Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 1044 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 1044 | |
5 | - | (Senate Bill 428) | |
6 | 2 | ||
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 | + | *sb0428* | |
8 | 9 | ||
9 | - | Garrett County Alcoholic Beverages Act of 2024 | |
10 | + | SENATE BILL 428 | |
11 | + | A2 4lr1675 | |
10 | 12 | ||
11 | - | FOR the purpose of establishing a resort beer license, a resort beer and wine license, and a | |
12 | - | beer, wine, and liquor festival license in Garrett County; altering the hours of sale | |
13 | - | for alcoholic beverages on Sundays for certain licenses; altering the residency | |
14 | - | requirements for certain applicants for an alcoholic beverages license in the county; | |
15 | - | prohibiting alcoholic beverages from being brought into places of adult | |
16 | - | entertainment and consumed or transferred; establishing certain penalties for a | |
17 | - | person that brings alcoholic beverages into a place of adult entertainment and | |
18 | - | consumes or transfers the alcoholic beverages; altering the maximum fine for | |
19 | - | violating an alcoholic beverages law affecting the county; and generally relating to | |
20 | - | alcoholic beverages in Garrett County. | |
13 | + | By: Senator McKay | |
14 | + | Introduced and read first time: January 19, 2024 | |
15 | + | Assigned to: Finance | |
16 | + | Committee Report: Favorable | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: February 23, 2024 | |
21 | 19 | ||
22 | - | BY repealing and reenacting, without amendments, | |
23 | - | Article – Alcoholic Beverages and Cannabis | |
24 | - | Section 21–102 and 21–2002(a) | |
25 | - | Annotated Code of Maryland | |
26 | - | (2016 Volume and 2023 Supplement) | |
20 | + | CHAPTER ______ | |
27 | 21 | ||
28 | - | BY adding to | |
29 | - | Article – Alcoholic Beverages and Cannabis | |
30 | - | Section 21–1002, 21–1002.1, 21–1304.3, 21–1408, and 21–2502 | |
31 | - | Annotated Code of Maryland | |
32 | - | (2016 Volume and 2023 Supplement) | |
22 | + | AN ACT concerning 1 | |
33 | 23 | ||
34 | - | BY repealing and reenacting, with amendments, | |
35 | - | Article – Alcoholic Beverages and Cannabis | |
36 | - | Section 21–1002, 21–1401, 21–2002(f), 21–2003, 21–2004, and 21–2802 | |
37 | - | Annotated Code of Maryland | |
38 | - | (2016 Volume and 2023 Supplement) | |
24 | + | Garrett County Alcoholic Beverages Act of 2024 2 | |
39 | 25 | ||
40 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
41 | - | That the Laws of Maryland read as follows: | |
26 | + | FOR the purpose of establishing a resort beer license, a resort beer and wine license, and a 3 | |
27 | + | beer, wine, and liquor festival license in Garrett County; altering the hours of sale 4 | |
28 | + | for alcoholic beverages on Sundays for certain licenses; altering the residency 5 | |
29 | + | requirements for certain applicants for an alcoholic beverages license in the county; 6 | |
30 | + | prohibiting alcoholic beverages from being brought into places of adult 7 | |
31 | + | entertainment and consumed or transferred; establishing certain penalties for a 8 | |
32 | + | person that brings alcoholic beverages into a place of adult entertainment and 9 | |
33 | + | consumes or transfers the alcoholic beverages; altering the maximum fine for 10 | |
34 | + | violating an alcoholic beverages law affecting the county; and generally relating to 11 | |
35 | + | alcoholic beverages in Garrett County. 12 | |
42 | 36 | ||
43 | - | Article – Alcoholic Beverages and Cannabis | |
37 | + | BY repealing and reenacting, without amendments, 13 | |
38 | + | Article – Alcoholic Beverages and Cannabis 14 | |
39 | + | Section 21–102 and 21–2002(a) 15 | |
40 | + | Annotated Code of Maryland 16 | |
41 | + | (2016 Volume and 2023 Supplement) 17 | |
44 | 42 | ||
45 | - | 21–102. | |
43 | + | BY adding to 18 | |
44 | + | Article – Alcoholic Beverages and Cannabis 19 | |
45 | + | Section 21–1002, 21–1002.1, 21–1304.3, 21–1408, and 21–2502 20 | |
46 | + | Annotated Code of Maryland 21 | |
47 | + | (2016 Volume and 2023 Supplement) 22 | |
48 | + | 2 SENATE BILL 428 | |
46 | 49 | ||
47 | - | This title applies only in Garrett County. | |
48 | 50 | ||
49 | - | 21–1002. Ch. 1044 2024 LAWS OF MARYLAND | |
51 | + | BY repealing and reenacting, with amendments, 1 | |
52 | + | Article – Alcoholic Beverages and Cannabis 2 | |
53 | + | Section 21–1002, 21–1401, 21–2002(f), 21–2003, 21–2004, and 21–2802 3 | |
54 | + | Annotated Code of Maryland 4 | |
