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.
*hb1052*
HOUSE BILL 1052
A2 (4lr1706)
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
issue a certain number of new alcoholic beverages licenses within a certain bounded 5
area; providing that, in the 46th alcoholic beverages district in Baltimore City, a 6
certain license may be issued and an existing license may be moved to a building 7
that is within a certain distance of a place of worship or school under certain 8
circumstances; authorizing the Board of License Commissioners for Baltimore City 9
to waive a certain requirement for a certain license holder that operates a restaurant 10
to remain open after hours; extending for a certain amount of time the expiration of 11
an certain alcoholic beverages license licenses for the purpose of a transfer; 12
authorizing a certain license conversion conversions under certain circumstances; 13
prohibiting the Board from authorizing a license for a certain recipient of a certain 14 2 HOUSE BILL 1052
State grant under certain circumstances; and generally relating to alcoholic 1
beverages licenses in the 46th alcoholic beverages district in Baltimore City. 2
BY repealing and reenacting, without amendments, 3
Article – Alcoholic Beverages and Cannabis 4
Section 12–102 and 12–1604.1 5
Annotated Code of Maryland 6
(2016 Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Alcoholic Beverages and Cannabis 9
Section 12–1604(b), 12–1605(b), and 12–2007 10
Annotated Code of Maryland 11
(2016 Volume and 2023 Supplement) 12
BY adding to 13
Article – Alcoholic Beverages and Cannabis 14
Section 12–1604(j) 15
Annotated Code of Maryland 16
(2016 Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Alcoholic Beverages and Cannabis 20
12–102. 21
This title applies only in Baltimore City. 22
12–1604. 23
(b) Except as provided in subsections (c), (d), [and] (i), AND (J) of this section, the 24
Board may not issue a new license in the 46th alcoholic beverages district. 25
(J) (1) IN THE AREA BOUNDED O N THE NORTH BY INTERSTATE 95, ON 26
THE EAST BY THE SOUTH LOCUST POINT TERMINAL, AND ON THE SOUTH AND WEST 27
BY THE PATAPSCO RIVER, THE BOARD MAY ISSUE NOT M ORE THAN: 28
(I) A TOTAL OF 10 NEW CLASS B–D–7 LICENSES; AND 29
(II) A TOTAL OF 2 NEW CLASS A–7 LICENSES. 30
(2) ANY LICENSE ISSUED UN DER THIS SUBSECTION MAY NOT BE 31
TRANSFERRED OUTSIDE THE BOUNDED AREA AS DEFINED UNDER PARAGR APH (1) OF 32
THIS SUBSECTION . 33 HOUSE BILL 1052 3
(3) THE BOARD MAY NOT AUTHORI ZE THE TRANSFER OF A LICENSE 1
INTO THE BOUNDED ARE A AS DEFINED UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 2
12–1604.1. 3
(a) This section applies only to a license holder of a Class D beer and light wine 4
license for use in the 46th alcoholic beverages district. 5
(b) (1) A license holder who holds a valid Class D beer and light wine license 6
may apply to the Board to convert the license to a Class D beer, wine, and liquor license if 7
the license holder: 8
(i) 1. maintains average daily receipts from the sale of food that 9
are at least 51% of its total daily receipts; 10
2. executes a memorandum of understanding with the 11
relevant local neighborhood association as determined by the Board; 12
3. operates a location with not more than 75 seats; and 13
4. pays a special transfer fee of $15,000, in addition to any 14
fees required under § 12–1704 of this title; or 15
(ii) 1. holds a license that was originally issued by the Board 16
under § 12–1604(i) of this subtitle; and 17
2. pays a special transfer fee of $15,000, in addition to any 18
fees required under § 12–1704 of this title. 19
(2) If a Class D beer and light wine license is converted to a Class D beer, 20
wine, and liquor license under paragraph (1) of this subsection, the Class D beer, wine, and 21
liquor license: 22
(i) may not be transferred to a new location; and 23
(ii) is subject to the requirements of paragraph (1) of this subsection. 24
