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. *hb0633* HOUSE BILL 633 A2 4lr1556 SB 740/23 – FIN CF 4lr2765 By: Harford County Delegation Introduced and read first time: January 25, 2024 Assigned to: Economic Matters Committee Report: Favorable with amendments House action: Adopted Read second time: March 8, 2024 CHAPTER ______ AN ACT concerning 1 Harford County – Alcoholic Beverages – Barbershop and Beauty Salon License 2 FOR the purpose of establishing a barbershop and beauty salon beer and wine license in 3 Harford County; authorizing the Board of License Commissioners for Harford 4 County to issue a license to a holder of a certain barbershop or beauty salon permit; 5 requiring the holder of the license to purchase alcoholic beverages from certain 6 sources and comply with certain record–keeping and reporting requirements; and 7 generally relating to alcoholic beverages licenses in Harford County. 8 BY renumbering 9 Article – Alcoholic Beverages and Cannabis 10 Section 22–1001.1 11 to be Section 22–1001.2 12 Annotated Code of Maryland 13 (2016 Volume and 2023 Supplement) 14 BY repealing and reenacting, without amendments, 15 Article – Alcoholic Beverages and Cannabis 16 Section 22–102 17 Annotated Code of Maryland 18 (2016 Volume and 2023 Supplement) 19 BY adding to 20 Article – Alcoholic Beverages and Cannabis 21 Section 22–1001.1 22 2 HOUSE BILL 633 Annotated Code of Maryland 1 (2016 Volume and 2023 Supplement) 2 BY repealing and reenacting, without amendments, 3 Article – Business Occupations and Professions 4 Section 4–101(a) and (k), 4–501, 5–101(a) and (m), and 5–501 5 Annotated Code of Maryland 6 (2018 Replacement Volume and 2023 Supplement) 7 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 That Section(s) 22–1001.1 of Article – Alcoholic Beverages and Cannabis of the Annotated 9 Code of Maryland be renumbered to be Section(s) 22–1001.2. 10 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 11 as follows: 12 Article – Alcoholic Beverages and Cannabis 13 22–102. 14 This title applies only in Harford County. 15 22–1001.1. 16 (A) THERE IS A BARBERSHOP AND BEAUTY SALON BEE R AND WINE LICENSE . 17 (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 18 THE BOARD MAY ISSUE THE L ICENSE TO A HOLDER O F: 19 (I) A BARBERSHOP PERMIT ISSUED UNDER § 4–501 OF THE 20 BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; OR 21 (II) A BEAUTY SALON PERMI T ISSUED UNDER § 5–501 OF THE 22 BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE. 23 (2) THE BOARD MAY NOT ISSUE T HE LICENSE TO: 24 (I) A MOBILE BARBERSHOP AS DEFINED IN § 4–101 OF THE 25 BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; 26 (II) A MOBILE BEAUTY SALO N AS DEFINED IN § 5–101 OF THE 27 BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; 28 (III) A BARBER SCHOOL SUBJ ECT TO TITLE 4, SUBTITLE 5 OF 29 THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; OR 30 HOUSE BILL 633 3 (IV) A COSMETOLOGY SCHOOL SUBJECT TO TITLE 5, SUBTITLE 5 1 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE. 2 (C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SERVE AT NO COST 3 TO A PARTICIPAT ING INDIVIDUAL NOT M ORE THAN TWO 12–OUNCE SERVINGS OF 4 BEER OR TWO 5–OUNCE SERVINGS OF WI NE FOR ON–PREMISES CONSUMPTION IN A 5 SINGLE DAY WHILE THE INDIVIDUAL: 6 (1) IS PROVIDED A SERVIC E UNDER § 4–501 OR § 5–501 OF THE 7 BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; OR 8 (2) IS ATTENDING A FUND –RAISING EVENT AT THE BARBERSHOP OR 9 BEAUTY SALON FOR WHI CH THE COUNTY DEPARTMENT OF INSPECTIONS, 10 LICENSES, AND PERMITS HAS ISSUED A PERMIT. 11 (D) THE LICENSE MAY NOT B E TRANSFERRED TO ANO THER LOCATION . 