55 | + | (2016 Volume and 2023 Supplement) 5 | |
50 | 56 | ||
51 | - | – 2 – | |
57 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
58 | + | That the Laws of Maryland read as follows: 7 | |
52 | 59 | ||
53 | - | ||
60 | + | Article – Alcoholic Beverages and Cannabis 8 | |
54 | 61 | ||
55 | - | (B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A | |
56 | - | COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE: | |
62 | + | 21–102. 9 | |
57 | 63 | ||
58 | - | | |
64 | + | This title applies only in Garrett County. 10 | |
59 | 65 | ||
60 | - | (2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE | |
61 | - | LICENSED PREMISES; AND | |
66 | + | 21–1002. 11 | |
62 | 67 | ||
63 | - | (3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL, | |
64 | - | RECREATIONAL , OR RESTAURANT FACILI TIES. | |
68 | + | (A) THERE IS A CLASS B–RESORT BEER LICENSE. 12 | |
65 | 69 | ||
66 | - | (C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SELL BEER FOR | |
67 | - | ON– OR OFF–PREMISES CONSUMPTION AT A HOTEL, MOTEL, RECREATIONAL , OR | |
68 | - | RESTAURANT FACILITY AT RETAIL AT THE PLA CE DESCRIBED IN THE LICENSE. | |
70 | + | (B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A 13 | |
71 | + | COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE: 14 | |
69 | 72 | ||
70 | - | (D) THE LICENSE HOLDER MA Y SELL BEER DURING THE HOURS AND DAYS | |
71 | - | AS SET OUT FOR A CLASS B BEER LICENSE UNDER § 21–2002 OF THIS TITLE. | |
73 | + | (1) LOCATED ON THE SAME CONTIGUOUS PROPERTY ; 15 | |
72 | 74 | ||
73 | - | (E) THE ANNUAL LICENSE FE ES ARE: | |
75 | + | (2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE 16 | |
76 | + | LICENSED PREMISES; AND 17 | |
74 | 77 | ||
75 | - | (1) $300 FOR A 6–DAY LICENSE FOR TWO FACILITIES ; | |
78 | + | (3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL, 18 | |
79 | + | RECREATIONAL , OR RESTAURANT FACILI TIES. 19 | |
76 | 80 | ||
77 | - | (2) $150 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE; | |
81 | + | (C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SELL BEER FOR 20 | |
82 | + | ON– OR OFF–PREMISES CONSUMPTION AT A HOTEL, MOTEL, RECREATIONAL , OR 21 | |
83 | + | RESTAURANT FACILITY AT RETAIL AT THE PLA CE DESCRIBED IN THE LICENSE. 22 | |
78 | 84 | ||
79 | - | (3) $350 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND | |
85 | + | (D) THE LICENSE HOLDER MA Y SELL BEER DURING THE HOURS AND DAYS 23 | |
86 | + | AS SET OUT FOR A CLASS B BEER LICENSE UNDER § 21–2002 OF THIS TITLE. 24 | |
80 | 87 | ||
81 | - | ( | |
88 | + | (E) THE ANNUAL LICENSE FE ES ARE: 25 | |
82 | 89 | ||
83 | - | (F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE FOR A NEW | |
84 | - | LICENSE IN AN AMOUNT EQUAL TO THE ANNUAL LICENSE FEE. | |
90 | + | (1) $300 FOR A 6–DAY LICENSE FOR TWO FACILITIE S; 26 | |
85 | 91 | ||
86 | - | ||
92 | + | (2) $150 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE; 27 | |
87 | 93 | ||
88 | - | ( | |
94 | + | (3) $350 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND 28 SENATE BILL 428 3 | |
89 | 95 | ||
90 | - | (B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A | |
91 | - | COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE: | |
92 | 96 | ||
93 | - | (1) LOCATED ON THE SAME CONTIGUO US PROPERTY; WES MOORE, Governor Ch. 1044 | |
94 | 97 | ||
95 | - | – | |
98 | + | (4) $175 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE. 1 | |
96 | 99 | ||
97 | - | ( | |
98 | - | ||
100 | + | (F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE F OR A NEW 2 | |
101 | + | LICENSE IN AN AMOUNT EQUAL TO THE ANNUAL LICENSE FEE. 3 | |
99 | 102 | ||
100 | - | (3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL, | |
101 | - | RECREATIONAL , OR RESTAURANT FACILI TIES. | |
103 | + | 21–1002.1. 4 | |
102 | 104 | ||
103 | - | (C) THE LICENSE AUTHORIZE S THE LICENSE HOL DER TO SELL AT A HOT EL, | |
104 | - | MOTEL, RECREATIONAL , OR RESTAURANT FACILITY AT RETAIL AT THE PLA CE | |
105 | - | DESCRIBED IN THE LIC ENSE: | |
105 | + | (A) THERE IS A CLASS B–RESORT BEER AND WINE LICENSE. 5 | |
106 | 106 | ||
107 | - | (1) BEER AND WINE FOR ON –PREMISES CONSUMPTION ; AND | |
107 | + | (B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A 6 | |
108 | + | COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE: 7 | |
108 | 109 | ||
109 | - | ( | |
110 | + | (1) LOCATED ON THE SAME CONTIGUOUS PROPERTY ; 8 | |
110 | 111 | ||
111 | - | (D) THE LICENSE HOLDER MA Y SELL BEER AND WINE DURING THE HOURS | |
112 | - | AND DAYS AS SET OUT FOR A CLASS B BEER AND WINE LICENSE UNDER § 21–2003 | |
