Maryland 2024 Regular Session

Maryland House Bill HB635 Latest Draft

Bill / Chaptered Version Filed 05/28/2024

                             	WES MOORE, Governor 	Ch. 1011 
 
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Chapter 1011 
(House Bill 635) 
 
AN ACT concerning 
 
Harford County – Alcoholic Beverages – Performing Arts Nonprofit 
Organization License 
 
FOR the purpose of establishing in Harford County a performing arts nonprofit 
organization license that authorizes the holder to sell or serve beer, wine, and liquor 
at certain locations for on–premises consumption; requiring the holder of the license 
to comply with certain record–keeping and reporting requirements; and generally 
relating to alcoholic beverages licenses in Harford County. 
 
BY renumbering 
 Article – Alcoholic Beverages and Cannabis 
Section 22–1005.2 and 22–1005.3 
 to be Section 22–1005.3 and 22–1005.4, respectively 
 Annotated Code of Maryland 
 (2016 Volume and 2023 Supplement) 
 
BY repealing and reenacting, without amendments, 
 Article – Alcoholic Beverages and Cannabis 
Section 22–102 
 Annotated Code of Maryland 
 (2016 Volume and 2023 Supplement) 
 
BY adding to 
 Article – Alcoholic Beverages and Cannabis 
Section 22–1005.2 
 Annotated Code of Maryland 
 (2016 Volume and 2023 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Alcoholic Beverages and Cannabis 
Section 22–1501(b)(2) 
 Annotated Code of Maryland 
 (2016 Volume and 2023 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That Section(s) 22–1005.2 and 22–1005.3 of Artic1e – Alcoholic Beverages and Cannabis of 
the Annotated Code of Maryland be renumbered to be Section(s) 22–1005.3 and 22–1005.4, 
respectively. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows:  Ch. 1011 	2024 LAWS OF MARYLAND  
 
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Article – Alcoholic Beverages and Cannabis 
 
22–102. 
 
 This title applies only in Harford County. 
 
22–1005.2. 
 
 (A) IN THIS SECTION , “PERFORMING ARTS NONP ROFIT ORGANIZATION ” 
MEANS A NONPROFIT OR GANIZATION THAT ORGA NIZES THE PRODUCTION OF PLAYS, 
ACTS, DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON 
A STAGE OR THE SHOWI NG OF FILMS. 
 
 (B) THERE IS A PERFORMING ARTS NONP ROFIT ORGANIZATION B EER, 
WINE, AND LIQUOR LICENSE . 
 
 (C) THE BOARD MAY ISSUE THE L ICENSE TO A PERFORMI NG ARTS 
NONPROFIT ORGANIZATI ON. 
 
 (D) (1) THE LICENSE AUTHORIZE S THE HOLDER TO SELL OR SERVE BEER, 
WINE, AND LIQUOR AT RETAIL FOR ON–PREMISES CONSUMPTION AT UP TO THREE 
LOCATIONS DESIGNATED AT THE TIME OF APPLI CATION. 
 
 (2) THE LOCATIONS DESIGNA TED AT THE TIME OF A PPLICATION 
MUST: 
 
 (I) BE SUITABLE FOR THE PRODUCTION OF PLAYS , ACTS, 
DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMING ON A 
STAGE OR THE SHOWING OF FILMS; AND 
 
 (II) MEET ANY OTHER REQUI REMENTS ESTABLISHED BY THE 
BOARD. 
 
 (3) THE LICENSE HOLDER MA Y ALTER THE AUTHORIZ ED LOCATIONS 
EACH TIME THE LICENS E IS RENEWED. 
 
 (E) THE LICENSE HOLDER MA Y SELL OR SERVE BEER, WINE, AND LIQUOR: 
 
 (1) 1 HOUR BEFORE AND AFTE R A PERFORMANCE ; 
 
 (2) DURING A PERFORMANCE ; 
 
 (3) DURING AN INTERMISSI ON; AND   	WES MOORE, Governor 	Ch. 1011 
 
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 (4) DURING A RECEPTION W ITHIN 1 HOUR BEFORE OR AFTER A 
PERFORMANCE . 
 
