MD
Maryland House Bill HB635

Maryland 2024 Regular Session

Maryland House Bill HB635 Compare Versions

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1- WES MOORE, Governor Ch. 1011
21
3-– 1 –
4-Chapter 1011
5-(House Bill 635)
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+ *hb0635*
810
9-Harford County – Alcoholic Beverages – Performing Arts Nonprofit
10-Organization License
11+HOUSE BILL 635
12+A2 (4lr1554)
13+ENROLLED BILL
14+— Economic Matters/Finance —
15+Introduced by Harford County Delegation
1116
12-FOR the purpose of establishing in Harford County a performing arts nonprofit
13-organization license that authorizes the holder to sell or serve beer, wine, and liquor
14-at certain locations for on–premises consumption; requiring the holder of the license
15-to comply with certain record–keeping and reporting requirements; and generally
16-relating to alcoholic beverages licenses in Harford County.
17+Read and Examined by Proofreaders:
1718
18-BY renumbering
19- Article – Alcoholic Beverages and Cannabis
20-Section 22–1005.2 and 22–1005.3
21- to be Section 22–1005.3 and 22–1005.4, respectively
22- Annotated Code of Maryland
23- (2016 Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2423
25-BY repealing and reenacting, without amendments,
26- Article – Alcoholic Beverages and Cannabis
27-Section 22–102
28- Annotated Code of Maryland
29- (2016 Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3025
31-BY adding to
32- Article – Alcoholic Beverages and Cannabis
33-Section 22–1005.2
34- Annotated Code of Maryland
35- (2016 Volume and 2023 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3627
37-BY repealing and reenacting, with amendments,
38- Article – Alcoholic Beverages and Cannabis
39-Section 22–1501(b)(2)
40- Annotated Code of Maryland
41- (2016 Volume and 2023 Supplement)
28+______________________________________________
29+Speaker.
4230
43- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
44-That Section(s) 22–1005.2 and 22–1005.3 of Artic1e – Alcoholic Beverages and Cannabis of
45-the Annotated Code of Maryland be renumbered to be Section(s) 22–1005.3 and 22–1005.4,
46-respectively.
31+CHAPTER ______
4732
48- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
49-as follows: Ch. 1011 2024 LAWS OF MARYLAND
33+AN ACT concerning 1
5034
51-– 2 –
35+Harford County – Alcoholic Beverages – Performing Arts Nonprofit 2
36+Organization License 3
5237
53-Article – Alcoholic Beverages and Cannabis
38+FOR the purpose of establishing in Harford County a performing arts nonprofit 4
39+organization license that authorizes the holder to sell or serve beer, wine, and liquor 5
40+at certain locations for on–premises consumption; requiring the holder of the license 6
41+to comply with certain record–keeping and reporting requirements; and generally 7
42+relating to alcoholic beverages licenses in Harford County. 8
5443
55-22–102.
44+BY renumbering 9
45+ Article – Alcoholic Beverages and Cannabis 10
46+Section 22–1005.2 and 22–1005.3 11
47+ to be Section 22–1005.3 and 22–1005.4, respectively 12
48+ Annotated Code of Maryland 13
49+ (2016 Volume and 2023 Supplement) 14 2 HOUSE BILL 635
5650
57- This title applies only in Harford County.
5851
59-22–1005.2.
6052
61- (A) IN THIS SECTION , “PERFORMING ARTS NONP ROFIT ORGANIZATION ”
62-MEANS A NONPROFIT OR GANIZATION THAT ORGA NIZES THE PRODUCTION OF PLAYS,
63-ACTS, DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON
64-A STAGE OR THE SHOWI NG OF FILMS.
53+BY repealing and reenacting, without amendments, 1
54+ Article – Alcoholic Beverages and Cannabis 2
55+Section 22–102 3
56+ Annotated Code of Maryland 4
57+ (2016 Volume and 2023 Supplement) 5
6558
66- (B) THERE IS A PERFORMING ARTS NONP ROFIT ORGANIZATION B EER,
67-WINE, AND LIQUOR LICENSE .
59+BY adding to 6
60+ Article – Alcoholic Beverages and Cannabis 7
61+Section 22–1005.2 8
62+ Annotated Code of Maryland 9
63+ (2016 Volume and 2023 Supplement) 10
6864
69- (C) THE BOARD MAY ISSUE THE L ICENSE TO A PERFORMI NG ARTS
70-NONPROFIT ORGANIZATI ON.
