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.
*sb1041*
SENATE BILL 1041
A1 (4lr1746)
ENROLLED BILL
— Finance/Economic Matters —
Introduced by Senators Gile and Folden
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.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Alcoholic Beverages – Breweries, Wineries, and Distilleries – Direct Delivery 2
and Direct Shipment 3
FOR the purpose of establishing certain permits authorizing the direct delivery or shipment 4
of certain alcoholic beverages to a consumer in the State; establishing that certain 5
affiliates of the holders of nonresident brewery permits or nonresident distillery 6
permits are included in certain production limits; authorizing common carriers to 7
transport, if applicable, beer or liquor; establishing the requirements an individual 8
must meet in order to qualify for a direct–to–consumer alcoholic beverages delivery 9
or shipping permit; establishing a maximum amount that a recipient of an alcoholic 10
beverages delivery or shipment may receive annually; repealing a maximum amount 11
that a consumer may purchase when visiting certain alcoholic beverage 12
manufacturers; requiring a holder of a direct beer shipper’s permit or direct liquor 13
shipper’s permit to post security for the alcoholic beverage tax in a certain amount; 14
and generally relating to alcoholic beverages. 15 2 SENATE BILL 1041
BY repealing and reenacting, with amendments, 1
Article – Alcoholic Beverages and Cannabis 2
Section 2–132 and 2–132.1; and 2–142 through 2–147 and 2–150 through 2–152 to 3
be under the amended part “Part V. Direct Wine Delivery, Direct Wine 4
Shipper’s, and Common Carrier Permits”; and 2–202(k), 2–205(c) and (d), 5
2–206(h), and 2–214(a) 6
Annotated Code of Maryland 7
(2016 Volume and 2023 Supplement) 8
BY repealing and reenacting, without amendments, 9
Article – Alcoholic Beverages and Cannabis 10
Section 2–148, 2–149, 2–153, 2–154, 2–202(a), 2–205(a), 2–206(a), and 2–207(b) 11
Annotated Code of Maryland 12
(2016 Volume and 2023 Supplement) 13
BY adding to 14
Article – Alcoholic Beverages and Cannabis 15
Section 2–148.1 and 2–149.1; and 2–167 through 2–176 2–175 to be under the new 16
part “Part VIII. Direct–to–Consumer Beer and Liquor Shipping and Delivery”; 17
and 2–202(k) and (l), 2–205(d) and (e), 2–206(h) and (i), and 2–207(k) and (l) 18
Annotated Code of Maryland 19
(2016 Volume and 2023 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Tax – General 22
Section 13–825(a) and (i) 23
Annotated Code of Maryland 24
(2022 Replacement Volume and 2023 Supplement) 25
BY repealing and reenacting, with amendments, 26
Article – Tax – General 27
Section 13–825(b) 28
Annotated Code of Maryland 29
(2022 Replacement Volume and 2023 Supplement) 30
BY repealing and reenacting, with amendments, 31
Article – Alcoholic Beverages and Cannabis 32
Section 2–202(c) and 2–207(d) 33
Annotated Code of Maryland 34
(2016 Volume and 2023 Supplement) 35
(As enacted by Section 3 of Chapters 359 and 360 of the Acts of the General Assembly 36
of 2021, as amended by Chapters 477 and 478 of the Acts of the General 37
Assembly of 2022 and Chapter 594 of the Acts of the General Assembly of 38
2023) 39
BY repealing and reenacting, without amendments, 40 SENATE BILL 1041 3
Article – Alcoholic Beverages and Cannabis 1
Section 2–207(c) 2
Annotated Code of Maryland 3
(2016 Volume and 2023 Supplement) 4
(As enacted by Section 3 of Chapters 359 and 360 of the Acts of the General Assembly 5
of 2021, as amended by Chapters 477 and 478 of the Acts of the General 6
Assembly of 2022 and Chapter 594 of the Acts of the General Assembly of 7
2023) 8
Preamble 9
WHEREAS, Section 1–201(a)(1)(i) of the Alcoholic Beverages and Cannabis Article 10
states, in part, that it is the policy of the State to regulate and control the manufacture, 11
sale, distribution, transportation, and storage of alcoholic beverages in the State for the 12
purposes of obtaining respect and obedience to the law and to foster and promote 13
temperance; and 14
WHEREAS, Section 1–201(b)(1) of the Alcoholic Beverages and Cannabis Article 15
states that it is the policy of the State to authorize the Office of the Executive Director and 16
others to displace or limit economic competition by regulating and engaging in the sale or 17
distribution of alcoholic beverages; and 18
WHEREAS, Section 1–201(b)(1)(i) through (iv) of the Alcoholic Beverages and 19
Cannabis Article states that it is the policy of the State to obtain respect and obedience for 20
the law, promote and foster temperance, prevent deceptive, destructive, and unethical 21
business practices, and promote the general welfare of residents of the State by controlling 22
the sale and distribution of alcoholic beverages; and 23
WHEREAS, To accomplish and ensure that the State can carry out its duties as 24
required in the Alcoholic Beverages and Cannabis Article, this Act reaffirms the legitimacy 25