(c) A holder of a license converted under this section may sell beer, wine, and 25
liquor Monday through Sunday from 6 a.m. until 1 a.m. the following day. 26
(d) An application to convert a Class D beer and light wine license under 27
subsection (b)(1) of this section is a transfer subject to the provisions of § 12–1701 of this 28
title. 29
12–1605. 30
4 HOUSE BILL 1052
(b) (1) This subsection: 1
(i) applies only in the 46th alcoholic beverages district; and 2
(ii) does not apply to a licensed restaurant in: 3
1. ward 4, precinct 1; 4
2. ward 22, precinct 1; 5
3. a residential planned unit development for Silo Point as 6
approved by the Mayor and City Council in Ordinance 04–697 on June 23, 2004; [or] 7
4. subject to paragraph (3) of this subsection, the area that is 8
bounded as follows: from the intersection of West Ostend Street and Race Street, north on 9
Race Street to Seldner Place, then east on Seldner Place to Clarkson Street, then north on 10
Clarkson Street to West Cross Street, then east on West Cross Street to South Hanover 11
Street, then north on South Hanover Street to Race Street (also known as Winter Street), 12
then west/southwest on Race Street to West Cross Street, then west on West Cross Street 13
to Leadenhall Street, then south on Leadenhall Street to West Ostend Street, then east on 14
West Ostend Street back to the intersection of West Ostend Street and Race Street; 15
5. SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , 16
THE AREA THAT IS BOU NDED AS FOLLOWS : FROM THE INTERSECTIO N OF EASTERN 17
AVENUE AND SOUTH HIGHLAND AVENUE, NORTH ON SOUTH HIGHLAND AVENUE 18
TO BANK STREET, THEN WEST ON BANK STREET TO SOUTH CLINTON STREET, THEN 19
SOUTH ON SOUTH CLINTON STREET TO EASTERN AVENUE, THEN EAST ON EASTERN 20
AVENUE BACK TO THE IN TERSECTION OF EASTERN AVENUE AND SOUTH HIGHLAND 21
AVENUE; OR 22
6. SUBJECT TO PARAGRAPH (5) OF THIS SUBS ECTION, 23
THE AREA THAT IS BOU NDED AS FOLLOWS : FROM THE INTERSECTIO N OF EASTERN 24
AVENUE AND SOUTH NEWKIRK STREET, EAST ON EASTERN AVENUE TO OLDHAM 25
STREET, THEN SOUTH ON OLDHAM STREET TO FLEET STREET, THEN WEST ON 26
FLEET STREET TO SOUTH NEWKIRK STREET, THEN NOR TH ON SOUTH NEWKIRK 27
STREET BACK TO THE IN TERSECTION OF SOUTH NEWKIRK STREET AND EASTERN 28
AVENUE. 29
(2) The Board may not issue or approve the transfer of a license if the 30
licensed premises would be: 31
(i) within 300 feet of the nearest point of a place of worship or school; 32
or 33
HOUSE BILL 1052 5
(ii) closer to the nearest point of a place of worship or school than the 1
licensed premises was on June 1, 2004. 2
(3) For an establishment that is within 300 feet of the nearest point of a 3
place of worship or school, the Board may issue a license in or approve the transfer of a 4
license into the area specified in paragraph (1)(ii)4 of this subsection only if the Board: 5
(i) has executed a memorandum of understanding with a 6
community association in the area specified in paragraph (1)(ii)4 of this subsection 7
regarding the nature of the establishment; and 8
(ii) enforces the memorandum of understanding against any license 9
holder that obtains a license under paragraph (1)(ii)4 of this subsection and seeks to renew 10
or transfer the license. 11
(4) FOR AN ESTABLISHMENT THAT IS WITHIN 300 FEET OF THE 12
NEAREST POINT OF A P LACE OF WORSHIP OR S CHOOL, THE BOARD MAY ISSUE A 13
LICENSE IN OR APPROV E THE TRANSFER OF A LICENSE INTO THE ARE A SPECIFIED 14
IN PARAGRAPH (1)(II)5 OF THIS SUBSECTION O NLY IF THE BOARD: 15
(I) HAS EXECUTED A MEMOR ANDUM OF UNDERSTANDI NG WITH 16
A COMMUNITY ASSOCIAT ION IN THE AREA SPEC IFIED IN PARAGRAPH (1)(II)5 OF 17
THIS SUBSECTION REGA RDING THE NATURE OF THE ESTABLISHMENT ; AND 18
(II) ENFORCES THE MEMORAN DUM OF UNDERSTANDING 19
AGAINST ANY LICENSE HOLDER THAT OBTAINS A LICENSE UNDER PARA GRAPH 20
(1)(II)5 OF THIS SUBSECTION A ND SEEKS TO RENEW OR TRANSFER THE LICENSE . 21