65+BY repealing and reenacting, with amendments, 11
66+ Article – Alcoholic Beverages and Cannabis 12
67+Section 22–1501(b)(2) 13
68+ Annotated Code of Maryland 14
69+ (2016 Volume and 2023 Supplement) 15
7170
72- (D) (1) THE LICENSE AUTHORIZE S THE HOLDER TO SELL OR SERVE BEER,
73-WINE, AND LIQUOR AT RETAIL FOR ON–PREMISES CONSUMPTION AT UP TO THREE
74-LOCATIONS DESIGNATED AT THE TIME OF APPLI CATION.
71+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
72+That Section(s) 22–1005.2 and 22–1005.3 of Artic1e – Alcoholic Beverages and Cannabis of 17
73+the Annotated Code of Maryland be renumbered to be Section(s) 22–1005.3 and 22–1005.4, 18
74+respectively. 19
7575
76- (2) THE LOCATIONS DESIGNA TED AT THE TIME OF A PPLICATION
77-MUST:
76+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
77+as follows: 21
7878
79- (I) BE SUITABLE FOR THE PRODUCTION OF PLAYS , ACTS,
80-DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMING ON A
81-STAGE OR THE SHOWING OF FILMS; AND
79+Article – Alcoholic Beverages and Cannabis 22
8280
83- (II) MEET ANY OTHER REQUI REMENTS ESTABLISHED BY THE
84-BOARD.
81+22–102. 23
8582
86- (3) THE LICENSE HOLDER MA Y ALTER THE AUTHORIZ ED LOCATIONS
87-EACH TIME THE LICENS E IS RENEWED.
83+ This title applies only in Harford County. 24
8884
89- (E) THE LICENSE HOLDER MA Y SELL OR SERVE BEER, WINE, AND LIQUOR:
85+22–1005.2. 25
9086
91- (1) 1 HOUR BEFORE AND AFTE R A PERFORMANCE ;
87+ (A) IN THIS SECTION , “PERFORMING ARTS NONP ROFIT ORGANIZATION ” 26
88+MEANS A NONPROFIT OR GANIZATION THAT ORGA NIZES THE PRODUCTION OF PLAYS, 27
89+ACTS, DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON 28
90+A STAGE OR THE SHOWI NG OF FILMS. 29
9291
93- (2) DURING A PERFORMANCE ;
92+ (B) THERE IS A PERFORMING ARTS NONPROFIT ORGAN IZATION BEER , 30
93+WINE, AND LIQUOR LICENSE . 31
9494
95- (3) DURING AN INTERMISSI ON; AND WES MOORE, Governor Ch. 1011
95+ (C) THE BOARD MAY ISSUE THE L ICENSE TO A PERFORMI NG ARTS 32
96+NONPROFIT ORGANIZATI ON. 33
97+ HOUSE BILL 635 3
9698
97-– 3 –
9899
99- (4) DURING A RECEPTION W ITHIN 1 HOUR BEFORE OR AFTER A
100-PERFORMANCE .
100+ (D) (1) THE LICENSE AUTHORIZE S THE HOLDER TO SELL OR SERVE BEER, 1
101+WINE, AND LIQUOR AT RET AIL FOR ON–PREMISES CONSUMPTION AT UP TO THREE 2
102+LOCATIONS DESIGNATED AT THE TIME OF APPLI CATION. 3
101103
102- (F) THE LICENSE MAY NOT B E TRANSFERRED TO ANO THER LOCATION NOT
103-IDENTIFIED ON THE AP PLICATION.
104+ (2) THE LOCATIONS DESIGNA TED AT THE TIME OF A PPLICATION 4
105+MUST: 5
104106
105- (G) THE LICENSE HOLDER SH ALL PURCHASE BEER , WINE, AND LIQUOR
106-FROM A RETAIL LICENS E HOLDER OR AN AUTHO RIZED AND LICENSED W HOLESALER.
107+ (I) BE SUITABLE FOR THE PRODUCTION OF PLAYS , ACTS, 6
108+DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMIN G ON A 7
109+STAGE OR THE SHOWING OF FILMS; AND 8
107110
108- (H) A LICENSE HOLDER MAY N OT SELL OR ISSUE MOR E THAN 750 TICKETS
109-TO ANY EVE NT OR PERFORMANCE AT WHICH THE HOLDER WIL L SELL OR SERVE
110-BEER, WINE, OR LIQUOR.