of the three–tiered system as a means of regulating the alcoholic beverages industry as 26
stipulated by the Supreme Court of the United States in Tennessee Wine and Spirits 27
Retailers Assn. v. Thomas, 139 S. Ct. 2449 (2019); and 28
WHEREAS, It is the intent of the General Assembly to limit the issuance of direct 29
delivery permits by the Office of the Executive Director to licensed Maryland 30
manufacturers in order to protect public health and provide strong incentives not to sell 31
alcohol in a way that threatens public health or safety; now, therefore, 32
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 33
That the Laws of Maryland read as follows: 34
Article – Alcoholic Beverages and Cannabis 35
2–132. 36
4 SENATE BILL 1041
(a) IN THIS SECTION , “AFFILIATE” MEANS A PERSON THAT DIRECTLY OR 1
INDIRECTLY THROUGH O NE OR MORE INTERMEDI ARIES CONTROLS , IS CONTROLLED 2
BY, OR IS UNDER COMMON C ONTROL WITH A HOLDER OF A NONRESIDENT BREWERY 3
PERMIT. 4
(B) There is a nonresident brewery permit. 5
[(b)] (C) The Executive Director may issue the permit to a person that: 6
(1) is licensed outside the State to engage in the manufacture of beer; 7
(2) produces in the aggregate from all of its locations not more than 8
[22,500] 45,000 barrels of beer annually, ALONE OR IN COMBINAT ION WITH ITS 9
AFFILIATES; and 10
(3) does not hold a nonresident dealer’s permit. 11
[(c)] (D) (1) The permit authorizes the permit holder to sell and deliver not 12
more than 3,000 barrels of the permit holder’s own beer annually from a location outside 13
the State to a retail license holder or permit holder in the State authorized to acquire the 14
beer. 15
(2) The permit holder shall comply with all the requirements of this article, 16
the Tax – General Article, and the regulations of the Comptroller or Executive Director 17
that apply to a holder of a Class 7 limited beer wholesaler’s license. 18
[(d)] (E) The annual permit fee is $50. 19
2–132.1. 20
(a) IN THIS SECTION , “AFFILIATE” MEANS A PERSON THAT DIRECTLY OR 21
INDIRECTLY THROUGH O NE OR MORE INTERMEDI ARIES CONTROLS , IS CONTROLLED 22
BY, OR IS UNDER COMMON C ONTROL WITH A HOLDER OF A NONRESIDENT 23
DISTILLERY PERMIT . 24
(B) There is a nonresident distillery permit. 25
[(b)] (C) The Executive Director may issue the permit to a person that: 26
(1) is licensed outside the State to engage in the manufacture of liquor; 27
(2) produces in the aggregate from all of its locations not more than 100,000 28
gallons of liquor annually, ALONE OR IN COMBINATION WITH ITS AFFILIATES; and 29
(3) does not hold a nonresident dealer’s permit. 30 SENATE BILL 1041 5
[(c)] (D) (1) The permit authorizes the permit holder to sell and deliver the 1
permit holder’s own liquor from a location outside the State to a retail license holder or 2
permit holder in the State authorized to acquire the liquor. 3
(2) The permit holder shall comply with all the requirements of this article, 4
the Tax – General Article, and the regulations of the Comptroller or Executive Director 5
that apply to a holder of a Class 8 limited liquor wholesaler’s license. 6
[(d)] (E) The annual permit fee is $100. 7
Part V. Direct WINE DELIVERY, DIRECT Wine Shipper’s, and Common Carrier Permits. 8
2–142. 9
(a) In this part the following words have the meanings indicated. 10
(b) (1) “Common carrier” means a business entity that: 11
(i) holds itself out as being available to the public to transport in 12
interstate or foreign commerce for compensation any class of passenger or property; and 13
(ii) holds a common carrier permit issued under § 2–151 of this 14
subtitle. 15
(2) “Common carrier” does not include a business entity that transports 16
only property the business entity owns or that is consigned to the business entity. 17
(c) “DIRECT WINE DELIVERER ” MEANS THE HOLDER OF A DIRECT WINE 18
DELIVERY PERMIT ISSU ED UNDER THIS PART . 19
(D) “Direct wine shipper” means the holder of a direct wine shipper’s permit 20
issued under this part. 21
2–143. 22
(A) A person shall be issued a direct wine shipper’s permit by the Executive 23
Director before the person may engage in shipping wine directly to a consumer in the State. 24
(B) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING 25
WINE DIRECTLY TO A C ONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE 26
ISSUED A DIRECT WINE DELIVERY PERMIT . 27
2–144. 28
(A) To qualify for a direct wine shipper’s permit, an applicant shall be: 29 6 SENATE BILL 1041
(1) a person licensed outside the State to engage in the manufacture of 1
wine; or 2
(2) a holder of a Class 3 manufacturer’s license or a Class 4 manufacturer’s 3
license. 4
(B) (1) TO QUALIFY FOR A DIRECT W INE DELIVERY PERMIT , AN 5
APPLICANT SHALL BE : 6
(I) A PERSON LICENSED IN THE STATE TO ENGAGE IN TH E 7
MANUFACTURE OF WINE ; AND 8
(II) A HOLDER OF A CLASS 6 LIMITED WINE WHOLESA LER’S 9
LICENSE. 10
(2) THE HOLDER OF A DIREC T WINE DELIVERY P ERMIT ISSUED 11
UNDER THIS SUBSECTIO N MAY SELL AND DELIV ER A THE PERMIT HOLDER ’S OWN 12
PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN THE 13
STATE IF: 14
(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S: 15
1. AT LEAST 18 YEARS OLD; AND 16
2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENE SS 17
PROGRAM; 18
(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21 19
YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE 20
THE WINE AT THE TIME AND PLACE OF DELIVER Y; 21
(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF 22
ORDER; AND 23
(IV) THE DIRECT WINE DELI VERER AND THE INDIVI DUAL 24
RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE 25
DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT WINE DELIVERER E XAMINED 26
THE RECIPIENT’S GOVERNMENT–ISSUED IDENTIFICATIO N AND THE RECIPIENT WAS 27
AT LEAST 21 YEARS OLD. 28
2–145. 29
(a) An applicant for a direct wine shipper’s permit OR A DIRECT WINE DEL IVERY 30
PERMIT shall: 31 SENATE BILL 1041 7
(1) submit to the Executive Director a completed application on a form that 1
the Executive Director provides; 2
(2) provide to the Executive Director a copy of the applicant’s current 3
MANUFACTURER ’S license; 4
(3) identify the wines manufactured by the applicant that the applicant 5
intends to ship [into] OR DELIVER TO A CONS UMER IN the State; and 6
(4) pay a fee of $200 for initial issuance of the direct wine shipper’s permit 7
OR THE DIRECT WINE D ELIVERY PERMIT . 8
(b) The Executive Director shall issue a direct wine shipper’s permit OR A 9
DIRECT WINE DELIVERY PERMIT to each applicant who meets the requirements of this 10
part for the permit. 11
2–146. 12
(A) A direct wine shipper’s permit entitles the holder to sell wine manufactured 13
by the holder through a holder of a common carrier permit to a consumer by receiving and 14
filling orders that the consumer transmits by electronic or other means. 15
(B) A DIRECT WINE DELIVERY PERMIT ENTITLES THE HOLDER TO SELL AND 16
DELIVER WINE MANUFAC TURED BY THE HOLDER DIRECTLY TO A CONSUM ER IN THE 17
STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER TRANS MITS BY 18
ELECTRONIC OR OTHER MEANS. 19
2–147. 20
The term of a direct wine shipper’s permit OR A DIRECT WINE DEL IVERY PERMIT 21
is 1 year and begins on July 1. 22
2–148. 23
(a) A direct wine shipper shall: 24
(1) ensure that all containers of wine shipped directly to a consumer in the 25
State are conspicuously labeled with: 26
(i) the name of the direct wine shipper; 27
(ii) the name and address of the consumer who is the intended 28
recipient; and 29
8 SENATE BILL 1041
(iii) the words “Contains Alcohol: Signature of Person at Least 21 1
Years of Age Required for Delivery”; 2
(2) report to the Comptroller and the Executive Director information about 3
the direct wine shipper’s wine shipments, in a manner that the Comptroller and the 4
Executive Director determine; 5
(3) file a quarterly tax return in accordance with § 5–201(d) of the Tax – 6
General Article; 7
(4) pay quarterly to the Comptroller all sales taxes and excise taxes due on 8
sales to consumers in the State and calculate the taxes as if the sale were made in the State; 9
(5) maintain for 3 years complete and accurate records of all information 10
needed to verify compliance with this part; 11
(6) allow the Comptroller and the Executive Director to perform an audit 12
of the direct wine shipper’s records on request; and 13
(7) consent to the jurisdiction of the Comptroller, the Executive Director, 14
or other State unit and the State courts concerning enforcement of this section and any 15
related law. 16
(b) A direct wine shipper may not: 17
(1) ship more than 18 9–liter cases of wine each year to a single delivery 18
address; or 19
(2) cause wine to be delivered on Sunday to an address in the State. 20
2–148.1. 21
(A) A DIRECT WINE DELIVERE R SHALL: 22
(1) ENSURE THAT ANY CONT AINER CONTAINING WIN E DELIVERED 23
DIRECTLY TO A CONSUM ER IN THE STATE IS: 24
(I) CONSPICUOUSLY LABELED WITH: 25
1. THE NAME OF THE MANU FACTURER; 26
2. THE NAME AND ADDRESS OF THE CONSUMER WHO IS 27
THE INTENDED RECIPIE NT; AND 28
3. THE WORDS “CONTAINS ALCOHOL: SIGNATURE OF 29
PERSON AT LEAST 21 YEARS OF AGE REQUIRED FOR DELIVERY”; AND 30 SENATE BILL 1041 9
(II) COMMERCIALLY SEALED BY THE MANUFACTURER ; 1
(2) REPORT TO THE EXECUTIVE DIRECTOR INFORMATION ABOUT 2
THE DELIVERIES , IN A MANNER THAT THE EXECUTIVE DIRECTOR DETERMINES ; 3
(3) FILE A QUARTERLY TAX RETURN IN ACCORDANCE WITH § 4
5–201(D) OF THE TAX – GENERAL ARTICLE; 5
(4) PAY QUARTERLY TO THE COMPTROLLER ALL SALES TAXES AND 6
EXCISE TAXES DUE ON SALES TO CONSUMERS I N THE STATE; 7
(5) MAINTAIN FOR 3 YEARS COMPLETE AND A CCURATE RECORDS OF 8
ALL INFORMATION NEED ED TO VERIFY COMPLIA NCE WITH THIS PART ; AND 9
(6) ALLOW THE COMPTROLLER OR THE EXECUTIVE DIRECTOR TO 10
PERFORM AN AUDIT OF THE PERMIT HOLDER ’S RECORDS ON REQUEST . 11
(B) THE HOLDER OF A DIREC T WINE DELIVERY PERM IT MAY NOT CAUSE 12
MORE THAN 18 9–LITER CASES OF WINE TO BE DELIVERED TO A SINGLE ADDRESS IN 13
