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.
*sb0428*
SENATE BILL 428
A2 4lr1675
By: Senator McKay
Introduced and read first time: January 19, 2024
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted
Read second time: February 23, 2024
CHAPTER ______
AN ACT concerning 1
Garrett County Alcoholic Beverages Act of 2024 2
FOR the purpose of establishing a resort beer license, a resort beer and wine license, and a 3
beer, wine, and liquor festival license in Garrett County; altering the hours of sale 4
for alcoholic beverages on Sundays for certain licenses; altering the residency 5
requirements for certain applicants for an alcoholic beverages license in the county; 6
prohibiting alcoholic beverages from being brought into places of adult 7
entertainment and consumed or transferred; establishing certain penalties for a 8
person that brings alcoholic beverages into a place of adult entertainment and 9
consumes or transfers the alcoholic beverages; altering the maximum fine for 10
violating an alcoholic beverages law affecting the county; and generally relating to 11
alcoholic beverages in Garrett County. 12
BY repealing and reenacting, without amendments, 13
Article – Alcoholic Beverages and Cannabis 14
Section 21–102 and 21–2002(a) 15
Annotated Code of Maryland 16
(2016 Volume and 2023 Supplement) 17
BY adding to 18
Article – Alcoholic Beverages and Cannabis 19
Section 21–1002, 21–1002.1, 21–1304.3, 21–1408, and 21–2502 20
Annotated Code of Maryland 21
(2016 Volume and 2023 Supplement) 22
2 SENATE BILL 428
BY repealing and reenacting, with amendments, 1
Article – Alcoholic Beverages and Cannabis 2
Section 21–1002, 21–1401, 21–2002(f), 21–2003, 21–2004, and 21–2802 3
Annotated Code of Maryland 4
(2016 Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Alcoholic Beverages and Cannabis 8
21–102. 9
This title applies only in Garrett County. 10
21–1002. 11
(A) THERE IS A CLASS B–RESORT BEER LICENSE. 12
(B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A 13
COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE: 14
(1) LOCATED ON THE SAME CONTIGUOUS PROPERTY ; 15
(2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE 16
LICENSED PREMISES; AND 17
(3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL, 18
RECREATIONAL , OR RESTAURANT FACILI TIES. 19
(C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SELL BEER FOR 20
ON– OR OFF–PREMISES CONSUMPTION AT A HOTEL, MOTEL, RECREATIONAL , OR 21
RESTAURANT FACILITY AT RETAIL AT THE PLA CE DESCRIBED IN THE LICENSE. 22
(D) THE LICENSE HOLDER MA Y SELL BEER DURING THE HOURS AND DAYS 23
AS SET OUT FOR A CLASS B BEER LICENSE UNDER § 21–2002 OF THIS TITLE. 24
(E) THE ANNUAL LICENSE FE ES ARE: 25
(1) $300 FOR A 6–DAY LICENSE FOR TWO FACILITIE S; 26
(2) $150 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE; 27
(3) $350 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND 28 SENATE BILL 428 3
(4) $175 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE. 1
(F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE F OR A NEW 2
LICENSE IN AN AMOUNT EQUAL TO THE ANNUAL LICENSE FEE. 3
21–1002.1. 4
(A) THERE IS A CLASS B–RESORT BEER AND WINE LICENSE. 5
(B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A 6
COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE: 7
(1) LOCATED ON THE SAME CONTIGUOUS PROPERTY ; 8
(2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE 9
LICENSED PREMISES ; AND 10
(3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL, 11
RECREATIONAL , OR RESTAURANT FACILI TIES. 12
(C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SELL AT A HOTEL , 13
MOTEL, RECREATIONAL , OR RESTAURANT FACILITY AT RETAIL AT THE PLA CE 14