113 | - | OF THIS TITLE. | |
112 | + | (2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE 9 | |
113 | + | LICENSED PREMISES ; AND 10 | |
114 | 114 | ||
115 | - | (E) THE ANNUAL LICENSE FE ES ARE: | |
115 | + | (3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL, 11 | |
116 | + | RECREATIONAL , OR RESTAURANT FACILI TIES. 12 | |
116 | 117 | ||
117 | - | (1) $700 FOR A 6–DAY LICENSE FOR TWO FACILITIES; | |
118 | + | (C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SELL AT A HOTEL , 13 | |
119 | + | MOTEL, RECREATIONAL , OR RESTAURANT FACILITY AT RETAIL AT THE PLA CE 14 | |
120 | + | DESCRIBED IN THE LIC ENSE: 15 | |
118 | 121 | ||
119 | - | ( | |
122 | + | (1) BEER AND WINE FOR ON –PREMISES CONSUMPTION ; AND 16 | |
120 | 123 | ||
121 | - | ( | |
124 | + | (2) BEER FOR OFF–PREMISES CONSUMPTION . 17 | |
122 | 125 | ||
123 | - | (4) $410 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE. | |
126 | + | (D) THE LICENSE HOLDER MA Y SELL BEER AND WINE DURING THE HOURS 18 | |
127 | + | AND DAYS AS SET OUT FOR A CLASS B BEER AND WINE LICENSE UNDER § 21–2003 19 | |
128 | + | OF THIS TITLE. 20 | |
124 | 129 | ||
125 | - | (F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE FOR A NEW | |
126 | - | LICENSE IN AN AMOUNT EQUAL TO THE ANNUAL LICENSE FEE. | |
130 | + | (E) THE ANNUAL LICENSE FE ES ARE: 21 | |
127 | 131 | ||
128 | - | ||
132 | + | (1) $700 FOR A 6–DAY LICENSE FOR TWO FACILITIES; 22 | |
129 | 133 | ||
130 | - | ( | |
134 | + | (2) $350 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE; 23 | |
131 | 135 | ||
132 | - | (b) The Board may issue the license to a license holder for a complex that has at | |
133 | - | least two facilities that are: | |
136 | + | (3) $820 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND 24 | |
134 | 137 | ||
135 | - | (1) located on the same contiguous property; | |
138 | + | (4) $410 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE. 25 | |
139 | + | 4 SENATE BILL 428 | |
136 | 140 | ||
137 | - | (2) separated by at least 150 feet from the main area of the licensed | |
138 | - | premises; and | |
139 | - | Ch. 1044 2024 LAWS OF MARYLAND | |
140 | 141 | ||
141 | - | – 4 – | |
142 | - | (3) determined by the Board to be hotel, motel, recreational, or restaurant | |
143 | - | facilities. | |
142 | + | (F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE FOR A NEW 1 | |
143 | + | LICENSE IN AN AMOUNT EQUAL TO THE A NNUAL LICENSE FEE . 2 | |
144 | 144 | ||
145 | - | (c) The license authorizes the license holder to sell at a hotel, motel, | |
146 | - | RECREATION AL, or restaurant FACILITY at retail at the place described in the license: | |
145 | + | [21–1002.] 21–1002.2. 3 | |
147 | 146 | ||
148 | - | ( | |
147 | + | (a) There is a Class B–resort beer, wine, and liquor license. 4 | |
149 | 148 | ||
150 | - | (2) beer for off–premises consumption. | |
149 | + | (b) The Board may issue the license to a license holder for a complex that has at 5 | |
150 | + | least two facilities that are: 6 | |
151 | 151 | ||
152 | - | (d) The license holder may sell beer, wine, and liquor during the hours and days | |
153 | - | as set out for a Class B beer, wine, and liquor license under § 21–2004 of this title. | |
152 | + | (1) located on the same contiguous property; 7 | |
154 | 153 | ||
155 | - | (e) The annual license fees are: | |
154 | + | (2) separated by at least 150 feet from the main area of the licensed 8 | |
155 | + | premises; and 9 | |
156 | 156 | ||
157 | - | (1) $3,000 for a 6–day license for two facilities; | |
157 | + | (3) determined by the Board to be hotel, motel, recreational, or restaurant 10 | |
158 | + | facilities. 11 | |
158 | 159 | ||
159 | - | (2) $1,500 for each additional facility for a 6–day license; | |
160 | + | (c) The license authorizes the license holder to sell at a hotel, motel, 12 | |
161 | + | RECREATION AL, or restaurant FACILITY at retail at the place described in the license: 13 | |
160 | 162 | ||
161 | - | ( | |
163 | + | (1) beer, wine, and liquor for on–premises consumption; and 14 | |
162 | 164 | ||
163 | - | ( | |
165 | + | (2) beer for off–premises consumption. 15 | |
164 | 166 | ||
165 | - | ( | |
166 | - | ||
167 | + | (d) The license holder may sell beer, wine, and liquor during the hours and days 16 | |
168 | + | as set out for a Class B beer, wine, and liquor license under § 21–2004 of this title. 17 | |
167 | 169 | ||
168 | - | ||
170 | + | (e) The annual license fees are: 18 | |
169 | 171 | ||
170 | - | (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS | |
171 | - | INDICATED. | |
172 | + | (1) $3,000 for a 6–day license for two facilities; 19 | |
172 | 173 | ||
173 | - | (2) “FESTIVAL” MEANS THE GARRETT COUNTY BEER, WINE, AND | |
174 | - | LIQUOR FESTIVAL. | |
174 | + | (2) $1,500 for each additional facility for a 6–day license; 20 | |
175 | 175 | ||
176 | - | (3) “FESTIVAL ORGANIZATION ” MEANS A NONPROFIT OR GANIZATION | |
177 | - | THAT IS CHOSEN BY TH E COUNTY IN ACCORDAN CE WITH SUBSECTION (C) OF THIS | |
178 | - | SECTION TO ORGANIZE A FESTIVAL. | |
176 | + | (3) $3,500 for a 7–day license for two facilities; and 21 | |
179 | 177 | ||
180 | - | ( | |
178 | + | (4) $1,750 for each additional facility for a 7–day license. 22 | |
181 | 179 | ||
182 | - | (2) UNDER THE SUPERVISION OF THE BOARD, THE FESTIVAL | |
183 | - | ORGANIZATION MAY CON DUCT THE FESTIVAL ANNUALLY FOR A FIXED PERIOD OF | |
184 | - | TIME OF UP TO 3 CONSECUTIVE DAYS . | |
185 | - | WES MOORE, Governor Ch. 1044 | |
180 | + | (f) The Board shall charge a one–time issuing fee for a new license in an amount 23 | |
181 | + | equal to the annual license fee. 24 | |
186 | 182 | ||
187 | - | – 5 – | |
188 | - | (C) (1) IN SELECTING A NONPRO FIT ORGANIZATION TO BE A FESTIVAL | |
189 | - | ORGANIZATION , THE COUNTY SHALL ENS URE THAT THE NONPROF IT ORGANIZATION | |
190 | - | HAS EXTENSIVE EXPERI ENCE IN ORGANIZING A ND MANAGING LARGE –SCALE PUBLIC | |
191 | - | EVENTS. | |
183 | + | 21–1304.3. 25 | |
192 | 184 | ||
193 | - | (2) THE BOARD MAY ISSUE NOT M ORE THAN FOUR BEER, WINE, AND | |
194 | - | LIQUOR FESTIVAL LICENSES EA CH YEAR. | |
185 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 26 | |
186 | + | INDICATED. 27 | |
187 | + | SENATE BILL 428 5 | |
195 | 188 | ||
196 | - | (D) THE BOARD MAY ISSUE THE BEER, WINE, AND LIQUOR FESTIVAL | |
197 | - | LICENSE TO A HOLDER OF A RETAIL LICENSE OR A PERSON THAT IS ELIGIBLE TO | |
198 | - | HOLD A CLASS C MULTIPLE DAY OR MULT IPLE EVENT LICENSE . | |
199 | 189 | ||
200 | - | ( | |
201 | - | ||
190 | + | (2) “FESTIVAL” MEANS THE GARRETT COUNTY BEER, WINE, AND 1 | |
191 | + | LIQUOR FESTIVAL. 2 | |
202 | 192 | ||
203 | - | (1) MANUFACTURED AND PRO CESSED IN OR OUTSIDE THE STATE; | |
204 | - | AND | |
193 | + | (3) “FESTIVAL ORGANIZATION ” MEANS A NONPROFIT OR GANIZATION 3 | |
194 | + | THAT IS CHOSEN BY TH E COUNTY IN ACCORDANCE WITH S UBSECTION (C) OF THIS 4 | |
195 | + | SECTION TO ORGANIZE A FESTIVAL. 5 | |
205 | 196 | ||
206 | - | (2) DISTRIBUTED IN THE STATE WHEN THE LICENS E APPLICATION IS | |
207 | - | FILED. | |
197 | + | (B) (1) THERE IS A BEER, WINE, AND LIQUOR FESTIVAL LICENSE. 6 | |
208 | 198 | ||
209 | - | (F) A LICENSE HOLDER SHALL DISPLAY AND SELL BEE R, WINE, AND | |
210 | - | LIQUOR: | |
199 | + | (2) UNDER THE SUPERVISION OF THE BOARD, THE FESTIVAL 7 | |
200 | + | ORGANIZATION MAY CON DUCT THE FESTIVAL ANNUALLY FOR A FIXED PERIOD OF 8 | |
201 | + | TIME OF UP TO 3 CONSECUTIVE DAYS . 9 | |
211 | 202 | ||
212 | - | (1) AT RETAIL FOR ON – AND OFF–PREMISES CONSUMPTION ; AND | |
203 | + | (C) (1) IN SELECTING A NONPRO FIT ORGANIZATION TO BE A FESTIVAL 10 | |
204 | + | ORGANIZATION , THE COUNTY SHALL ENS URE THAT THE NONPROF IT ORGANIZATION 11 | |
205 | + | HAS EXTENSIVE EXPERI ENCE IN ORGANIZING A ND MANAGING LARGE –SCALE PUBLIC 12 | |
206 | + | EVENTS. 13 | |
213 | 207 | ||
214 | - | (2) DURING THE HOURS AND DAYS DESIGNATED FOR THE FESTIVAL. | |
208 | + | (2) THE BOARD MAY ISSUE NOT M ORE THAN FOUR BEER , WINE, AND 14 | |
209 | + | LIQUOR FESTIVAL LICENSES EA CH YEAR. 15 | |
215 | 210 | ||
216 | - | (G) THE BOARD SHALL: | |
211 | + | (D) THE BOARD MAY ISSUE THE BEER, WINE, AND LIQUOR FESTIVAL 16 | |
212 | + | LICENSE TO A HOLDER OF A RETAIL LICENSE OR A PERSON THAT IS ELIGIBLE TO 17 | |
213 | + | HOLD A CLASS C MULTIPLE DAY OR MULTIPLE EV ENT LICENSE. 18 | |
217 | 214 | ||
218 | - | (1) HOLD A HEARING ON A LICENSE APPLICATION ; AND | |
215 | + | (E) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO DISPLAY AN D SELL 19 | |
216 | + | BEER, WINE, AND LIQUOR THAT IS: 20 | |
219 | 217 | ||
220 | - | (2) PUBLISH NOT ICE OF A LICENSE APP LICATION HEARING IN A | |
221 | - | NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY ONE TIME AT LE AST 7 DAYS | |
222 | - | BEFORE THE HEARING . | |
218 | + | (1) MANUFACTURED AND PRO CESSED IN OR OUTSIDE THE STATE; 21 | |
219 | + | AND 22 | |
223 | 220 | ||
224 | - | ( | |
225 | - | ||
221 | + | (2) DISTRIBUTED IN THE STATE WHEN THE LICENS E APPLICATION IS 23 | |
222 | + | FILED. 24 | |
226 | 223 | ||
227 | - | ( | |
228 | - | ||