A SINGLE CALENDAR YEAR . 14
2–149. 15
(a) A direct wine shipper may renew its direct wine shipper’s permit each year if 16
the direct wine shipper: 17
(1) is otherwise entitled to have a direct wine shipper’s permit; 18
(2) provides to the Executive Director a copy of its current permit; 19
(3) identifies the wines manufactured by the direct wine shipper that the 20
direct wine shipper intends to ship into the State; and 21
(4) pays to the Executive Director a renewal fee of $200. 22
(b) The Executive Director may deny a renewal application of a direct wine 23
shipper who fails to: 24
(1) file a tax return required under this part; 25
(2) pay a fee or tax when due; or 26
(3) after receiving notice, comply with this article or a regulation that the 27
Comptroller or Executive Director adopts. 28
10 SENATE BILL 1041
2–149.1. 1
(A) A DIRECT WINE DELIVERE R MAY RENEW ITS DIRE CT WINE DELIVERY 2
PERMIT EACH YEAR IF THE DIRECT WINE DELI VERER: 3
(1) IS OTHERWISE ENTITLE D TO HOLD A DIRECT W INE DELIVERY 4
PERMIT; 5
(2) PROVIDES TO THE EXECUTIVE DIRECTOR AND THE 6
COMPTROLLER A COPY OF ITS CURRENT PERMIT ; AND 7
(3) PAYS THE EXECUTIVE DIRECTOR A RENEWAL FE E OF $200. 8
(B) THE EXECUTIVE DIRECTOR MAY DENY A R ENEWAL APPLICATION F OR A 9
DIRECT WINE DELIVERY PERMIT IF THE HOLDER FAILS TO: 10
(1) FILE A TAX RETU RN REQUIRED UNDER TH IS PART; 11
(2) PAY A FEE OR TAX WHE N DUE; OR 12
(3) AFTER RECEIVING NOTI CE, COMPLY WITH THIS ART ICLE OR A 13
REGULATION THAT THE EXECUTIVE DIRECTOR ADOPTS UNDER THIS ARTICLE. 14
2–150. 15
(a) To receive a direct shipment OR DIRECT DELIVERY of wine, a consumer in 16
the State shall be at least 21 years old. 17
(b) A person who receives a shipment OR DELIVERY of wine shall use the 18
shipment for personal consumption only and may not resell the shipment OR DELIVERY. 19
2–151. 20
(a) There is a common carrier permit. 21
(b) A holder of a common carrier permit may deliver [wine] ALCOHOLIC 22
BEVERAGES from a location inside or outside the State to a consumer in the State for the 23
consumer’s personal use under this [part] SUBTITLE. 24
(c) A person shall be issued a common carrier permit before the person may 25
engage in transporting: 26
(1) wine from a direct wine shipper to a consumer; 27
(2) BEER FROM A DIRECT B EER SHIPPER TO A CON SUMER; OR 28 SENATE BILL 1041 11
(3) LIQUOR FROM A DIRECT LIQUOR SHIPPER TO A CONSUMER . 1
(d) The term of a common carrier permit is 1 year and begins on July 1. 2
(e) To complete delivery of a shipment, the common carrier shall require from a 3
consumer at the address listed on the shipping label: 4
(1) the signature of the consumer or another individual at the address who 5
is at least 21 years old; and 6
(2) government–issued photographic identification showing that the 7
signing individual is at least 21 years old. 8
(f) A common carrier shall refuse delivery when the intended receiving individual 9
appears to be under the age of 21 years or refuses to present valid identification. 10
(g) At the time of initial application for a common carrier permit and on request 11
of the Executive Director, a common carrier shall submit to the Executive Director 12
information concerning the training of its drivers in verifying the age of recipients of direct 13
wine shipments, DIRECT BEER SHIPMENT S, OR DIRECT LIQUOR SHI PMENTS under this 14
[part] SUBTITLE. 15
(h) At least once each year, in a manner acceptable to the Executive Director, a 16
holder of a common carrier permit shall verify that the shipper of wine, BEER, OR LIQUOR 17
into the State under this part holds a valid direct wine shipper’s permit, DIRECT BEER 18
SHIPPER’S PERMIT, OR DIRECT LIQUOR SHI PPER’S PERMIT. 19
(i) A holder of a common carrier permit that delivers [wine solely] ALCOHOLIC 20
BEVERAGES under this [part] SUBTITLE may not be required to obtain a transportation 21
permit issued under § 2–118 or § 2–119 of this subtitle in addition to the common carrier 22
permit. 23
(j) The permit fee is $100. 24
2–152. 25
(a) A common carrier shall report quarterly to the Executive Director: 26
(1) the date of each delivery of [wine] ALCOHOLIC BEVERAGES in the 27
State; and 28
(2) the name and address of: 29
(I) the direct wine shipper, THE DIRECT BEER SHIP PER, OR THE 30
DIRECT LIQUOR SHIPPE R; and 31 12 SENATE BILL 1041
(II) the receiving consumer of each delivery. 1
(b) A common carrier shall maintain for 3 years complete and accurate records of 2
all information needed to verify compliance with this part. 3
2–153. 4
A person without a direct wine shipper’s permit may not ship wine directly to a 5
consumer in the State. 6
2–154. 7
Each violation of this part is a separate violation. 8
2–165. RESERVED. 9
2–166. RESERVED. 10
PART VIII. DIRECT–TO–CONSUMER BEER AND LIQUOR SHIPPING AND DELIVERY. 11
2–167. 12
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(B) “COMMON CARRIER ” HAS THE MEANING STAT ED IN § 2–142 OF THIS 15
SUBTITLE. 16
(C) (B) “DIRECT BEER DELIVERER ” MEANS THE HOLDER OF A DIRECT 17