111+ (II) MEET ANY OTHER REQUI REMENTS ESTABLISHED BY THE 9
112+BOARD. 10
111113
112- (I) ISSUANCE OF A LICENSE UNDER THIS SECTION D OES NOT PROHIBIT THE
113-BOARD FROM ISSUING A CLASS C PER DIEM LICENSE TO THE PERFORMING ARTS
114-NONPROFIT ORGANIZATI ON FOR AN EVENT OUTSIDE THE SCOPE OF THE LICENSE.
114+ (3) THE LICENSE HOLDER MA Y ALTER THE AUTHORIZ ED LOCATIONS 11
115+EACH TIME THE LICENS E IS RENEWED. 12
115116
116- (J) THE LICENSE HOLDER SH ALL SERVE OR OFFER F OR SALE SNACKS AT
117-ALL TIMES WHEN BEER , WINE, AND LIQUOR ARE SOLD .
117+ (E) THE LICENSE HOLDER MA Y SELL OR SERVE BEER, WINE, AND LIQUOR: 13
118118
119- (K) (1) THE LICENSE HOLDER SH ALL:
119+ (1) 1 HOUR BEFORE AND AFTE R A PERFORMANCE ; 14
120120
121- (I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L
122-ALCOHOLIC BEVERAGES SOLD, SERVED, AND PURCHASED UNDER THIS SECTION;
121+ (2) DURING A PERFORMANCE ; 15
123122
124- (II) ON WRITTEN REQUEST O F THE COMPTROLLER OR, THE
125-BOARD, OR THE EXECUTIVE DIRECTOR, REPORT ON THE FORM T HAT THE
126-COMPTROLLER OR, THE BOARD, OR THE EXECUTIVE DIRECTOR REQUIRES
127-INFORMATION RELATING TO THE ALCOHOLIC BEVERAGES THAT ARE THE SUBJECT
128-OF THE RECORDS REQUI RED TO BE KEPT; AND
123+ (3) DURING AN INTERMISSI ON; AND 16
129124
130- (III) ON REQUEST OF THE COMPTROLLER OR, THE BOARD, OR
131-THE EXECUTIVE DIRECTOR, MAKE THE REPORT UNDE R OATH.
125+ (4) DURING A RECEPTION W ITHIN 1 HOUR BEFORE OR AFTER A 17
126+PERFORMANCE . 18
132127
133- (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
134-PARAGRAPH , EACH LICENSE HOLDER SHALL KEEP RECORDS A T THE LOCATION
135-DESIGNATED IN THE LI CENSE.
128+ (F) THE LICENSE MAY NOT B E TRANSFERRED TO ANOTHER LOCATION NOT 19
129+IDENTIFIED ON THE AP PLICATION. 20
136130
137- (II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN
138-ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL
139-LOCATION.
131+ (G) THE LICENSE HOLDER SH ALL PURCHASE BEER , WINE, AND LIQUOR 21
132+FROM A RETAIL LICENS E HOLDER OR AN AUTHO RIZED AND LICENSED W HOLESALER. 22
140133
141- (III) THE RECORDS SHALL: Ch. 1011 2024 LAWS OF MARYLAND
134+ (H) A LICENSE HOLDER MAY N OT SELL OR ISSUE MOR E THAN 750 TICKETS 23
135+TO ANY EVENT OR PERFORM ANCE AT WHICH THE HO LDER WILL SELL OR SE RVE 24
136+BEER, WINE, OR LIQUOR. 25
142137
143-– 4 –
138+ (I) ISSUANCE OF A LICENSE UNDER THIS SECTION D OES NOT PROHIBIT THE 26
139+BOARD FROM ISSUING A CLASS C PER DIEM LICENSE TO THE PERFORMING ARTS 27
140+NONPROFIT ORGANIZATI ON FOR AN EVENT OUTSIDE THE SC OPE OF THE LICENSE . 28
144141
145- 1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E
146-COMPTROLLER AND, THE BOARD, AND THE EXECUTIVE DIRECTOR;
142+ (J) THE LICENSE HOLDER SH ALL SERVE OR OFFER F OR SALE SNACKS AT 29
143+ALL TIMES WHEN BEER , WINE, AND LIQUOR ARE SOLD . 30 4 HOUSE BILL 635
147144
148- 2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER
149-THAT ENSURES PERMANE NCY; AND
150145
151- 3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N
152-DURING REGULAR BUSIN ESS HOURS BY THE COMPTROLLER OR, THE BOARD, OR
153-THE EXECUTIVE DIRECTOR OR A DESIGNEE OF THE COMPTROLLER OR, THE BOARD,
154-OR THE EXECUTIVE DIRECTOR.
155146
156- (3) (I) THE COMPTROLLER MAY WITHO UT A HEARING
157-IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE
158-HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION.
