WES MOORE, Governor Ch. 1044
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Chapter 1044
(Senate Bill 428)
AN ACT concerning
Garrett County Alcoholic Beverages Act of 2024
FOR the purpose of establishing a resort beer license, a resort beer and wine license, and a
beer, wine, and liquor festival license in Garrett County; altering the hours of sale
for alcoholic beverages on Sundays for certain licenses; altering the residency
requirements for certain applicants for an alcoholic beverages license in the county;
prohibiting alcoholic beverages from being brought into places of adult
entertainment and consumed or transferred; establishing certain penalties for a
person that brings alcoholic beverages into a place of adult entertainment and
consumes or transfers the alcoholic beverages; altering the maximum fine for
violating an alcoholic beverages law affecting the county; and generally relating to
alcoholic beverages in Garrett County.
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages and Cannabis
Section 21–102 and 21–2002(a)
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
BY adding to
Article – Alcoholic Beverages and Cannabis
Section 21–1002, 21–1002.1, 21–1304.3, 21–1408, and 21–2502
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages and Cannabis
Section 21–1002, 21–1401, 21–2002(f), 21–2003, 21–2004, and 21–2802
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Alcoholic Beverages and Cannabis
21–102.
This title applies only in Garrett County.
21–1002. Ch. 1044 2024 LAWS OF MARYLAND
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(A) THERE IS A CLASS B–RESORT BEER LICENSE.
(B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A
COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE:
(1) LOCATED ON THE SAME CONTIGUOUS PROPERTY ;
(2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE
LICENSED PREMISES; AND
(3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL,
RECREATIONAL , OR RESTAURANT FACILI TIES.
(C) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO SELL BEER FOR
ON– OR OFF–PREMISES CONSUMPTION AT A HOTEL, MOTEL, RECREATIONAL , OR
RESTAURANT FACILITY AT RETAIL AT THE PLA CE DESCRIBED IN THE LICENSE.
(D) THE LICENSE HOLDER MA Y SELL BEER DURING THE HOURS AND DAYS
AS SET OUT FOR A CLASS B BEER LICENSE UNDER § 21–2002 OF THIS TITLE.
(E) THE ANNUAL LICENSE FE ES ARE:
(1) $300 FOR A 6–DAY LICENSE FOR TWO FACILITIES ;
(2) $150 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE;
(3) $350 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND
(4) $175 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE.
(F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE FOR A NEW
LICENSE IN AN AMOUNT EQUAL TO THE ANNUAL LICENSE FEE.
21–1002.1.
(A) THERE IS A CLASS B–RESORT BEER AND WINE LICENSE.
(B) THE BOARD MAY ISSUE THE L ICENSE TO A LICENSE HOLDER FOR A
COMPLEX THAT HAS AT LEAST TWO FACILITIES THAT ARE:
(1) LOCATED ON THE SAME CONTIGUO US PROPERTY; WES MOORE, Governor Ch. 1044
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(2) SEPARATED BY AT LEAS T 150 FEET FROM THE MAIN A REA OF THE
LICENSED PREMISES ; AND
(3) DETERMINED BY THE BOARD TO BE HOTEL , MOTEL,
RECREATIONAL , OR RESTAURANT FACILI TIES.
(C) THE LICENSE AUTHORIZE S THE LICENSE HOL DER TO SELL AT A HOT EL,
MOTEL, RECREATIONAL , OR RESTAURANT FACILITY AT RETAIL AT THE PLA CE
DESCRIBED IN THE LIC ENSE:
(1) BEER AND WINE FOR ON –PREMISES CONSUMPTION ; AND
(2) BEER FOR OFF–PREMISES CONSUMPTION .
(D) THE LICENSE HOLDER MA Y SELL BEER AND WINE DURING THE HOURS
AND DAYS AS SET OUT FOR A CLASS B BEER AND WINE LICENSE UNDER § 21–2003
OF THIS TITLE.