BEER DELIVERY PERMIT ISSUED UNDER THIS PA RT. 18
(D) “DIRECT BEER SHIPPER ” MEANS THE HOLDER OF A DIRECT BEER 19
SHIPPER’S PERMIT ISSUED UNDE R THIS PART. 20
(E) (C) “DIRECT LIQUOR DELIVER ER” MEANS THE HOLDER OF A DIRECT 21
LIQUOR DELIVERY PERMIT ISSU ED UNDER THIS PART . 22
(F) “DIRECT LIQUOR SHIPPER ” MEANS THE HOLDER OF A DIRECT LIQUOR 23
SHIPPER’S PERMIT ISSUED UNDE R THIS PART. 24
(G) (D) “PERMIT” MEANS A DIRECT BEER DELIVERY PERMIT , DIRECT 25
BEER SHIPPER’S PERMIT, OR DIRECT LIQUOR DELIVE RY PERMIT, OR DIRECT 26
LIQUOR SHIPPER’S PERMIT ISSUED BY THE EXECUTIVE DIRECTOR UNDER THIS 27
PART. 28 SENATE BILL 1041 13
2–168. 1
(A) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING 2
BEER DIRECTLY TO A C ONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE 3
ISSUED A DIRECT BEER DELIVERY PERMIT . 4
(B) BEFORE A LICENSED MANUFACTURER MAY ENG AGE IN DELIVERING 5
LIQUOR DIRECTLY TO A CONSUMER IN THE STATE, THE MANUFACTURER SHA LL BE 6
ISSUED A DIRECT LIQU OR DELIVERY PERMIT . 7
2–169. 8
(A) (1) TO QUALIFY FOR A DIRE CT BEER DELIVERY PER MIT, AN 9
APPLICANT SHALL BE : 10
(I) A PERSON LICENSED IN THE STATE TO ENGAGE IN TH E 11
MANUFACTURE OF BEER ; AND 12
(II) A HOLDER OF A CLASS 7 LIMITED BEER WHOLESA LER’S 13
LICENSE. 14
(2) THE HOLDER OF A DIREC T BEER DELIVERY PERM IT ISSUED 15
UNDER § 2–170 OF THIS SUBTITLE MAY SELL AND DELIVER A THE PERMIT HOLDER ’S 16
OWN PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN 17
THE STATE IF: 18
(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S: 19
1. AT LEAST 18 YEARS OLD; AND 20
2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENESS 21
PROGRAM; 22
(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21 23
YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE 24
THE BEER AT THE TIME AND PLACE OF DELIVER Y; 25
(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF 26
ORDER; AND 27
(IV) THE DIRECT BEER DELI VERER AND THE INDIVI DUAL 28
RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE 29
DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT BEER DELIVERER E XAMINED 30 14 SENATE BILL 1041
THE RECIPIENT’S GOVERNMENT –ISSUED IDENTIFICATIO N AND THE RECIPIENT WAS 1
AT LEAST 21 YEARS OLD. 2
(B) TO QUALIFY FOR A DIRE CT BEER SHIPPER ’S PERMIT, AN APPLICANT 3
SHALL BE: 4
(1) IF SHIPPING FROM A L OCATION OUTSIDE THE STATE, THE 5
HOLDER OF A NONRESID ENT BREWERY PERMIT ; OR 6
(2) IF SHIPPING FROM A L OCATION INSIDE THE STATE: 7
(I) A PERSON LICENSED IN THE STATE TO ENGAGE IN TH E 8
MANUFACTURE OF BEER ; AND 9
(II) A HOLDER OF A CLASS 7 LIMITED BEER WHOLESA LER’S 10
LICENSE. 11
(C) (B) (1) TO QUALIFY FOR A DIRE CT LIQUOR DELIVERY P ERMIT, AN 12
APPLICANT SHALL BE : 13
(I) A PERSON ISSUED A LI CENSE BY THE EXECUTIVE DIRECTOR 14
IN THE STATE TO ENGAGE IN TH E MANUFACTURE OF LIQ UOR; AND 15
(II) A HOLDER OF A CLASS 8 LIMITED WHOLESALER ’S LICENSE. 16
(2) THE HOLDER OF A DIREC T LIQUOR DELIVERY PE RMIT ISSUED 17
UNDER § 2–170 OF THIS SUBTITLE MAY SELL AN D DELIVER A THE PERMIT HOLDER ’S 18
OWN PRODUCT PRODUCED UNDER THE HOLDER ’S LICENSE TO AN INDIVIDUAL IN 19
THE STATE IF: 20
(I) THE DELIVERY IS MADE BY AN EMPLOYEE WHO I S: 21
1. AT LEAST 18 YEARS OLD; AND 22
2. CERTIFIED BY AN APPR OVED ALCOHOL AWARENESS 23
PROGRAM; 24
(II) THE PURCHASER , OR ANOTHER INDIVIDUA L AT LEAST 21 25
YEARS OLD DESIGNATED BY THE PURCHASER , IS PHYSICALLY PRESEN T TO RECEIVE 26
THE LIQUOR AT THE TI ME AND PLACE OF DELI VERY; 27
(III) THE PURCHASER PAYS F OR THE PURCHASE AT T HE TIME OF 28
ORDER; AND 29
SENATE BILL 1041 15
(IV) THE DIRECT LIQUOR DE LIVERER AND THE INDI VIDUAL 1
RECEIVING THE DELIVE RY EACH ENDORSE A DE LIVERY FORM THAT THE EXECUTIVE 2
DIRECTOR APPROVES CER TIFYING THAT THE DIR ECT LIQUOR DELIVERER 3
EXAMINED THE RECIPIE NT’S GOVERNMENT –ISSUED IDENTIFICATION AND T HE 4
RECIPIENT WAS AT LEA ST 21 YEARS OLD. 5
(D) TO QUALIFY FOR A DIRE CT LIQUOR SHIPPER ’S PERMIT, AN APPLICANT 6
SHALL BE: 7
(1) IF SHIPPING FROM A L OCATION OUTSIDE THE STATE, A HOLDER 8
OF A NONRESIDENT DIS TILLERY PERMIT ; OR 9
(2) IF SHIPPING FROM A LOCATION I NSIDE THE STATE: 10
(I) A PERSON ISSUED A LI CENSE BY THE EXECUTIVE DIRECTOR 11
IN THE STATE TO ENGAGE IN TH E MANUFACTURE OF LIQ UOR; AND 12
(II) A HOLDER OF A CLASS 8 LIMITED WHOLESALER ’S LICENSE. 13
2–170. 14
(A) AN APPLICANT FOR A PE RMIT UNDER THIS PART SHAL L: 15
(1) SUBMIT TO THE EXECUTIVE DIRECTOR A COMPLETED 16
APPLICATION ON A FOR M THAT THE EXECUTIVE DIRECTOR PROVIDES ; 17
(2) PROVIDE TO THE EXECUTIVE DIRECTOR A COPY OF TH E 18
APPLICANT’S CURRENT HOME STATE MANUFACTURER ’S LICENSE; 19
(3) IDENTIFY THE PRODUCT MA NUFACTURED BY THE AP PLICANT 20
THAT THE APPLICANT I NTENDS TO SHIP OR DELIVER TO A CONSUME R IN THE STATE; 21
AND 22
(4) PAY A FEE OF $200 FOR INITIAL ISSUANCE OF THE PERMIT. 23
(B) IF AN APPLICANT MEETS THE REQUIREMENTS OF THIS PART, THE 24
EXECUTIVE DIRECTOR SHALL ISSUE TO THE APPLICANT : 25
(1) A DIRECT BEER DELIVE RY PERMIT; OR 26
(2) A DIRECT BEER SHIPPE R’S PERMIT; 27
