EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0637*
HOUSE BILL 637
A1 4lr1969
CF 4lr1970
By: Delegate Jackson
Introduced and read first time: January 25, 2024
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Alcoholic Beverages – Sale or Delivery for Off–Premises Consumption 2
FOR the purpose of altering the scope of a certain provision prohibiting the retail delivery 3
to a purchaser of alcoholic beverages under certain circumstances; providing that 4
certain authorization for the holders of certain licenses to sell alcoholic beverages for 5
off–premises consumption in a certain manner applies only in a jurisdiction in which 6
the local licensing board has adopted certain regulations; authorizing the holders of 7
certain licenses that authorize the sale of alcoholic beverages at a restaurant, bar, or 8
tavern to sell certain alcoholic beverages for off–premises consumption or delivery 9
under certain circumstances; prohibiting a local licensing board from charging a 10
certain license holder an additional fee under certain circumstances; authorizing a 11
local licensing board to limit the quantity of alcoholic beverages sold or delivered to 12
an individual in a single transaction; and generally relating to the sale of alcoholic 13
beverages at restaurants, bars, and taverns. 14
BY repealing and reenacting, with amendments, 15
Article – Alcoholic Beverages and Cannabis 16
Section 4–507 17
Annotated Code of Maryland 18
(2016 Volume and 2023 Supplement) 19
BY adding to 20
Article – Alcoholic Beverages and Cannabis 21
Section 4–1107 22
Annotated Code of Maryland 23
(2016 Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Alcoholic Beverages and Cannabis 27 2 HOUSE BILL 637
4–507. 1
(a) This section does not apply to: 2
(1) the delivery of wine from a direct wine shipper to a consumer using a 3
common carrier in accordance with Title 2, Subtitle 1, Part V of this article; [or] 4
(2) the holder of a common carrier permit in the course of delivering 5
directly shipped wine in accordance with Title 2, Subtitle 1, Part V of this article; OR 6
(3) THE DELIVERY OF ALCO HOLIC BEVERAGES IN A CCORDANCE WITH 7
§ 4–1107 OF THIS TITLE. 8
(b) Retail delivery to a purchaser of alcoholic beverages is prohibited unless: 9
(1) a retail license holder obtains a letter of authorization from the local 10
licensing board to make deliveries; and 11
(2) the delivery is made from the licensed premises by the retail license 12
holder or an employee of the retail license holder. 13
4–1107. 14
(A) (1) THIS SECTION APPLIES ONLY IN A JURISDICTI ON IN WHICH THE 15
LOCAL LICENSING BOAR D HAS ADOPTED REGULA TIONS TO AUTHORIZE T HE SALE OR 16
DELIVERY OF ALCOHOLI C BEVERAGES FOR OFF –PREMISES CONSUMPTION IN 17
ACCORDA NCE WITH THIS SECTIO N. 18
(2) IN CONSIDERING WHETHE R TO ADOPT REGULATIO NS UNDER THIS 19
SECTION, A LOCAL LICENSING BO ARD SHALL CONSIDER THE PUBLIC HEALTH 20
IMPACTS OF THE SALE OR DELIVERY OF ALCOH OLIC BEVERAGES FOR 21
OFF–PREMISES CONSUMPTION . 22
(B) (1) THIS SUBSECTION APPLIES O NLY TO A LICENSE THA T 23
AUTHORIZES THE SALE OF ALCOHOLIC BEVERAG ES FOR ON –PREMISES 24
CONSUMPTION ONLY AT A RESTAURANT , BAR, OR TAVERN. 25
(2) A LICENSE HOLDER UNDER THIS SUBSECTION MAY SELL ANY 26
ALCOHOLIC BEVERAGES AUTHORIZED UNDER ITS LICENSE, INCLUDING, IF 27
AUTHORIZED , MIXED DRINKS OR COCK TAILS IN SEALED OR C LOSED CONTAINERS 28
FOR OFF–PREMISES CONSUMPTION OR DELIVERY IF: 29
