VESSEL DOCKED A T AN
ADJACENT MARINA , BE USED FOR OFF –PREMISES SALES ; OR
WES MOORE, Governor Ch. 294
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2. BE TRANSFERRED FROM THE LOCATION OF ITS
ORIGINAL ISSUANCE.
12–1604.1.
(A) THIS SECTION APPLIES ONLY TO A LICENSE HO LDER OF A CLASS D
BEER AND LIGHT WINE LICENSE FOR USE IN T HE 46TH ALCOHOLIC BEVERAG ES
DISTRICT.
(B) (1) A LICENSE HOLDER WHO H OLDS A VALID CLASS D BEER AND
LIGHT WINE LICENSE M AY APPLY TO THE BOARD TO CONVERT THE LICENSE TO A
CLASS D BEER, WINE, AND LIQUOR LICENSE I F THE LICENSE HOLDER :
(I) 1. MAINTAINS AVERAGE DA ILY RECEIPTS FROM TH E
SALE OF FOOD THAT AR E AT LEAST 51% OF ITS TOTAL DAILY R ECEIPTS;
(II) 2. EXECUTES A MEMORANDU M OF UNDERSTANDING
WITH THE RELEVANT LO CAL NEIGHBORHOOD ASS OCIATION AS DETERMIN ED BY THE
BOARD;
(III) 3. OPERATES A LOCATION WITH NOT MORE THAN 75
SEATS; AND
(IV) 4. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN
ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE; OR
(II) 1. HOLDS A LICENSE THAT WAS ORIGINALLY ISSUE D BY
THE BOARD UNDER § 12–1604(I) OF THIS SUBTITLE; AND
2. PAYS A SPECIAL TRANS FER FEE OF $15,000, IN
ADDITION TO ANY FEES REQUIRED UNDER § 12–1704 OF THIS TITLE.
(2) IF A CLASS D BEER AND LIGHT WINE LICENSE IS CONVERTED TO
A CLASS D BEER, WINE, AND LIQUOR LICENSE U NDER PARAGRAPH (1) OF THIS
SUBSECTION, THE CLASS D BEER, WINE, AND LIQUOR LICENSE :
(I) MAY NOT BE TRANSFERR ED TO A NEW LOCATION ; AND
(II) IS SUBJECT TO TH E REQUIREMENTS OF PA RAGRAPH (1) OF
THIS SUBSECTION .
(C) A HOLDER OF A LICENSE CONVERTED UNDER THIS SECTION MAY SELL
BEER, WINE, AND LIQUOR MONDAY THROUGH SUNDAY FROM 6 A.M. UNTIL 1 A.M. THE
FOLLOWING DAY . Ch. 294 2023 LAWS OF MARYLAND
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(C) (D) AN APPLICATION TO CON VERT A CLASS D BEER AND LIGHT WINE
LICENSE UNDER SUBSEC TION (B)(1) OF THIS SECTION IS A TRANSFER SUBJECT TO
THE PROVISIONS OF § 12–1701(B)(1) § 12–1701 OF THIS TITLE.
12–1706.
(d) (1) Except as provided in paragraph (2) of this subsection, a license may
not be transferred into or within:
(i) ward 1, precincts 2 and 3;
(ii) ward 2 in its entirety;
(iii) ward 3, precinct 3; and
(iv) ward 26, precincts 3 and 10.
(2) This subsection does not apply to an application for a new license or a
transfer from within the areas described in paragraph (1) of this subsection if the new
license or transfer is for:
(i) a hotel;
(ii) an establishment located in a planned unit development if the
application for the planned unit development was filed or approved before December 31,
1995;
(iii) an establishment located in an area governed by the Inner
Harbor East Urban Renewal Plan; or
(iv) an establishment that has:
1. a seating capacity of fewer than 150 individuals; [or]
2. average daily receipts from the sale of food that are at
least 51% of the total daily receipts of the establishment; OR
3. A SEATING CAPACITY O F FEWER THAN 200
INDIVIDUALS ONLY IF THE ESTABLISHMENT IS WITHIN WARD 3, PRECINCT 3.
The Charter of Baltimore City
Article II – General Powers
WES MOORE, Governor Ch. 294
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The Mayor and City Council of Baltimore shall have full power and authority to
exercise all of the powers heretofore or hereafter granted to it by the Constitution of Maryland
or by any Public General or Public Local Laws of the State of Maryland; and in particular,
without limitation upon the foregoing, shall have power by ordinance, or such other method
as may be provided for in its Charter, subject to the provisions of said Constitution and
Public General Laws:
(61)
(b) (1) As provided by ordinance, the Authority shall enter into a contract with
the Baltimore Police Department to hire two POLICE officers [of the Baltimore Police
Department] to exclusively patrol the 400 unit block of Baltimore Street and the unit block
of Custom House Avenue between the hours of 10 p.m. and 3 a.m. on the Thursday, Friday,
and Saturday of each week.
SECTION 2. AND BE IT FURTHER ENACTED, That , notwithstanding:
(a) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class
B–D–7 license issued for a premises in the 4300 block of East Lombard Street shall be
considered unexpired until the end of July 1, 2024, for the purposes of being transferred to
another owner at the same location.
(b) Notwithstanding § 12–1705 of the Alcoholic Beverages Article, a Class B beer,
wine, and liquor license issued for a premises in the unit block of South Decker Street shall
be considered unexpired until the end of July 1, 2024, for the purpose of completing a transfer
of ownership and renewal at the same location.
(c) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class C beer
and light wine license issued for a premises in the 6700 block of Youngstown Avenue shall
be considered unexpired until the end of July 1, 2024, for the purpose of being renewed to
the current license year by the licensee.
(d) Notwithstanding § 12–2202 of the Alcoholic Beverages Article, a Class B beer,
wine, and liquor license issued for a premises on the odd side of the 900 block of South Bond
Street shall be considered unexpired until the end of July 1, 2024, for the purpose of being
renewed to the current license year and transferred to a different applicant at the same
location, if the applicant enters into a memorandum of understanding with the Fells Point
Neighborhood Association.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2023. Section 2 of this Act shall remain effective for a period of 1 year and 1 month and,
at the end of June 30, 2024, Section 2 of this Act, with no further action required by the
General Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, May 3, 2023.