147+ (K) (1) THE LICENSE HOLDER SH ALL: 1
159148
160- (II) IF A REPORT REQUIRED BY THIS SECTION OR A N
161-INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , THE
162-EXECUTIVE DIRECTOR, OR ANY OTHER PERSON INDICATES THAT THE L ICENSE
163-HOLDER IS VIOLATING THIS SECTION, THE BOARD SHALL SUMMON TH E LICENSE
164-HOLDER AND CONDUCT A HEARING.
149+ (I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L 2
150+ALCOHOLIC BEVERAG ES SOLD, SERVED, AND PURCHASED UNDER THIS SECTION; 3
165151
166- (III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE
167-BOARD:
152+ (II) ON WRITTEN REQUEST O F THE COMPTROLLER OR, THE 4
153+BOARD, OR THE EXECUTIVE DIRECTOR, REPORT ON THE FORM T HAT THE 5
154+COMPTROLLER OR, THE BOARD, OR THE EXECUTIVE DIRECTOR REQUIRES 6
155+INFORMATION RELATING TO THE ALCOHOLIC BEVERA GES THAT ARE THE SUB JECT 7
156+OF THE RECORDS REQUI RED TO BE KEPT; AND 8
168157
169- 1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND
170-NOT MORE THAN $2,000; AND
158+ (III) ON REQUEST OF THE COMPTROLLER OR, THE BOARD, OR 9
159+THE EXECUTIVE DIRECTOR, MAKE THE REPORT UNDE R OATH. 10
171160
172- 2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S
173-LICENSE IMMEDIATELY .
161+ (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 11
162+PARAGRAPH, EACH LICENSE HOLDER SHALL KEEP RECORDS A T THE LOCATION 12
163+DESIGNATED IN THE LI CENSE. 13
174164
175- (K) (L) THE ANNUAL LICENSE FE E IS $750.
165+ (II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN 14
166+ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL 15
167+LOCATION. 16
176168
177-22–1501.
169+ (III) THE RECORDS SH ALL: 17
178170
179- (b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local
180-Licenses”) of Division I of this article apply in the county:
171+ 1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E 18
172+COMPTROLLER AND, THE BOARD, AND THE EXECUTIVE DIRECTOR; 19
181173
182- (2) § 4–203 (“Prohibition against issuing multiple licenses to individual or
183-for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part
184-III [and], Subtitle 16, Part II, AND § 22–1005.2 of this title;
174+ 2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER 20
175+THAT ENSURES PERMANE NCY; AND 21
185176
186- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July
187-1, 2024. WES MOORE, Governor Ch. 1011
177+ 3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N 22
178+DURING REGULAR BUSIN ESS HOURS BY THE COMPTROLLER OR, THE BOARD, OR 23
179+THE EXECUTIVE DIRECTOR OR A DESIGNEE OF THE COMPTROLLER OR, THE BOARD, 24
180+OR THE EXECUTIVE DIRECTOR. 25
188181
189-– 5 –
182+ (3) (I) THE COMPTROLLER MAY WITHO UT A HEARING 26
183+IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE 27
184+HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION. 28
190185
191-Approved by the Governor, May 16, 2024.
186+ (II) IF A REPORT REQUIRED BY THIS SECTION OR A N 29
187+INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , THE 30
188+EXECUTIVE DIRECTOR, OR ANY OTHER PERSON INDICATES THAT THE L ICENSE 31 HOUSE BILL 635 5
189+
190+
191+HOLDER IS VIOLATING THIS SECTION, THE BOARD SHALL SUMMON TH E LICENSE 1
192+HOLDER AND CONDUCT A HEARING. 2
193+
194+ (III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE 3
195+BOARD: 4
196+
197+ 1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND 5
198+NOT MORE THAN $2,000; AND 6
199+
200+ 2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S 7
201+LICENSE IMMEDIATELY . 8
202+
203+ (K) (L) THE ANNUAL LICENSE FE E IS $750. 9
204+
205+22–1501. 10
206+
207+ (b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 11
208+Licenses”) of Division I of this article apply in the county: 12
209+
210+ (2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 13
211+for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part 14
212+III [and], Subtitle 16, Part II, AND § 22–1005.2 of this title; 15
213+
214+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
215+1, 2024. 17
216+
217+
218+
219+Approved:
220+________________________________________________________________________________
221+ Governor.
222+________________________________________________________________________________
223+ Speaker of the House of Delegates.
224+________________________________________________________________________________
225+ President of the Senate.