(E) THE ANNUAL LICENSE FE ES ARE:
(1) $700 FOR A 6–DAY LICENSE FOR TWO FACILITIES;
(2) $350 FOR EACH ADDITIONAL FACILITY FOR A 6–DAY LICENSE;
(3) $820 FOR A 7–DAY LICENSE FOR TWO FACILITIES; AND
(4) $410 FOR EACH ADDITIONAL FACILITY FOR A 7–DAY LICENSE.
(F) THE BOARD SHALL CHARGE A ONE–TIME ISSUING FEE FOR A NEW
LICENSE IN AN AMOUNT EQUAL TO THE ANNUAL LICENSE FEE.
[21–1002.] 21–1002.2.
(a) There is a Class B–resort beer, wine, and liquor license.
(b) The Board may issue the license to a license holder for a complex that has at
least two facilities that are:
(1) located on the same contiguous property;
(2) separated by at least 150 feet from the main area of the licensed
premises; and
Ch. 1044 2024 LAWS OF MARYLAND
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(3) determined by the Board to be hotel, motel, recreational, or restaurant
facilities.
(c) The license authorizes the license holder to sell at a hotel, motel,
RECREATION AL, or restaurant FACILITY at retail at the place described in the license:
(1) beer, wine, and liquor for on–premises consumption; and
(2) beer for off–premises consumption.
(d) The license holder may sell beer, wine, and liquor during the hours and days
as set out for a Class B beer, wine, and liquor license under § 21–2004 of this title.
(e) The annual license fees are:
(1) $3,000 for a 6–day license for two facilities;
(2) $1,500 for each additional facility for a 6–day license;
(3) $3,500 for a 7–day license for two facilities; and
(4) $1,750 for each additional facility for a 7–day license.
(f) The Board shall charge a one–time issuing fee for a new license in an amount
equal to the annual license fee.
21–1304.3.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “FESTIVAL” MEANS THE GARRETT COUNTY BEER, WINE, AND
LIQUOR FESTIVAL.
(3) “FESTIVAL ORGANIZATION ” MEANS A NONPROFIT OR GANIZATION
THAT IS CHOSEN BY TH E COUNTY IN ACCORDAN CE WITH SUBSECTION (C) OF THIS
SECTION TO ORGANIZE A FESTIVAL.
(B) (1) THERE IS A BEER, WINE, AND LIQUOR FESTIVAL LICENSE.
(2) UNDER THE SUPERVISION OF THE BOARD, THE FESTIVAL
ORGANIZATION MAY CON DUCT THE FESTIVAL ANNUALLY FOR A FIXED PERIOD OF
TIME OF UP TO 3 CONSECUTIVE DAYS .
WES MOORE, Governor Ch. 1044
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(C) (1) IN SELECTING A NONPRO FIT ORGANIZATION TO BE A FESTIVAL
ORGANIZATION , THE COUNTY SHALL ENS URE THAT THE NONPROF IT ORGANIZATION
HAS EXTENSIVE EXPERI ENCE IN ORGANIZING A ND MANAGING LARGE –SCALE PUBLIC
EVENTS.
(2) THE BOARD MAY ISSUE NOT M ORE THAN FOUR BEER, WINE, AND
LIQUOR FESTIVAL LICENSES EA CH YEAR.
(D) THE BOARD MAY ISSUE THE BEER, WINE, AND LIQUOR FESTIVAL
LICENSE TO A HOLDER OF A RETAIL LICENSE OR A PERSON THAT IS ELIGIBLE TO
HOLD A CLASS C MULTIPLE DAY OR MULT IPLE EVENT LICENSE .
(E) THE LICENSE AUTHORIZE S THE LICENSE HOLDER TO DISPLAY AN D SELL
BEER, WINE, AND LIQUOR THAT IS:
(1) MANUFACTURED AND PRO CESSED IN OR OUTSIDE THE STATE;
AND
(2) DISTRIBUTED IN THE STATE WHEN THE LICENS E APPLICATION IS
FILED.