(5) FOR AN ESTABLISHMENT THAT IS WITHIN 300 FEET OF THE 22
NEAREST POINT OF A P LACE OF WORSHIP OR S CHOOL, THE BOARD MAY ISSUE A 23
LICENSE IN OR APPROV E THE TRANSFER OF A LICENSE INTO THE ARE A SPECIFIED 24
IN PARAGRAPH (1)(II)6 OF THIS SUBSECTION O NLY IF THE LICENSE H OLDER HAS 25
RECEIVED A LETTER OF SUPPORT FROM A PLACE OF WORSHIP OR SCHOOL THAT IS 26
WITHIN THE BOUNDED A REA. 27
12–2007. 28
(a) Except as provided in subsection (b) of this section, a licensed premises shall 29
end all operations, including the serving of alcoholic beverages and food and providing 30
entertainment, at the closing hour for that class of licensed premises specified in this title. 31
(b) (1) The Board may grant an exemption for remaining open after hours to: 32
(i) a holder of a Class B restaurant license, only for serving food to 33
patrons seated for dining; 34 6 HOUSE BILL 1052
(ii) a pharmacy that fills prescriptions; or 1
(iii) a holder of a Class D beer, wine, and liquor license that operates 2
a restaurant, if: 3
1. it is used only for serving food to patrons seated in a dining 4
room that is not adjacent to a bar; and 5
2. the restaurant is located in the 46th Legislative District in 6
the Legislative Districting Plan of 2022. 7
(2) A pharmacy that receives an exemption under paragraph (1) of this 8
subsection may also sell products other than alcohol after normal closing hours. 9
(3) A hotel that holds a Class B license and that serves food to seated 10
customers or for private functions or guest rooms may continue to provide food service. 11
(4) THE BOARD MAY WAIVE THE R EQUIREMENT IN PARAGR APH 12
(1)(III)1 OF THIS SUBSECTION T HAT A DINING ROOM NO T BE ADJACENT TO A B AR. 13
SECTION 2. AND BE IT FURTHER ENACTED, That: 14
(a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 15
Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 16
shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 17
transfer of ownership at the same location. 18
(b) (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 19
Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 20
Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 21
license holder meets each requirement in § 12–1604.1 except for the requirement to 22
maintain average daily receipts from the sale of food that are at least 51% of the total daily 23
receipts. 24
(3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 25
Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 26
shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 27
transfer of ownership and transfer of location to a premises in the 600 block of South 28
Caroline Street. 29
(4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 30
Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 31
shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 32
transfer of ownership and a transfer of location to a premises in the 3600 block of Boston 33
Street. 34
HOUSE BILL 1052 7
(ii) If a Class B license transferred to the 3600 block of Boston Street 1
under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 2
the license holder may apply to the Board to convert the Class B license back to a Class 3
B–D–7 license. 4
(5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 5
Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne Avenue 6
shall be considered unexpired until the end of July 1, 2025, for the purpose of being renewed 7
to the current license year by the licensee. 8
(b) The Board may not authorize the transfer of a license in ward 24, precinct 5 to 9
a person or a location that has received and retained funding awarded under a legislative 10
bond initiative. 11
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and 1 month and, 13
at the end of July 31, 2025, Section 2 of this Act, with no further action required by the 14
General Assembly, shall be abrogated and of no further force and effect. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.