Maryland 2024 Regular Session

Maryland Senate Bill SB66 Compare Versions

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1- WES MOORE, Governor Ch. 1023
21
3-– 1 –
4-Chapter 1023
5-(Senate Bill 66)
62
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+ *sb0066*
89
9-Prince George’s County – Alcoholic Beverages – Issuance of License Near a
10-Place of Worship or School
10+SENATE BILL 66
11+A2 4lr0547
12+ (PRE–FILED) CF HB 817
13+By: Senator Rosapepe
14+Requested: August 29, 2023
15+Introduced and read first time: January 10, 2024
16+Assigned to: Finance
17+Committee Report: Favorable with amendments
18+Senate action: Adopted
19+Read second time: February 23, 2024
1120
12-FOR the purpose of authorizing the Board of License Commissioners for Prince George’s
13-County to issue an alcoholic beverages license for an establishment that is within
14-certain distances of a place of worship or school building if a license of the same class
15-had been issued and was held by the same person seeking the new license and was
16-in effect for the establishment before the place of worship or school building was
17-built; and generally relating to alcoholic beverages licenses in Prince George’s
18-County.
21+CHAPTER ______
1922
20-BY repealing and reenacting, without amendments,
21- Article – Alcoholic Beverages and Cannabis
22-Section 26–102
23- Annotated Code of Maryland
24- (2016 Volume and 2023 Supplement)
23+AN ACT concerning 1
2524
26-BY repealing and reenacting, with amendments,
27- Article – Alcoholic Beverages and Cannabis
28-Section 26–1604
29- Annotated Code of Maryland
30- (2016 Volume and 2023 Supplement)
25+Prince George’s County – Alcoholic Beverages – Issuance of License Near a 2
26+Place of Worship or School 3
3127
32- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
33-That the Laws of Maryland read as follows:
28+FOR the purpose of authorizing the Board of License Commissioners for Prince George’s 4
29+County to issue an alcoholic beverages license for an establishment that is within 5
30+certain distances of a place of worship or school building if a license of the same class 6
31+had been issued and was held by the same person seeking the new license and was 7
32+in effect for the establishment before the place of worship or school building was 8
33+built; and generally relating to alcoholic beverages licenses in Prince George’s 9
34+County. 10
3435
35-Article – Alcoholic Beverages and Cannabis
36+BY repealing and reenacting, without amendments, 11
37+ Article – Alcoholic Beverages and Cannabis 12
38+Section 26–102 13
39+ Annotated Code of Maryland 14
40+ (2016 Volume and 2023 Supplement) 15
3641
37-26–102.
42+BY repealing and reenacting, with amendments, 16
43+ Article – Alcoholic Beverages and Cannabis 17
44+Section 26–1604 18
45+ Annotated Code of Maryland 19
46+ (2016 Volume and 2023 Supplement) 20
47+ 2 SENATE BILL 66
3848
39- This title applies only in Prince George’s County.
4049
41-26–1604.
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
4252
43- (a) This section does not apply to:
53+Article – Alcoholic Beverages and Cannabis 3
4454
45- (1) a holder of a Class B (RT) beer, wine, and liquor license, a Class BH
46-(hotel) license, a Class BLX license, a Class BCE license, a Class B–DD (development
47-district) license, a Class B–TP (theme park) license, a Class B–AE (arts and entertainment)
48-license, or a per diem license;
49- Ch. 1023 2024 LAWS OF MARYLAND
55+26–102. 4
5056
51-– 2 –
52- (2) an establishment that is within:
57+ This title applies only in Prince George’s County. 5
5358
54- (i) the 500–foot restricted distance of a place of worship, if the
55-governing body of the place of worship consents in writing to the issuance of the license and
56-the consent is filed with the license application; or
59+26–1604. 6
5760
58- (ii) the 1,000–foot restricted distance of a private kindergarten or
59-nursery school;
61+ (a) This section does not apply to: 7
6062
61- (3) a renewal or extension of a license issued for an establishment that is
62-within the 500–foot restricted distance of a place of worship or the 1,000–foot restricted
63-distance of a school building;
63+ (1) a holder of a Class B (RT) beer, wine, and liquor license, a Class BH 8
64+(hotel) license, a Class BLX license, a Class BCE license, a Class B–DD (development 9
65+district) license, a Class B–TP (theme park) license, a Class B–AE (arts and entertainment) 10
66+license, or a per diem license; 11
6467
65- (4) (i) a transfer of a license within 1,000 feet of a place of worship or a
66-school building to another establishment within the same restricted distance; or
68+ (2) an establishment that is within: 12
6769
68- (ii) an assignee of a license within the same distance of the same
69-place of worship or school building;
70+ (i) the 500–foot restricted distance of a place of worship, if the 13
71+governing body of the place of worship consents in writing to the issuance of the license and 14
72+the consent is filed with the license application; or 15
7073
71- (5) the issuance of a license for an establishment to which a license of the
72-same class had been issued and was in effect on June 1, 1965; [and]
74+ (ii) the 1,000–foot restricted distance of a private kindergarten or 16
75+nursery school; 17
7376
74- (6) the renewal of a license if a place of worship or school was built within
75-1,000 feet of the establishment after the original issuance of the license; AND
77+ (3) a renewal or extension of a license issued for an establishment that is 18
78+within the 500–foot restricted distance of a place of worship or the 1,000–foot restricted 19
79+distance of a school building; 20
7680
77- (7) THE ISSUANCE OF A L ICENSE FOR AN ESTABL ISHMENT THAT IS
78-WITHIN 500 FEET OF A PLACE OF W ORSHIP OR WITHIN 1,000 FEET OF A SCHOOL
79-BUILDING IF A LICENS E OF THE SAME CLASS HAD BEEN ISSUED AND WAS:
81+ (4) (i) a transfer of a license within 1,000 feet of a place of worship or a 21
82+school building to another establishment within the same restricted distance; or 22
8083
81- (I) HELD BY THE SAME PER SON SEEKING THE NEW LICENSE;
82-AND
84+ (ii) an assignee of a license within the same distance of the same 23
85+place of worship or school building; 24
8386
84- (II) IN EFFECT FOR THE ESTABLISHMENT BE FORE THE PLACE
85-OF WORSHIP OR SCHOOL BUILDING WAS BUILT .