DESCRIBED IN THE LIC ENSE: 15
(1) BEER AND WINE FOR ON –PREMISES CONSUMPTION ; AND 16
(2) BEER FOR OFF–PREMISES CONSUMPTION . 17
(D) THE LICENSE HOLDER MA Y SELL BEER AND WINE DURING THE HOURS 18
AND DAYS AS SET OUT FOR A CLASS B BEER AND WINE LICENSE UNDER § 21–2003 19
OF THIS TITLE. 20
(E) THE ANNUAL LICENSE FE ES ARE: 21
(1) $700 FOR A 6–DAY LICENSE FOR TWO FACILITIES; 22
(2) $350 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE; 23
(3) $820 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND 24
(4) $410 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE. 25
4 SENATE BILL 428
(F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE FOR A NEW 1
LICENSE IN AN AMOUNT EQUAL TO THE A NNUAL LICENSE FEE . 2
[21–1002.] 21–1002.2. 3
(a) There is a Class B–resort beer, wine, and liquor license. 4
(b) The Board may issue the license to a license holder for a complex that has at 5
least two facilities that are: 6
(1) located on the same contiguous property; 7
(2) separated by at least 150 feet from the main area of the licensed 8
premises; and 9
(3) determined by the Board to be hotel, motel, recreational, or restaurant 10
facilities. 11
(c) The license authorizes the license holder to sell at a hotel, motel, 12
RECREATION AL, or restaurant FACILITY at retail at the place described in the license: 13
(1) beer, wine, and liquor for on–premises consumption; and 14
(2) beer for off–premises consumption. 15
(d) The license holder may sell beer, wine, and liquor during the hours and days 16
as set out for a Class B beer, wine, and liquor license under § 21–2004 of this title. 17
(e) The annual license fees are: 18
(1) $3,000 for a 6–day license for two facilities; 19
(2) $1,500 for each additional facility for a 6–day license; 20
(3) $3,500 for a 7–day license for two facilities; and 21
(4) $1,750 for each additional facility for a 7–day license. 22
(f) The Board shall charge a one–time issuing fee for a new license in an amount 23
equal to the annual license fee. 24
21–1304.3. 25
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26
INDICATED. 27
SENATE BILL 428 5
(2) “FESTIVAL” MEANS THE GARRETT COUNTY BEER, WINE, AND 1
LIQUOR FESTIVAL. 2
(3) “FESTIVAL ORGANIZATION ” MEANS A NONPROFIT OR GANIZATION 3
THAT IS CHOSEN BY TH E COUNTY IN ACCORDANCE WITH S UBSECTION (C) OF THIS 4
SECTION TO ORGANIZE A FESTIVAL. 5
(B) (1) THERE IS A BEER, WINE, AND LIQUOR FESTIVAL LICENSE. 6
(2) UNDER THE SUPERVISION OF THE BOARD, THE FESTIVAL 7
ORGANIZATION MAY CON DUCT THE FESTIVAL ANNUALLY FOR A FIXED PERIOD OF 8
TIME OF UP TO 3 CONSECUTIVE DAYS . 9
(C) (1) IN SELECTING A NONPRO FIT ORGANIZATION TO BE A FESTIVAL 10
ORGANIZATION , THE COUNTY SHALL ENS URE THAT THE NONPROF IT ORGANIZATION 11
HAS EXTENSIVE EXPERI ENCE IN ORGANIZING A ND MANAGING LARGE –SCALE PUBLIC 12
EVENTS. 13
(2) THE BOARD MAY ISSUE NOT M ORE THAN FOUR BEER , WINE, AND 14
LIQUOR FESTIVAL LICENSES EA CH YEAR. 15
(D) THE BOARD MAY ISSUE THE BEER, WINE, AND LIQUOR FESTIVAL 16
LICENSE TO A HOLDER OF A RETAIL LICENSE OR A PERSON THAT IS ELIGIBLE TO 17
HOLD A CLASS C MULTIPLE DAY OR MULTIPLE EV ENT LICENSE. 18
(E) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO DISPLAY AN D SELL 19
BEER, WINE, AND LIQUOR THAT IS: 20
(1) MANUFACTURED AND PRO CESSED IN OR OUTSIDE THE STATE; 21
AND 22
(2) DISTRIBUTED IN THE STATE WHEN THE LICENS E APPLICATION IS 23
FILED. 24
(F) A LICENSE HOLDER SHALL DISPLAY AND SELL BEE R, WINE, AND 25
LIQUOR: 26
(1) AT RETAIL FOR ON – AND OFF–PREMISES CONSUMPTION ; AND 27
(2) DURING THE HOURS AND DAYS DESIGNATED FOR THE FESTIVAL. 28
(G) THE BOARD SHALL: 29
6 SENATE BILL 428
(1) HOLD A HEARING ON A LICENSE APPLICATION ; AND 1