(3) A DIRECT LIQUOR DELI VERY PERMIT; OR 28
16 SENATE BILL 1041
(4) A DIRECT LIQUOR SHIP PER’S PERMIT. 1
2–171. 2
(A) A DIRECT BEER DELIVERY PERMIT ENTITLES THE HOLDER TO SELL AND 3
DELIVER BEER MANUFAC TURED BY THE HOLDER DIRECTLY TO A CONSUM ER IN THE 4
STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER TRANS MITS BY 5
ELECTRONIC OR OTHER MEANS. 6
(B) A DIRECT BEER SHIPPER ’S PERMIT ENTITLES TH E HOLDER T O SELL 7
BEER MANUFACTURED BY THE HOLDER THROUGH A HOLDER OF A COMMON 8
CARRIER PERMIT TO A CONSUMER BY RECEIVIN G AND FILLING ORDERS THAT THE 9
CONSUMER TRANSMITS B Y ELECTRONIC OR OTHE R MEANS. 10
(C) A DIRECT LIQUOR DELIVE RY PERMIT ENTITLES T HE HOLDER TO SELL 11
AND DELIVER LIQUOR MANUF ACTURED BY THE HOLDE R DIRECTLY TO A CONS UMER 12
IN THE STATE BY RECEIVING AN D FILLING ORDERS THA T THE CONSUMER 13
TRANSMITS BY ELECTRO NIC OR OTHER MEANS . 14
(D) A DIRECT LIQUOR SHIPPE R’S PERMIT ENTITLES TH E HOLDER TO SELL 15
LIQUOR MANUFACTURED BY THE HOLDER THROUG H A HOLDER OF A COMM ON 16
CARRIER PERMIT TO A CONSUMER BY RECEIVIN G AND FILLING ORDERS THAT THE 17
CONSUMER TRANSMITS B Y ELECTRONIC OR OTHE R MEANS. 18
2–172. 19
THE TERM OF A PERMIT ISSUED UNDER THIS PA RT IS 1 YEAR AND BEGINS ON 20
JULY 1. 21
2–173. 22
(A) A PERSON WHO HOLDS A P ERMIT UNDER THIS PAR T SHALL: 23
(1) ENSURE THAT ANY CONT AINER CONTAINING AN ALCOHOLIC 24
BEVERAGE DELIVERED OR SHIPPED DIRECTLY TO A CONSUM ER IN THE STATE IS: 25
(I) CONSPICUOUSLY LABELE D WITH: 26
1. THE NAME OF THE MANUFACTURER ; 27
2. THE NAME AND ADDRESS OF THE CONSUMER WHO IS 28
THE INTENDED RECIPIE NT; AND 29
SENATE BILL 1041 17
3. THE WORDS “CONTAINS ALCOHOL: SIGNATURE OF 1
PERSON AT LEAST 21 YEARS OF AGE REQUIRED FOR DELIVERY”; AND 2
(II) COMMERCIALLY SEALED BY THE MANUFACTURER ; 3
(2) REPORT TO THE EXECUTIVE DIRECTOR INFORMATION ABOUT 4
THE SHIPMENTS OR DELIVERIES, IN A MANNER THAT THE EXECUTIVE DIRECTOR 5
DETERMINES ; 6
(3) FILE A QUARTERLY TAX RETURN IN ACCORDANCE WITH § 7
5–201(D) OF THE TAX – GENERAL ARTICLE; 8
(4) PAY QUARTERLY TO THE COMPTROLLER ALL SALES TAXES AND 9
EXCISE TAXES DUE ON SALES TO CONSUMERS I N THE STATE AND CALCULATE T HE 10
TAXES AS IF THE SALE SALES WERE MADE IN THE STATE; 11
(5) MAINTAIN FOR 3 YEARS COMPLETE AND A CCURATE RECORDS OF 12
ALL INFORMATION NEED ED TO VERIFY CO MPLIANCE WITH THIS P ART; 13
(6) ALLOW THE COMPTROLLER OR THE EXECUTIVE DIRECTOR TO 14
PERFORM AN AUDIT OF THE PERMIT HOLDER ’S RECORDS ON REQUEST ; AND 15
(7) CONSENT TO THE JURIS DICTION OF THE EXECUTIVE DIRECTOR, 16
COMPTROLLER , OR OTHER STATE UNIT AND THE STATE COURTS CONCERNING 17
ENFORCEMENT OF THIS PART AND ANY RELATED LAW. 18
(B) (1) THE HOLDER OF A DIREC T BEER DELIVERY PERM IT OR A DIRECT 19
BEER SHIPPER ’S PERMIT MAY NOT CAUSE MORE T HAN 3,456 OUNCES OF BEER OF 20
THE PERMIT HOLDER ’S OWN PRODUCT TO BE DELIVERED TO A SINGLE DELIVERY 21
ADDRESS IN A SINGLE CALENDAR YEAR . 22
(2) THE HOLDER OF A DIREC T LIQUOR DELIVERY PE RMIT OR A 23
DIRECT LIQUOR SHIPPE R’S PERMIT MAY NOT CAUSE MORE T HAN 24 STANDARD 24
750–MILLILITER BOTTLES O F LIQUOR THE PERMIT HOLDER ’S OWN PRODUCT , OR AN 25
EQUIVALENT AMOUNT , TO BE DELIVERED TO A SINGLE DELIVERY ADDR ESS IN A 26
SINGLE CALENDAR YEAR . 27
2–174. 28
(A) A HOLDER OF A PERMIT I SSUED UNDER THIS PAR T MAY RENEW THE 29
PERMIT EACH YEAR IF THE HOLDER: 30
(1) IS OTHERWISE ENTITLE D TO HOLD A PERMIT U NDER THIS PART ; 31
18 SENATE BILL 1041
(2) PROVIDES TO THE EXECUTIVE DIRECTOR AND THE 1
COMPTROLLER A COPY OF ITS CURRENT PERMIT ; AND 2
(3) PAYS THE EXECUTIVE DIRECTOR A RENEWAL FE E OF $200. 3
(B) THE EXECUTIVE DIRECTOR MAY DENY A R ENEWAL APPLICATION F OR A 4
PERMIT ISSUED UNDER THIS PART IF THE HO LDER FAILS TO: 5
(1) FILE A TAX RETURN RE QUIRED UNDER THIS SU BTITLE; 6
(2) PAY A FEE OR TAX WHE N DUE; OR 7
(3) AFTER RECEIVING NOTI CE, COMPLY WITH THIS ART ICLE OR A 8
REGULATION THAT THE EXECUTIVE DIRECTOR ADOPTS UNDER THIS ARTICLE. 9
2–175. 10
(A) TO RECEIVE A DIRECT DELIVERY OR DIRECT SHIPMENT OF BEER OR 11
LIQUOR, A CONSUMER IN THE STATE SHALL BE AT LEA ST 21 YEARS OLD. 12
(B) A PERSON WHO RECEIVES A DELIVERY OR SHIPMENT OF ALCOHOLIC 13
BEVERAGES UNDER THIS PART SHALL USE THE A LCOHOLIC BEVERAGES F OR 14
PERSONAL CONS UMPTION ONLY AND MAY NOT RESELL THE DELIV ERY OR SHIPMENT 15
IN WHOLE OR IN PART . 16
2–176. 17
(A) A PERSON WITHOUT A DIR ECT BEER SHIPPER ’S PERMIT ISSUED UNDE R 18
THIS PART MAY NOT SH IP BEER DIRECTLY TO A CONSUMER IN THE STATE. 19
(B) A PERSON WITHOUT A DIR ECT LIQUOR SHIPPER ’S PERMIT ISSUED 20
UNDER THIS PART MAY NOT SHIP LIQUOR DIRE CTLY TO A CONSUMER I N THE STATE. 21
2–202. 22
(a) There is a Class 1 distillery license. 23
(K) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR 24
ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 25
(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 26
LICENSE; 27
SENATE BILL 1041 19
(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 1
OFF–PREMISES CONSUMPTION ; AND 2
(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR 3
ON–PREMISES CONSUMPTION . 4