(F) A LICENSE HOLDER SHALL DISPLAY AND SELL BEE R, WINE, AND
LIQUOR:
(1) AT RETAIL FOR ON – AND OFF–PREMISES CONSUMPTION ; AND
(2) DURING THE HOURS AND DAYS DESIGNATED FOR THE FESTIVAL.
(G) THE BOARD SHALL:
(1) HOLD A HEARING ON A LICENSE APPLICATION ; AND
(2) PUBLISH NOT ICE OF A LICENSE APP LICATION HEARING IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY ONE TIME AT LE AST 7 DAYS
BEFORE THE HEARING .
(H) (1) THE BOARD SHALL CHOOSE A LOCATION FOR THE FES TIVAL THAT
IS NOT ALREADY LICEN SED.
(2) IF THE LOCATION CHOSE N ALLOWS FOR SUNDAY SALES, SUNDAY
SALES MAY BEGIN AT 10 A.M.
(I) BEER, WINE, AND LIQUOR DISPLAYED AND SOLD S HALL BE: Ch. 1044 2024 LAWS OF MARYLAND
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(1) INVOICED TO THE LICE NSE HOLDER BY A RETA ILER OR
WHOLESALER ; AND
(2) DELIVERED TO THE FES TIVAL FROM THE LICEN SED PREMISES OF
THE RETAILER OR WHOLESAL ER.
(J) A HOLDER OF A RETAIL L ICENSE OR STATE WHOLESALER ’S LICENSE
MAY ENTER INTO AN AG REEMENT WITH THE HOL DER OF THE BEER, WINE, AND
LIQUOR FESTIVAL LICENSE TO:
(1) DELIVER BEER, WINE, AND LIQUOR NOT EARLIER THAN 2 DAYS
BEFORE THE EFFECTIVE DATE OF TH E LICENSE; AND
(2) ACCEPT RETURNS NOT L ATER THAN 5 DAYS AFTER THE
EXPIRATION DATE OF T HE LICENSE.
(K) THE BOARD SHALL ESTABLISH THE BEER, WINE, AND LIQUOR FESTIVAL
LICENSE FEE.
(L) THE BOARD SHALL ADOPT REG ULATIONS TO CARRY OU T THIS SECTION.
21–1401.
(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”)
of Division I of this article apply in the county without exception or variation:
(1) § 4–102 (“Applications to be filed with local licensing board”);
(2) § 4–103 (“Application on behalf of partnership”);
(3) § 4–104 (“Application on behalf of corporation or club”);
(4) § 4–105 (“Application on behalf of limited liability company”);
(5) § 4–106 (“Payment of notice expenses”);
(6) § 4–108 (“Application form required by Comptroller”);
(7) [§ 4–109 (“Required information on application – In general”);
(8)] § 4–110 (“Required information on application – Petition of support”);
[(9)] (8) § 4–113 (“Refund of license fees”); and WES MOORE, Governor Ch. 1044
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[(10)] (9) § 4–114 (“Fees for licenses issued for less than 1 year”).
(b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”)
of Division I of this article apply in the county:
(1) § 4–107 (“Criminal history records check”), subject to §§ 21–1402
through 21–1405 of this subtitle;
(2) § 4–109 (“REQUIRED INFORMATION ON APPLICATION – IN
GENERAL”), SUBJECT TO § 21–1408 OF THIS SUBTITLE ;
(3) § 4–111 (“Payment of license fees”), subject to § 21–1406 of this subtitle;
and
[(3)] (4) § 4–112 (“Disposition of license fees”), subject to § 21–1407 of this
subtitle.
21–1408.
(A) AT THE TIME AN APPLIC ATION FOR AN ALCOHOL IC BEVERAGES
LICENSE IS FILED, AT LEAST ONE OF THE APPLICANTS SHALL BE A RESIDENT OF THE
STATE.