(2) PUBLISH NOTICE OF A LICENSE APPLICATION HEARING IN A 2
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY ONE TIME AT LE AST 7 DAYS 3
BEFORE THE HEARING . 4
(H) (1) THE BOARD SHALL CHOOSE A LOCATION FOR THE FES TIVAL THAT 5
IS NOT ALREAD Y LICENSED. 6
(2) IF THE LOCATION CHOSE N ALLOWS FOR SUNDAY SALES, SUNDAY 7
SALES MAY BEGIN AT 10 A.M. 8
(I) BEER, WINE, AND LIQUOR DISPLAYED AND SOLD S HALL BE: 9
(1) INVOICED TO THE LICE NSE HOLDER BY A RETA ILER OR 10
WHOLESALER ; AND 11
(2) DELIVERED TO THE FESTIVAL FROM THE LI CENSED PREMISES OF 12
THE RETAILER OR WHOL ESALER. 13
(J) A HOLDER OF A RETAIL L ICENSE OR STATE WHOLESALER ’S LICENSE 14
MAY ENTER INTO AN AG REEMENT WITH THE HOL DER OF THE BEER, WINE, AND 15
LIQUOR FESTIVAL LICENSE TO: 16
(1) DELIVER BEER, WINE, AND LIQUOR NOT EARLIER THAN 2 DAYS 17
BEFORE THE EFFECTIVE DATE OF THE LICENSE ; AND 18
(2) ACCEPT RETURNS NOT L ATER THAN 5 DAYS AFTER THE 19
EXPIRATION DATE OF T HE LICENSE. 20
(K) THE BOARD SHALL ESTABLISH THE BEER, WINE, AND LIQUOR FESTIVAL 21
LICENSE FEE. 22
(L) THE BOARD SHALL ADOPT REG ULATIONS TO CARRY OU T THIS SECTION. 23
21–1401. 24
(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) 25
of Division I of this article apply in the county without exception or variation: 26
(1) § 4–102 (“Applications to be filed with local licensing board”); 27
(2) § 4–103 (“Application on behalf of partnership”); 28
SENATE BILL 428 7
(3) § 4–104 (“Application on behalf of corporation or club”); 1
(4) § 4–105 (“Application on behalf of limited liability company”); 2
(5) § 4–106 (“Payment of notice expenses”); 3
(6) § 4–108 (“Application form required by Comptroller”); 4
(7) [§ 4–109 (“Required information on application – In general”); 5
(8)] § 4–110 (“Required information on application – Petition of support”); 6
[(9)] (8) § 4–113 (“Refund of license fees”); and 7
[(10)] (9) § 4–114 (“Fees for licenses issued for less than 1 year”). 8
(b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) 9
of Division I of this article apply in the county: 10
(1) § 4–107 (“Criminal history records check”), subject to §§ 21–1402 11
through 21–1405 of this subtitle; 12
(2) § 4–109 (“REQUIRED INFORMATION ON APPLICATION – IN 13
GENERAL”), SUBJECT TO § 21–1408 OF THIS SUBTITLE ; 14
(3) § 4–111 (“Payment of license fees”), subject to § 21–1406 of this subtitle; 15
and 16
[(3)] (4) § 4–112 (“Disposition of license fees”), subject to § 21–1407 of this 17
subtitle. 18
21–1408. 19
(A) AT THE TIME AN APPLIC ATION FOR AN ALCOHOL IC BEVERAGES 20
LICENSE IS FILED, AT LEAST ONE OF THE APPLICANTS SHALL BE A RESIDENT OF THE 21
STATE. 22
(B) THE LICENSE REMAINS V ALID ONLY FOR AS LON G AS AT LEAST ONE OF 23
THE APPLICANTS REMAINS A RESIDENT O F THE STATE. 24
21–2002. 25
(a) This section does not apply to the hours of sale on December 31 and January 26
1 set out in § 21–2007 of this subtitle. 27
8 SENATE BILL 428
(f) Sunday sales for a Class A, Class B, or Class D license are allowed from [10 1
a.m.] 6 A.M. to midnight in: 2
(1) election districts 11 and 15; and 3
(2) any other election district or precinct of an election district in which the 4
voters in a referendum authorized by law approve Sunday sales as specified in this 5
paragraph. 6
21–2003. 7
(a) This section does not apply to the hours of sale on December 31 and January 8
1 set out in § 21–2007 of this subtitle. 9
(b) (1) A holder of a Class A beer and wine license may sell beer and wine on 10
Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 11
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 12
(i) election districts 11 and 15; and 13