 (F) THE LICENSE MAY NOT B E TRANSFERRED TO ANO THER LOCATION NOT 
IDENTIFIED ON THE AP PLICATION. 
 
 (G) THE LICENSE HOLDER SH ALL PURCHASE BEER , WINE, AND LIQUOR 
FROM A RETAIL LICENS E HOLDER OR AN AUTHO RIZED AND LICENSED W HOLESALER. 
 
 (H) A LICENSE HOLDER MAY N OT SELL OR ISSUE MOR E THAN 750 TICKETS 
TO ANY EVE NT OR PERFORMANCE AT WHICH THE HOLDER WIL L SELL OR SERVE 
BEER, WINE, OR LIQUOR. 
 
 (I) ISSUANCE OF A LICENSE UNDER THIS SECTION D OES NOT PROHIBIT THE 
BOARD FROM ISSUING A CLASS C PER DIEM LICENSE TO THE PERFORMING ARTS 
NONPROFIT ORGANIZATI ON FOR AN EVENT OUTSIDE THE SCOPE OF THE LICENSE. 
 
 (J) THE LICENSE HOLDER SH ALL SERVE OR OFFER F OR SALE SNACKS AT 
ALL TIMES WHEN BEER , WINE, AND LIQUOR ARE SOLD . 
 
 (K) (1) THE LICENSE HOLDER SH ALL: 
 
 (I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L 
ALCOHOLIC BEVERAGES SOLD, SERVED, AND PURCHASED UNDER THIS SECTION; 
 
 (II) ON WRITTEN REQUEST O F THE COMPTROLLER OR, THE 
BOARD, OR THE EXECUTIVE DIRECTOR, REPORT ON THE FORM T HAT THE 
COMPTROLLER OR, THE BOARD, OR THE EXECUTIVE DIRECTOR REQUIRES 
INFORMATION RELATING TO THE ALCOHOLIC BEVERAGES THAT ARE THE SUBJECT 
OF THE RECORDS REQUI RED TO BE KEPT; AND 
 
 (III) ON REQUEST OF THE COMPTROLLER OR, THE BOARD, OR 
THE EXECUTIVE DIRECTOR, MAKE THE REPORT UNDE R OATH. 
 
 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 
PARAGRAPH , EACH LICENSE HOLDER SHALL KEEP RECORDS A T THE LOCATION 
DESIGNATED IN THE LI CENSE. 
 
 (II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN 
ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL 
LOCATION. 
 
 (III) THE RECORDS SHALL:  Ch. 1011 	2024 LAWS OF MARYLAND  
 
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 1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E 
COMPTROLLER AND, THE BOARD, AND THE EXECUTIVE DIRECTOR; 
 
 2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER 
THAT ENSURES PERMANE NCY; AND 
 
 3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N 
DURING REGULAR BUSIN ESS HOURS BY THE COMPTROLLER OR, THE BOARD, OR 
THE EXECUTIVE DIRECTOR OR A DESIGNEE OF THE COMPTROLLER OR, THE BOARD, 
OR THE EXECUTIVE DIRECTOR. 
 
 (3) (I) THE COMPTROLLER MAY WITHO	UT A HEARING 
IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE 
HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION. 
 
 (II) IF A REPORT REQUIRED BY THIS SECTION OR A N 
INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , THE 
EXECUTIVE DIRECTOR, OR ANY OTHER PERSON INDICATES THAT THE L ICENSE 
HOLDER IS VIOLATING THIS SECTION, THE BOARD SHALL SUMMON TH E LICENSE 
HOLDER AND CONDUCT A HEARING. 
 
 (III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE 
BOARD: 
 
 1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND 
NOT MORE THAN $2,000; AND 
 
 2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S 
LICENSE IMMEDIATELY .  
 
 (K) (L) THE ANNUAL LICENSE FE E IS $750. 
 
22–1501. 
 
 (b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 
Licenses”) of Division I of this article apply in the county: 
 
 (2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 
for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part 
III [and], Subtitle 16, Part II, AND § 22–1005.2 of this title; 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2024.    	WES MOORE, Governor 	Ch. 1011 
 
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Approved by the Governor, May 16, 2024.