(B) THE LICENSE REMAINS V ALID ONLY FOR AS LON G AS AT LEAST ONE OF
THE APPLICANTS REMAINS A RESIDENT O F THE STATE.
21–2002.
(a) This section does not apply to the hours of sale on December 31 and January
1 set out in § 21–2007 of this subtitle.
(f) Sunday sales for a Class A, Class B, or Class D license are allowed from [10
a.m.] 6 A.M. to midnight in:
(1) election districts 11 and 15; and
(2) any other election district or precinct of an election district in which the
voters in a referendum authorized by law approve Sunday sales as specified in this
paragraph.
21–2003.
(a) This section does not apply to the hours of sale on December 31 and January
1 set out in § 21–2007 of this subtitle. Ch. 1044 2024 LAWS OF MARYLAND
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(b) (1) A holder of a Class A beer and wine license may sell beer and wine on
Monday through Saturday, from 6 a.m. to 2 a.m. the following day.
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district or precinct of an election district in
which the voters in a referendum authorized by law approve Sunday sales as specified in
this paragraph.
(c) (1) A holder of a Class B beer and wine license may sell beer and wine on
Monday through Saturday, from 6 a.m. to 2 a.m. the following day.
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district or precinct of an election district in
which the voters in a referendum authorized by law approve Sunday sales as specified in
this paragraph.
(d) Reserved.
(e) (1) A holder of a Class D beer and wine license may sell beer and wine on
Monday through Saturday, from 6 a.m. to 2 a.m. the following day.
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district or precinct of an election district in
which the voters in a referendum authorized by law approve Sunday sales as specified in
this paragraph.
21–2004.
(a) This section does not apply to the hours of sale on December 31 and January
1 set out in § 21–2007 of this subtitle.
(b) Reserved.
(c) (1) A holder of a Class B beer, wine, and liquor license may sell beer, wine,
and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day.
WES MOORE, Governor Ch. 1044
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(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district or precinct of an election district in
which the voters in a referendum authorized by law approve Sunday sales as specified in
this paragraph.
(d) (1) A holder of a Class BDR (deluxe restaurant) beer, wine, and liquor
license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m.
the following day.
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district or precinct of an election district in
which the voters in a referendum authorized by law approve Sunday sales as specified in
this paragraph.
(e) (1) A holder of a Class C beer, wine, and liquor license may sell beer, wine,
and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day.
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district in which the voters by referendum
approve Sunday sales.
(f) (1) A holder of a Class D beer, wine, and liquor license may sell beer, wine,
and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day.
(2) Sunday sales are allowed from [10 a.m.] 6 A.M. to midnight in:
(i) election districts 11 and 15; and
(ii) any other election district or precinct of an election district in
which the voters in a referendum authorized by law approve Sunday sales as specified in
this paragraph.
21–2502.
(A) ALCOHOLIC BEVERAGES M AY NOT BE BROUGHT IN TO AN
ESTABLISHMENT AND CO NSUMED OR TRANSFERRE D IF THE ESTABLISHMENT IS A Ch. 1044 2024 LAWS OF MARYLAND
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PLACE OF ADULT ENTER TAINMENT OF THE TYPE PROHIBITED UNDER § 4–605 OF
THIS ARTICLE.
(B) (1) A PERSON WHO OPERATES A PLACE OF ADULT ENT ERTAINMENT
WHO KNOWINGLY ALLOWS A VIOLATION OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJEC T TO A FINE NOT EXCE EDING $5,000
FOR EACH VIOLATION .
(2) EACH DAY OF OPERATION IN VIOLATION OF THIS SECTION IS A
SEPARATE VIOLATION .
21–2802.
The Board may impose a fine not exceeding [$3,000] $5,000 or suspend a license for
a violation of the alcoholic beverages laws affecting the county.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 16, 2024.