87+ (5) the issuance of a license for an establishment to which a license of the 25
88+same class had been issued and was in effect on June 1, 1965; [and] 26
8689
87- (b) (1) Except as provided in subsections (c) and (d) of this section, the Board
88-may not issue a license for an establishment that is within 500 feet of a place of worship or
89-within 1,000 feet of a school building.
90+ (6) the renewal of a license if a place of worship or school was built within 27
91+1,000 feet of the establishment after the original issuance of the license; AND 28
9092
91- (2) The distance from an establishment to a place of worship or school is to
92-be measured from the front door or main entrance of the establishment, whichever is
93-nearest the street abutting the site, along the nearest usual pedestrian route to:
93+ (7) THE ISSUANCE OF A LI CENSE FOR AN ESTABLI SHMENT THAT IS 29
94+WITHIN 500 FEET OF A PLACE OF W ORSHIP OR WITHIN 1,000 FEET OF A SCHOOL 30
95+BUILDING IF A LICENS E OF THE SAME CLASS HAD BEEN ISSUED AND WAS: 31
96+ SENATE BILL 66 3
9497
95- (i) the closest door that is used as an entrance or exit to the school;
96-or WES MOORE, Governor Ch. 1023
9798
98-– 3 –
99+ (I) HELD BY THE SAME PERSON S EEKING THE NEW LICEN SE; 1
100+AND 2
99101
100- (ii) the main entrance of the place of worship.
102+ (II) IN EFFECT FOR THE ES TABLISHMENT BEFORE T HE PLACE 3
103+OF WORSHIP OR SCHOOL BUILDING WAS BUILT . 4
101104
102- (c) The restriction on the distance between the location of a school and a licensed
103-premises does not apply to a Class B–ECF/DS license.
105+ (b) (1) Except as provided in subsections (c) and (d) of this section, the Board 5
106+may not issue a license for an establishment that is within 500 feet of a place of worship or 6
107+within 1,000 feet of a school building. 7
104108
105- (d) (1) In the part of the Gateway Arts and Entertainment District located in
106-Hyattsville, as designated by the Secretary of Commerce, the front door or main entrance
107-of an establishment for which a Class D beer and wine license is issued may be used if the
108-door or entrance is at least 350 feet from a place of worship.
109+ (2) The distance from an establishment to a place of worship or school is to 8
110+be measured from the front door or main entrance of the establishment, whichever is 9
111+nearest the street abutting the site, along the nearest usual pedestrian route to: 10
109112
110- (2) In College Park, the Board may issue a license for an establishment
111-that is more than 400 feet from a school building if the land on which the establishment is
112-located is in a commercial district.
113+ (i) the closest door that is used as an entrance or exit to the school; 11
114+or 12
113115
114- (3) In Laurel, the Board may issue a license for an establishment
115-regardless of its distance from a place of worship.
116+ (ii) the main entrance of the place of worship. 13
116117
117- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
118-1, 2024.
118+ (c) The restriction on the distance between the location of a school and a licensed 14
119+premises does not apply to a Class B–ECF/DS license. 15
119120
120-Approved by the Governor, May 16, 2024.
121+ (d) (1) In the part of the Gateway Arts and Entertainment District located in 16
122+Hyattsville, as designated by the Secretary of Commerce, the front door or main entrance 17
123+of an establishment for which a Class D beer and wine license is issued may be used if the 18
124+door or entrance is at least 350 feet from a place of worship. 19
125+
126+ (2) In College Park, the Board may issue a license for an establishment 20
127+that is more than 400 feet from a school building if the land on which the establishment is 21
128+located is in a commercial district. 22
129+
130+ (3) In Laurel, the Board may issue a license for an establishment 23
131+regardless of its distance from a place of worship. 24
132+
133+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 25
134+1, 2024. 26
135+