(ii) any other election district or precinct of an election district in 14
which the voters in a referendum authorized by law approve Sunday sales as specified in 15
this paragraph. 16
(c) (1) A holder of a Class B beer and wine license may sell beer and wine on 17
Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 18
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 19
(i) election districts 11 and 15; and 20
(ii) any other election district or precinct of an election district in 21
which the voters in a referendum authorized by law approve Sunday sales as specified in 22
this paragraph. 23
(d) Reserved. 24
(e) (1) A holder of a Class D beer and wine license may sell beer and wine on 25
Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 26
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 27
(i) election districts 11 and 15; and 28
SENATE BILL 428 9
(ii) any other election district or precinct of an election district in 1
which the voters in a referendum authorized by law approve Sunday sales as specified in 2
this paragraph. 3
21–2004. 4
(a) This section does not apply to the hours of sale on December 31 and January 5
1 set out in § 21–2007 of this subtitle. 6
(b) Reserved. 7
(c) (1) A holder of a Class B beer, wine, and liquor license may sell beer, wine, 8
and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 9
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 10
(i) election districts 11 and 15; and 11
(ii) any other election district or precinct of an election district in 12
which the voters in a referendum authorized by law approve Sunday sales as specified in 13
this paragraph. 14
(d) (1) A holder of a Class BDR (deluxe restaurant) beer, wine, and liquor 15
license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. 16
the following day. 17
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 18
(i) election districts 11 and 15; and 19
(ii) any other election district or precinct of an election district in 20
which the voters in a referendum authorized by law approve Sunday sales as specified in 21
this paragraph. 22
(e) (1) A holder of a Class C beer, wine, and liquor license may sell beer, wine, 23
and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 24
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 25
(i) election districts 11 and 15; and 26
(ii) any other election district in which the voters by referendum 27
approve Sunday sales. 28
(f) (1) A holder of a Class D beer, wine, and liquor license may sell beer, wine, 29
and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 30
10 SENATE BILL 428
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 1
(i) election districts 11 and 15; and 2
(ii) any other election district or precinct of an election district in 3
which the voters in a referendum authorized by law approve Sunday sales as specified in 4
this paragraph. 5
21–2502. 6
(A) ALCOHOLIC BEVERAGES M AY NOT BE BROUGHT IN TO AN 7
ESTABLISHMENT AND CO NSUMED OR TRANSFERRED IF THE ESTABLISHMENT IS A 8
PLACE OF ADULT ENTER TAINMENT OF THE TYPE PROHIBITED UNDER § 4–605 OF 9
THIS ARTICLE. 10
(B) (1) A PERSON WHO OPERATES A PLACE OF ADULT ENT ERTAINMENT 11
WHO KNOWINGLY ALLOWS A VIOLATION OF THIS SECTION IS GUILTY OF A 12
MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT EXCEEDING $5,000 13
FOR EACH VIOLATION . 14
(2) EACH DAY OF OPERATION IN VIOLATION OF THIS SECTION IS A 15
SEPARATE VIOLATION . 16
21–2802. 17
The Board may impose a fine not exceeding [$3,000] $5,000 or suspend a license for 18
a violation of the alcoholic beverages laws affecting the county. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2024. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.