12 (E) THE LICENSE HOLDER MAY PROVIDE B EER AND WINE DURING NORMAL 13 BUSINESS HOURS BUT N OT LATER THAN 9 P.M. 14 (F) THE LICENSE HOLDER SH ALL PURCHASE BEER AN D WINE FROM THE 15 HOLDER OF A MANUFACT URER’S LICENSE, OR A WHOLESALER ’S LICENSE, OR A 16 RETAIL LICENSE. 17 (G) (1) THE LICENSE HOLDER SHALL : 18 (I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L 19 ALCOHOLIC BEVERAGES SERVED AND PURCHASED UNDER THIS SECTION ; 20 (II) ON WRITTEN REQUEST O F THE COMPTROLLER OR THE 21 BOARD, REPORT ON THE FORM T HAT THE COMPTROLLER OR THE BOARD REQUIRES 22 INFORMATION RELATING TO THE ALCOHOLIC BEV ERAGES THAT ARE THE SUBJECT 23 OF THE RECORDS REQUI RED TO BE KEPT; AND 24 (III) ON REQUEST OF THE COMPTROLLER OR THE BOARD, MAKE 25 THE REPORT UNDER OAT H. 26 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 27 PARAGRAPH, EACH LICENSE HOLDER SHALL KEEP RECORDS A T THE LOCATION 28 DESIGNATED IN THE LI CENSE. 29 (II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN 30 ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL 31 LOCATION. 32 4 HOUSE BILL 633 (III) THE RECORDS SHALL : 1 1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E 2 COMPTROLLER AND THE BOARD; 3 2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER 4 THAT ENSURES PERMANE NCY; AND 5 3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N 6 DURING REGULAR BUSIN ESS HOURS BY THE COMPTROL LER OR THE BOARD OR A 7 DESIGNEE OF THE COMPTROLLER OR THE BOARD. 8 (3) (I) THE COMPTROLLER MAY WITHO UT A HEARING 9 IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE 10 HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION. 11 (II) IF A REPORT REQ UIRED BY THIS SECTIO N OR AN 12 INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , OR ANY 13 OTHER PERSON INDICAT ES THAT A HOLDER OF A LICENSE WITH AN ON –SALE 14 PRIVILEGE IS VIOLATI NG THIS SECTION , THE BOARD SHALL SUMMON TH E LICENSE 15 HOLDER AND CONDUCT A HEARING. 16 (III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE 17 BOARD: 18 1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND 19 NOT MORE THAN $2,000; AND 20 2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S 21 LICENSE IMMEDIATELY . 22 (G) (H) THE ANNUAL LICENSE FEE IS $750. 23 Article – Business Occupations and Professions 24 4–101. 25 (a) In this title the following words have the meanings indicated. 26 (k) “Mobile barbershop” means a barbershop that is located in a motor vehicle or 27 a trailer that is designed, constructed, and equipped as a place for an individual to practice 28 barbering and for use as a conveyance on highways. 29 4–501. 30 HOUSE BILL 633 5 (a) A person shall hold a barbershop permit issued by the Board before the person 1 may operate a barbershop in the State. 2 (b) A separate barbershop permit is required for each barbershop that a person 3 operates. 4 5–101. 5 (a) In this title the following words have the meanings indicated. 6 (m) “Mobile beauty salon” means a beauty salon that is located in a motor vehicle 7 or a trailer that is designed, constructed, and equipped as a place for an individual to 8 practice cosmetology and for use as a conveyance on highways. 9 5–501. 10 (a) A person shall hold a beauty salon permit issued by the Board before the 11 person may operate a beauty salon in the State. 12 (b) A beauty salon may operate as a limited practice beauty salon by offering 13 cosmetology services limited to: 14 (1) providing esthetic services; 15 (2) providing hair services; 16 (3) providing hair services – blow drying; or 17 (4) providing nail technician services. 18 (c) A separate beauty salon permit is required for each beauty salon that a person 19 operates. 20 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21 1, 2024. 22