224 | + | (F) A LICENSE HOLDER SHALL DISPLAY AND SELL BEE R, WINE, AND 25 | |
225 | + | LIQUOR: 26 | |
229 | 226 | ||
230 | - | ( | |
227 | + | (1) AT RETAIL FOR ON – AND OFF–PREMISES CONSUMPTION ; AND 27 | |
231 | 228 | ||
232 | - | ||
229 | + | (2) DURING THE HOURS AND DAYS DESIGNATED FOR THE FESTIVAL. 28 | |
233 | 230 | ||
234 | - | ( | |
235 | - | ||
231 | + | (G) THE BOARD SHALL: 29 | |
232 | + | 6 SENATE BILL 428 | |
236 | 233 | ||
237 | - | (2) DELIVERED TO THE FES TIVAL FROM THE LICEN SED PREMISES OF | |
238 | - | THE RETAILER OR WHOLESAL ER. | |
239 | 234 | ||
240 | - | (J) A HOLDER OF A RETAIL L ICENSE OR STATE WHOLESALER ’S LICENSE | |
241 | - | MAY ENTER INTO AN AG REEMENT WITH THE HOL DER OF THE BEER, WINE, AND | |
242 | - | LIQUOR FESTIVAL LICENSE TO: | |
235 | + | (1) HOLD A HEARING ON A LICENSE APPLICATION ; AND 1 | |
243 | 236 | ||
244 | - | (1) DELIVER BEER, WINE, AND LIQUOR NOT EARLIER THAN 2 DAYS | |
245 | - | BEFORE THE EFFECTIVE DATE OF TH E LICENSE; AND | |
237 | + | (2) PUBLISH NOTICE OF A LICENSE APPLICATION HEARING IN A 2 | |
238 | + | NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY ONE TIME AT LE AST 7 DAYS 3 | |
239 | + | BEFORE THE HEARING . 4 | |
246 | 240 | ||
247 | - | ( | |
248 | - | ||
241 | + | (H) (1) THE BOARD SHALL CHOOSE A LOCATION FOR THE FES TIVAL THAT 5 | |
242 | + | IS NOT ALREAD Y LICENSED. 6 | |
249 | 243 | ||
250 | - | ( | |
251 | - | ||
244 | + | (2) IF THE LOCATION CHOSE N ALLOWS FOR SUNDAY SALES, SUNDAY 7 | |
245 | + | SALES MAY BEGIN AT 10 A.M. 8 | |
252 | 246 | ||
253 | - | ( | |
247 | + | (I) BEER, WINE, AND LIQUOR DISPLAYED AND SOLD S HALL BE: 9 | |
254 | 248 | ||
255 | - | 21–1401. | |
249 | + | (1) INVOICED TO THE LICE NSE HOLDER BY A RETA ILER OR 10 | |
250 | + | WHOLESALER ; AND 11 | |
256 | 251 | ||
257 | - | ( | |
258 | - | ||
252 | + | (2) DELIVERED TO THE FESTIVAL FROM THE LI CENSED PREMISES OF 12 | |
253 | + | THE RETAILER OR WHOL ESALER. 13 | |
259 | 254 | ||
260 | - | (1) § 4–102 (“Applications to be filed with local licensing board”); | |
255 | + | (J) A HOLDER OF A RETAIL L ICENSE OR STATE WHOLESALER ’S LICENSE 14 | |
256 | + | MAY ENTER INTO AN AG REEMENT WITH THE HOL DER OF THE BEER, WINE, AND 15 | |
257 | + | LIQUOR FESTIVAL LICENSE TO: 16 | |
261 | 258 | ||
262 | - | (2) § 4–103 (“Application on behalf of partnership”); | |
259 | + | (1) DELIVER BEER, WINE, AND LIQUOR NOT EARLIER THAN 2 DAYS 17 | |
260 | + | BEFORE THE EFFECTIVE DATE OF THE LICENSE ; AND 18 | |
263 | 261 | ||
264 | - | (3) § 4–104 (“Application on behalf of corporation or club”); | |
262 | + | (2) ACCEPT RETURNS NOT L ATER THAN 5 DAYS AFTER THE 19 | |
263 | + | EXPIRATION DATE OF T HE LICENSE. 20 | |
265 | 264 | ||
266 | - | (4) § 4–105 (“Application on behalf of limited liability company”); | |
265 | + | (K) THE BOARD SHALL ESTABLISH THE BEER, WINE, AND LIQUOR FESTIVAL 21 | |
266 | + | LICENSE FEE. 22 | |
267 | 267 | ||
268 | - | ( | |
268 | + | (L) THE BOARD SHALL ADOPT REG ULATIONS TO CARRY OU T THIS SECTION. 23 | |
269 | 269 | ||
270 | - | ||
270 | + | 21–1401. 24 | |
271 | 271 | ||
272 | - | (7) [§ 4–109 (“Required information on application – In general”); | |
272 | + | (a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) 25 | |
273 | + | of Division I of this article apply in the county without exception or variation: 26 | |
273 | 274 | ||
274 | - | ( | |
275 | + | (1) § 4–102 (“Applications to be filed with local licensing board”); 27 | |
275 | 276 | ||
276 | - | [(9)] (8) § 4–113 (“Refund of license fees”); and WES MOORE, Governor Ch. 1044 | |
277 | + | (2) § 4–103 (“Application on behalf of partnership”); 28 | |
278 | + | SENATE BILL 428 7 | |
277 | 279 | ||
278 | - | – 7 – | |
279 | 280 | ||
280 | - | ||
281 | + | (3) § 4–104 (“Application on behalf of corporation or club”); 1 | |
281 | 282 | ||
282 | - | (b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) | |
283 | - | of Division I of this article apply in the county: | |
283 | + | (4) § 4–105 (“Application on behalf of limited liability company”); 2 | |
284 | 284 | ||
285 | - | (1) § 4–107 (“Criminal history records check”), subject to §§ 21–1402 | |
286 | - | through 21–1405 of this subtitle; | |
285 | + | (5) § 4–106 (“Payment of notice expenses”); 3 | |
287 | 286 | ||
288 | - | (2) § 4–109 (“REQUIRED INFORMATION ON APPLICATION – IN | |
289 | - | GENERAL”), SUBJECT TO § 21–1408 OF THIS SUBTITLE ; | |
287 | + | (6) § 4–108 (“Application form required by Comptroller”); 4 | |
290 | 288 | ||
291 | - | (3) § 4–111 (“Payment of license fees”), subject to § 21–1406 of this subtitle; | |