(L) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 5
NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON 6
WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES. 7
[(k)] (M) The annual license fee: 8
(1) shall be determined by the Executive Director; and 9
(2) may not exceed $2,000. 10
2–205. 11
(a) There is a Class 3 winery license. 12
(c) An individual may purchase wine under subsection (b)(4) of this section if the 13
individual[: 14
(1) purchases not more than 1 quart in a single year; and 15
(2)] has attained the legal drinking age. 16
(D) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR 17
ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 18
(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 19
LICENSE; 20
(2) THE AMOUNT OF A LCOHOLIC BEVERAGES S OLD FOR 21
OFF–PREMISES CONSUMPTION ; AND 22
(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR 23
ON–PREMISES CONSUMPTION . 24
(E) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 25
NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMP TION TO A PERSON 26
WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES. 27
[(d)] (F) The annual license fee: 28
20 SENATE BILL 1041
(1) shall be determined by the Executive Director; and 1
(2) may not exceed $750. 2
2–206. 3
(a) There is a Class 4 limited winery license. 4
(H) THE LICENSE HOLDER SHALL REPORT TO THE EXECUTIVE DIRECTOR 5
ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 6
(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 7
LICENSE; 8
(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 9
OFF–PREMISES CONSUMPTION ; AND 10
(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SERVED FOR 11
ON–PREMISES CONSUMPTION . 12
(I) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 13
NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON 14
WHO INTENDS TO RESEL L THE ALCOHOLIC BEVERAGES . 15
[(h)] (J) The annual license fee: 16
(1) shall be determined by the Executive Director; and 17
(2) may not exceed $200. 18
2–207. 19
(b) There is a Class 5 brewery license. 20
(K) THE LICENSE HOLDER SH ALL REPORT TO THE EXECUTIVE DIRECTOR 21
ANNUALLY ON A FORM P ROVIDED BY THE EXECUTIVE DIRECTOR ON: 22
(1) THE AMOUNT OF ALCOHO LIC BEVERAGES PRODUC ED UNDER THE 23
LICENSE; 24
(2) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 25
OFF–PREMISES CONSUMPTION ; AND 26
(3) THE AMOUNT OF ALCOHO LIC BEVERAGES SOLD F OR 27
ON–PREMISES CONSUMPTION . 28 SENATE BILL 1041 21
(L) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE LICENSE HOLDER M AY 1
NOT SELL ALCOHOLIC B EVERAGES FOR OFF –PREMISES CONSUMPTION TO A PERSON 2
WHO INTENDS TO RESEL L THE ALCOHOLIC BEVE RAGES. 3
2–214. 4
(a) Except as otherwise provided with respect to a DELIVERY PERMIT ISSU ED 5
UNDER SUBTITLE 1, PART V OR PART VIII OF DIVISION I OF THIS ARTICLE, TITLE 6
OR A 1–day license in Division II of this article, and subject to subsection (b) of this section, 7
a holder of a manufacturer’s license may not sell or deliver alcoholic beverages to a person 8
in the State that does not hold a license or permit under this article. 9
Article – Tax – General 10
13–825. 11
(a) The Comptroller may require a person whose gross receipts are subject to 12
admissions and amusement tax and whose business is not a permanent operation in the 13
State to post security for the tax in the amount that the Comptroller determines. 14
(b) The Comptroller shall require: 15
(1) a manufacturer, wholesaler, or nonresident winery permit holder who 16
sells or delivers beer or wine to retailers in the State to post security for the alcoholic 17
beverage tax: 18
(i) in an amount not less than: 19
1. $1,000 for beer; and 20
2. $1,000 for wine; and 21
(ii) if the alcoholic beverage tax on beer and wine paid in any 1 22
month exceeds $1,000, in an additional amount at least equal to the excess; 23
(2) a manufacturer or wholesaler who sells or delivers any distilled spirits 24
or any wine and distilled spirits in the State to post a security for the alcoholic beverage 25
tax: 26
(i) in an amount not less than $5,000; and 27
(ii) in an additional amount: 28
22 SENATE BILL 1041
1. equal to twice the amount of its largest monthly alcoholic 1
beverage tax liability for wine and distilled spirits in the preceding calendar year less 2
$5,000; or 3
2. if the information for the preceding calendar year is not 4
available or cannot be provided, equal to the amount that the Comptroller requires; and 5
(3) except as provided in subsection (i) of this section, a holder of a direct 6
wine shipper’s permit, DIRECT BEER SHIPPER ’S PERMIT, OR DIRECT LIQUOR 7
SHIPPER’S PERMIT to post security for the alcoholic beverage tax in an amount not less 8
than $1,000. 9
(i) A person need not post security under subsection (b)(3) of this section if: 10
(1) the person is a manufacturer that has posted security under subsection 11
(b)(2) of this section; or 12
(2) at any time starting 3 years after the Comptroller first issues a direct 13