(I) THE ALCOHOLIC BEVERA GE IS PURCHASED ALON G WITH 30
PREPARED FOOD OTHER THAN PREPACKAGED SNA CKS; 31 HOUSE BILL 637 3
(II) THE INDIVIDUAL PURCHASING THE ALCOH OLIC BEVERAGE : 1
1. IS AT LEAST 21 YEARS OLD; 2
2. PROVIDES VALID IDENT IFICATION AS PROOF O F AGE; 3
AND 4
3. IF THE SALE IS FOR D ELIVERY, PROVIDES ANY 5
DOCUMENTATION THAT T HE LOCAL LICENSING B OARD REQUIRES ; 6
(III) THE LICENSE H OLDER HAS REGISTERED AND RECEIVED 7
WRITTEN AUTHORIZATIO N FROM THE LOCAL LIQ UOR LICENSING BOARD TO SELL 8
ALCOHOLIC BEVERAGES AUTHORIZED UNDER ITS LICENSE FOR OFF –PREMISES 9
CONSUMPTION OR DELIV ERY; 10
(IV) EACH ALCOHOLIC BEVER AGE SOLD FOR OFF –PREMISES 11
CONSUMPTION OR DELIV ERY IS: 12
1. PROVIDED IN THE MANU FACTURER’S ORIGINAL 13
SEALED CONTAINER OR IN A CONTAINER CLOSE D WITH A CAP, CORK, SEAL, OR LID 14
WITH NO HOLES FOR ST RAWS OR SIPPING ; AND 15
2. SOLD OR DELIVERED NO T LATER THAN 11 P.M.; 16
(V) THE DELIVERY OF AN ALCOHOLIC BEVERAGE IS MADE FRO M 17
THE LICENSED PREMISE S TO THE INDIVIDUAL PURCHASING THE ALCOH OLIC 18
BEVERAGE BY THE LICE NSE HOLDER OR THE LI CENSE HOLDER ’S EMPLOYEE, WHO 19
IS AT LEAST 21 YEARS OLD AND CERTIF IED IN AN ALCOHOL AW ARENESS PROGRAM ; 20
AND 21
(VI) THE ALCOHOLIC BEVERA GE IS NOT DELIVERED TO: 22
1. ANOTHER PREMISES LIC ENSED TO SELL ALCOHO LIC 23
BEVERAGES; OR 24
2. AN ADDRESS LOCATED O UTSIDE OF THE LICENS ED 25
JURISDICTION. 26
(C) (1) THIS SUBSECTION APPLI ES ONLY TO A LICENSE THAT 27
AUTHORIZES THE SA LE OF ALCOHOLIC BEVE RAGES FOR ON –PREMISES AND 28
OFF–PREMISES CONSUMPTION AT A RESTAURANT , BAR, OR TAVERN. 29
4 HOUSE BILL 637
(2) A LICENSE HOLDER UNDER THIS SUBSECTION MAY OBTAIN A 1
PERMIT FROM THE LOCA L LICENSING BOARD TH AT AUTHORIZES THE HO LDER TO 2
SELL, IF AUTHORIZED UNDE R THE HOLDER ’S LICENSE, MIXED DRINKS OR 3
COCKTAILS IN SEALED OR CLOSED CONTAINERS FOR OFF–PREMISES CONSUMPTION 4
OR DELIVERY IF: 5
(I) THE MIXED DRINK OR C OCKTAIL IS PURCHASED ALONG 6
WITH PREPARED FOOD O THER THAN PREPACKAGE D SNACKS; 7
(II) THE INDIVIDUAL P URCHASING THE MIXED DRINK OR 8
COCKTAIL: 9
1. IS AT LEAST 21 YEARS OLD; 10
2. PROVIDES VALID IDENT IFICATION AS PROOF O F AGE; 11
AND 12
3. IF THE SALE IS FOR D ELIVERY, PROVIDES ANY 13
DOCUMENTATION THAT T HE LOCAL LICENSING B OARD REQUIRES ; 14
(III) EACH MIXED DRINK OR COCKT AIL SOLD FOR OFF–PREMISES 15
CONSUMPTION OR DELIV ERY IS: 16
1. PROVIDED IN THE MANU FACTURER’S ORIGINAL 17
SEALED CONTAINER OR IN A CONTAINER CLOSE D WITH A CAP, CORK, SEAL, OR LID 18
WITH NO HOLES FOR ST RAWS OR SIPPING ; AND 19
2. SOLD OR DELIVERED NOT LATER THAN 11 P.M.; 20
(IV) THE DELIVERY OF AN A LCOHOLIC BEVERAGE IS MADE FROM 21
THE LICENSED PREMISE S TO THE INDIVIDUAL PURCHASING THE ALCOH OLIC 22
BEVERAGE BY THE LICE NSE HOLDER OR THE LI CENSE HOLDER ’S EMPLOYEE, WHO 23
IS AT LEAST 21 YEARS OLD AND CER TIFIED IN AN ALCOHOL AWARENESS PROGRAM ; 24
AND 25
(V) THE MIXED DRINK OR C OCKTAIL IS NOT DELIV ERED TO: 26
1. ANOTHER PREMISES LIC ENSED TO SELL ALCOHO LIC 27
BEVERAGES; OR 28
2. AN ADDRESS LOCATED O UTSIDE OF THE LICENS ED 29
JURISDICTION. 30
(D) A LOCAL LICENSIN G BOARD: 31 HOUSE BILL 637 5
(1) MAY NOT CHARGE A LIC ENSE HOLDER AN ADDIT IONAL FEE FOR 1
SELLING OR DELIVERIN G ALCOHOLIC BEVERAGE S IN ACCORDANCE WITH THIS 2
SECTION; AND 3
(2) MAY LIMIT THE QUANTI TY OF ALCOHOLIC BEVE RAGES THAT MAY 4
BE SOLD OR DELIVERED UNDER THIS SECTION T O AN INDIVIDUAL IN A SI NGLE 5
TRANSACTION . 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2024. 8