292 | - | and | |
289 | + | (7) [§ 4–109 (“Required information on application – In general”); 5 | |
293 | 290 | ||
294 | - | [(3)] (4) § 4–112 (“Disposition of license fees”), subject to § 21–1407 of this | |
295 | - | subtitle. | |
291 | + | (8)] § 4–110 (“Required information on application – Petition of support”); 6 | |
296 | 292 | ||
297 | - | ||
293 | + | [(9)] (8) § 4–113 (“Refund of license fees”); and 7 | |
298 | 294 | ||
299 | - | (A) AT THE TIME AN APPLIC ATION FOR AN ALCOHOL IC BEVERAGES | |
300 | - | LICENSE IS FILED, AT LEAST ONE OF THE APPLICANTS SHALL BE A RESIDENT OF THE | |
301 | - | STATE. | |
295 | + | [(10)] (9) § 4–114 (“Fees for licenses issued for less than 1 year”). 8 | |
302 | 296 | ||
303 | - | (B) THE | |
304 | - | ||
297 | + | (b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) 9 | |
298 | + | of Division I of this article apply in the county: 10 | |
305 | 299 | ||
306 | - | 21–2002. | |
300 | + | (1) § 4–107 (“Criminal history records check”), subject to §§ 21–1402 11 | |
301 | + | through 21–1405 of this subtitle; 12 | |
307 | 302 | ||
308 | - | ( | |
309 | - | ||
303 | + | (2) § 4–109 (“REQUIRED INFORMATION ON APPLICATION – IN 13 | |
304 | + | GENERAL”), SUBJECT TO § 21–1408 OF THIS SUBTITLE ; 14 | |
310 | 305 | ||
311 | - | ( | |
312 | - | ||
306 | + | (3) § 4–111 (“Payment of license fees”), subject to § 21–1406 of this subtitle; 15 | |
307 | + | and 16 | |
313 | 308 | ||
314 | - | (1) election districts 11 and 15; and | |
309 | + | [(3)] (4) § 4–112 (“Disposition of license fees”), subject to § 21–1407 of this 17 | |
310 | + | subtitle. 18 | |
315 | 311 | ||
316 | - | (2) any other election district or precinct of an election district in which the | |
317 | - | voters in a referendum authorized by law approve Sunday sales as specified in this | |
318 | - | paragraph. | |
312 | + | 21–1408. 19 | |
319 | 313 | ||
320 | - | 21–2003. | |
314 | + | (A) AT THE TIME AN APPLIC ATION FOR AN ALCOHOL IC BEVERAGES 20 | |
315 | + | LICENSE IS FILED, AT LEAST ONE OF THE APPLICANTS SHALL BE A RESIDENT OF THE 21 | |
316 | + | STATE. 22 | |
321 | 317 | ||
322 | - | ( | |
323 | - | ||
318 | + | (B) THE LICENSE REMAINS V ALID ONLY FOR AS LON G AS AT LEAST ONE OF 23 | |
319 | + | THE APPLICANTS REMAINS A RESIDENT O F THE STATE. 24 | |
324 | 320 | ||
325 | - | – | |
321 | + | 21–2002. 25 | |
326 | 322 | ||
327 | - | (b) (1) A holder of a Class A beer and wine license may sell beer and wine on | |
328 | - | Monday through Saturday, from 6 a.m. to 2 a.m. the following day. | |
323 | + | (a) This section does not apply to the hours of sale on December 31 and January 26 | |
324 | + | 1 set out in § 21–2007 of this subtitle. 27 | |
325 | + | 8 SENATE BILL 428 | |
329 | 326 | ||
330 | - | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: | |
331 | 327 | ||
332 | - | (i) election districts 11 and 15; and | |
328 | + | (f) Sunday sales for a Class A, Class B, or Class D license are allowed from [10 1 | |
329 | + | a.m.] 6 A.M. to midnight in: 2 | |
333 | 330 | ||
334 | - | (ii) any other election district or precinct of an election district in | |
335 | - | which the voters in a referendum authorized by law approve Sunday sales as specified in | |
336 | - | this paragraph. | |
331 | + | (1) election districts 11 and 15; and 3 | |
337 | 332 | ||
338 | - | (c) (1) A holder of a Class B beer and wine license may sell beer and wine on | |
339 | - | Monday through Saturday, from 6 a.m. to 2 a.m. the following day. | |
333 | + | (2) any other election district or precinct of an election district in which the 4 | |
334 | + | voters in a referendum authorized by law approve Sunday sales as specified in this 5 | |
335 | + | paragraph. 6 | |
340 | 336 | ||
341 | - | ||
337 | + | 21–2003. 7 | |
342 | 338 | ||
343 | - | (i) election districts 11 and 15; and | |
339 | + | (a) This section does not apply to the hours of sale on December 31 and January 8 | |
340 | + | 1 set out in § 21–2007 of this subtitle. 9 | |
344 | 341 | ||
345 | - | (ii) any other election district or precinct of an election district in | |
346 | - | which the voters in a referendum authorized by law approve Sunday sales as specified in | |
347 | - | this paragraph. | |
342 | + | (b) (1) A holder of a Class A beer and wine license may sell beer and wine on 10 | |
343 | + | Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 11 | |
348 | 344 | ||
349 | - | ( | |
345 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 12 | |
350 | 346 | ||