wine shipper’s permit to the person, the Comptroller: 14
(i) determines that the person has a substantial record of tax and 15
reporting compliance; and 16
(ii) waives the security requirement. 17
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
as follows: 19
Article – Alcoholic Beverages and Cannabis 20
2–202. 21
(a) There is a Class 1 distillery license. 22
(c) A license holder may: 23
(1) establish and operate a plant for distilling, rectifying, blending, and 24
bottling, at the location described in the license: 25
(i) brandy; 26
(ii) rum; 27
(iii) whiskey; 28
(iv) alcohol; and 29
SENATE BILL 1041 23
(v) neutral spirits; 1
(2) sell and deliver the alcoholic beverages: 2
(i) in bulk to a person in the State that is authorized to acquire 3
them; and 4
(ii) to a person outside the State that is authorized to acquire them; 5
(3) manufacture an alcoholic beverage listed in item (1) of this subsection 6
in the name of another person or under a trade name if the other person or trade name also 7
holds a Class 1 distillery license; 8
(4) acquire alcoholic beverages from the holder of a manufacturer’s license 9
or wholesaler’s license or nonresident dealer’s permit for use in manufacturing; 10
(5) (i) conduct guided tours of the licensed premises; 11
(ii) at no cost or for a fee, serve to an individual who has attained the 12
legal drinking age and participated in a guided tour of the licensed premises, not more than 13
2 ounces of products, with each product sample consisting of not more than one–half ounce 14
from a single product manufactured by the license holder; 15
(iii) serve samples blended with other products manufactured by the 16
license holder or nonalcoholic ingredients; and 17
(iv) sell [not more than 2.25 liters of] products manufactured on the 18
licensed premises, for off–premises consumption, and related merchandise to an individual 19
who has attained the legal drinking age [and participated in a guided tour of the licensed 20
premises]; and 21
(6) subject to subsection (i) of this section, sell liquor manufactured by the 22
license holder that is mixed with other nonalcoholic ingredients. 23
2–207. 24
(b) There is a Class 5 brewery license. 25
(c) A license holder may: 26
(1) establish and operate a plant for brewing and bottling malt beverages 27
at the location described in the license; 28
(2) import beer from a holder of a nonresident dealer’s permit; 29
24 SENATE BILL 1041
(3) contract to brew and bottle beer with and on behalf of the holder of a 1
Class 2 rectifying license, Class 5 brewery license, Class 7 micro–brewery license, Class 8 2
farm brewery license, or a nonresident dealer’s permit; 3
(4) sell and deliver beer to: 4
(i) a holder of a wholesaler’s license that is authorized to acquire 5
beer; or 6
(ii) a person outside of the State that is authorized to acquire beer; 7
(5) subject to subsection (i) of this section, serve, at the location described 8
in the license and at no charge, samples of beer, consisting of a total of not more than 18 9
ounces of beer per visit, to an individual who: 10
(i) has attained the legal drinking age; and 11
(ii) is participating in a guided tour of the brewery or attends a 12
scheduled promotional event or other organized activity at the brewery; 13
(6) subject to subsections (d) and (i) of this section, sell beer for 14
off–premises consumption at the location described in the license, at retail in a container 15
other than a keg to an individual who has attained legal drinking age; 16
(7) subject to subsection (f) of this section, sell beer at the location described 17
in the license for on–premises consumption; and 18
(8) brew and bottle malt beverages at a location listed on a permit issued 19
to the license holder in accordance with § 2–113 of this title. 20
(d) An individual may purchase beer under subsection (c)(6) of this section if the 21
individual[: 22
(1) purchases not more than 288 ounces of beer per visit; and 23
(2)] has attained the legal drinking age. 24
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 25
effect July 1, 2024, the effective date of Chapter 594 of the Acts of the General Assembly of 26
2023. If the effective date of Chapter 594 is amended, Section 2 of this Act shall take effect 27
on the taking effect of Chapter 594. 28
SECTION 4. AND BE IT FURTHER ENACTED, That the Executive Director of the 29
Alcohol, Tobacco, and Cannabis Commission shall evaluate the implementation of a 30
standard digital age verification system that holders of a direct delivery permit issued 31
under Title 2, Subtitle 1, Part V or Part VIII of Division I of the Alcoholic Beverages and 32 SENATE BILL 1041 25
Cannabis Article, as enacted by Section 1 of this Act, shall use to verify the age of a person 1
accepting the delivery of alcoholic beverages. 2
SECTION 4. 5. AND BE IT FURTHER ENACTED, That, subject to Section 3 of this 3
Act, this Act shall take effect July 1, 2024. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.