351 | - | (e) (1) A holder of a Class D beer and wine license may sell beer and wine on | |
352 | - | Monday through Saturday, from 6 a.m. to 2 a.m. the following day. | |
347 | + | (i) election districts 11 and 15; and 13 | |
353 | 348 | ||
354 | - | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: | |
349 | + | (ii) any other election district or precinct of an election district in 14 | |
350 | + | which the voters in a referendum authorized by law approve Sunday sales as specified in 15 | |
351 | + | this paragraph. 16 | |
355 | 352 | ||
356 | - | (i) election districts 11 and 15; and | |
353 | + | (c) (1) A holder of a Class B beer and wine license may sell beer and wine on 17 | |
354 | + | Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 18 | |
357 | 355 | ||
358 | - | (ii) any other election district or precinct of an election district in | |
359 | - | which the voters in a referendum authorized by law approve Sunday sales as specified in | |
360 | - | this paragraph. | |
356 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 19 | |
361 | 357 | ||
362 | - | ||
358 | + | (i) election districts 11 and 15; and 20 | |
363 | 359 | ||
364 | - | (a) This section does not apply to the hours of sale on December 31 and January | |
365 | - | 1 set out in § 21–2007 of this subtitle. | |
360 | + | (ii) any other election district or precinct of an election district in 21 | |
361 | + | which the voters in a referendum authorized by law approve Sunday sales as specified in 22 | |
362 | + | this paragraph. 23 | |
366 | 363 | ||
367 | - | ( | |
364 | + | (d) Reserved. 24 | |
368 | 365 | ||
369 | - | (c) (1) A holder of a Class B beer, wine, and liquor license may sell beer, wine, | |
370 | - | and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. | |
371 | - | WES MOORE, Governor Ch. 1044 | |
366 | + | (e) (1) A holder of a Class D beer and wine license may sell beer and wine on 25 | |
367 | + | Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 26 | |
372 | 368 | ||
373 | - | – 9 – | |
374 | - | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: | |
369 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 27 | |
375 | 370 | ||
376 | - | (i) election districts 11 and 15; and | |
371 | + | (i) election districts 11 and 15; and 28 | |
372 | + | SENATE BILL 428 9 | |
377 | 373 | ||
378 | - | (ii) any other election district or precinct of an election district in | |
379 | - | which the voters in a referendum authorized by law approve Sunday sales as specified in | |
380 | - | this paragraph. | |
381 | 374 | ||
382 | - | ( | |
383 | - | ||
384 | - | ||
375 | + | (ii) any other election district or precinct of an election district in 1 | |
376 | + | which the voters in a referendum authorized by law approve Sunday sales as specified in 2 | |
377 | + | this paragraph. 3 | |
385 | 378 | ||
386 | - | ||
379 | + | 21–2004. 4 | |
387 | 380 | ||
388 | - | (i) election districts 11 and 15; and | |
381 | + | (a) This section does not apply to the hours of sale on December 31 and January 5 | |
382 | + | 1 set out in § 21–2007 of this subtitle. 6 | |
389 | 383 | ||
390 | - | (ii) any other election district or precinct of an election district in | |
391 | - | which the voters in a referendum authorized by law approve Sunday sales as specified in | |
392 | - | this paragraph. | |
384 | + | (b) Reserved. 7 | |
393 | 385 | ||
394 | - | ( | |
395 | - | and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. | |
386 | + | (c) (1) A holder of a Class B beer, wine, and liquor license may sell beer, wine, 8 | |
387 | + | and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 9 | |
396 | 388 | ||
397 | - | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: | |
389 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 10 | |
398 | 390 | ||
399 | - | (i) election districts 11 and 15; and | |
391 | + | (i) election districts 11 and 15; and 11 | |
400 | 392 | ||
401 | - | (ii) any other election district in which the voters by referendum | |
402 | - | approve Sunday sales. | |
393 | + | (ii) any other election district or precinct of an election district in 12 | |
394 | + | which the voters in a referendum authorized by law approve Sunday sales as specified in 13 | |
395 | + | this paragraph. 14 | |
403 | 396 | ||
404 | - | (f) (1) A holder of a Class D beer, wine, and liquor license may sell beer, wine, | |
405 | - | and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. | |
397 | + | (d) (1) A holder of a Class BDR (deluxe restaurant) beer, wine, and liquor 15 | |
398 | + | license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. 16 | |
399 | + | the following day. 17 | |
406 | 400 | ||
407 | - | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: | |
401 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 18 | |
408 | 402 | ||
409 | - | (i) election districts 11 and 15; and | |
403 | + | (i) election districts 11 and 15; and 19 | |
410 | 404 | ||
411 | - | (ii) any other election district or precinct of an election district in | |
412 | - | which the voters in a referendum authorized by law approve Sunday sales as specified in | |
413 | - | this paragraph. | |
405 | + | (ii) any other election district or precinct of an election district in 20 | |
406 | + | which the voters in a referendum authorized by law approve Sunday sales as specified in 21 | |
407 | + | this paragraph. 22 | |
414 | 408 | ||
415 | - | 21–2502. | |
409 | + | (e) (1) A holder of a Class C beer, wine, and liquor license may sell beer, wine, 23 | |
410 | + | and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 24 | |
416 | 411 | ||
417 | - | (A) ALCOHOLIC BEVERAGES M AY NOT BE BROUGHT IN TO AN | |
418 | - | ESTABLISHMENT AND CO NSUMED OR TRANSFERRE D IF THE ESTABLISHMENT IS A Ch. 1044 2024 LAWS OF MARYLAND | |
412 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 25 | |
419 | 413 | ||
420 | - | – 10 – | |
421 | - | PLACE OF ADULT ENTER TAINMENT OF THE TYPE PROHIBITED UNDER § 4–605 OF | |
422 | - | THIS ARTICLE. | |
414 | + | (i) election districts 11 and 15; and 26 | |
423 | 415 | ||
424 | - | (B) (1) A PERSON WHO OPERATES A PLACE OF ADULT ENT ERTAINMENT | |
425 | - | WHO KNOWINGLY ALLOWS A VIOLATION OF THIS SECTION IS GUILTY OF A | |
426 | - | MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE NOT EXCE EDING $5,000 | |
427 | - | FOR EACH VIOLATION . | |
416 | + | (ii) any other election district in which the voters by referendum 27 | |
417 | + | approve Sunday sales. 28 | |
428 | 418 | ||
429 | - | (2) EACH DAY OF OPERATION IN VIOLATION OF THIS SECTION IS A | |
430 | - | SEPARATE VIOLATION . | |
419 | + | (f) (1) A holder of a Class D beer, wine, and liquor license may sell beer, wine, 29 | |
420 | + | and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day. 30 | |
421 | + | 10 SENATE BILL 428 | |
431 | 422 | ||
432 | - | 21–2802. | |
433 | 423 | ||
434 | - | The Board may impose a fine not exceeding [$3,000] $5,000 or suspend a license for | |
435 | - | a violation of the alcoholic beverages laws affecting the county. | |
424 | + | (2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in: 1 | |
436 | 425 | ||
437 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July | |
438 | - | 1, 2024. | |
426 | + | (i) election districts 11 and 15; and 2 | |
439 | 427 | ||
440 | - | Approved by the Governor, May 16, 2024. | |
428 | + | (ii) any other election district or precinct of an election district in 3 | |
429 | + | which the voters in a referendum authorized by law approve Sunday sales as specified in 4 | |
430 | + | this paragraph. 5 | |
431 | + | ||
432 | + | 21–2502. 6 | |
433 | + | ||
434 | + | (A) ALCOHOLIC BEVERAGES M AY NOT BE BROUGHT IN TO AN 7 | |
435 | + | ESTABLISHMENT AND CO NSUMED OR TRANSFERRED IF THE ESTABLISHMENT IS A 8 | |
436 | + | PLACE OF ADULT ENTER TAINMENT OF THE TYPE PROHIBITED UNDER § 4–605 OF 9 | |
437 | + | THIS ARTICLE. 10 | |
438 | + | ||
439 | + | (B) (1) A PERSON WHO OPERATES A PLACE OF ADULT ENT ERTAINMENT 11 | |
440 | + | WHO KNOWINGLY ALLOWS A VIOLATION OF THIS SECTION IS GUILTY OF A 12 | |
441 | + | MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO A FI NE NOT EXCEEDING $5,000 13 | |
442 | + | FOR EACH VIOLATION . 14 | |
443 | + | ||
444 | + | (2) EACH DAY OF OPERATION IN VIOLATION OF THIS SECTION IS A 15 | |
445 | + | SEPARATE VIOLATION . 16 | |
446 | + | ||
447 | + | 21–2802. 17 | |
448 | + | ||
449 | + | The Board may impose a fine not exceeding [$3,000] $5,000 or suspend a license for 18 | |
450 | + | a violation of the alcoholic beverages laws affecting the county. 19 | |
451 | + | ||
452 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
453 | + | 1, 2024. 21 | |
454 | + | ||
455 | + | ||
456 | + | ||
457 | + | Approved: | |
458 | + | ________________________________________________________________________________ | |
459 | + | Governor. | |
460 | + | ________________________________________________________________________________ | |
461 | + | President of the Senate. | |
462 | + | ________________________________________________________________________________ | |
463 | + | Speaker of the House of Delegates. |