EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING 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.
*sb0734*
SENATE BILL 734
A2 4lr2762
CF HB 635
By: Harford County Senators
Introduced and read first time: January 31, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 23, 2024
CHAPTER ______
AN ACT concerning 1
Harford County – Alcoholic Beverages – Performing Arts Nonprofit 2
Organization License 3
FOR the purpose of repealing the performing arts theater beer and wine license in Harford 4
County; establishing in Harford County a performing arts nonprofit organization 5
license that authorizes the holder to sell or serve beer, wine, and liquor at certain 6
locations for on–premises consumption; requiring the holder of the license to comply 7
with certain record–keeping and reporting requirements; and generally relating to 8
alcoholic beverages licenses in Harford County. 9
BY repealing and reenacting, without amendments, 10
Article – Alcoholic Beverages and Cannabis 11
Section 22–102 12
Annotated Code of Maryland 13
(2016 Volume and 2023 Supplement) 14
BY repealing 15
Article – Alcoholic Beverages and Cannabis 16
Section 22–1005.2 17
Annotated Code of Maryland 18
(2016 Volume and 2023 Supplement) 19
BY adding to 20
Article – Alcoholic Beverages and Cannabis 21
Section 22–1005.2 22 2 SENATE BILL 734
Annotated Code of Maryland 1
(2016 Volume and 2023 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Alcoholic Beverages and Cannabis 4
Section 22–1501(b)(2) 5
Annotated Code of Maryland 6
(2016 Volume and 2023 Supplement) 7
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9
Article – Alcoholic Beverages and Cannabis 10
22–102. 11
This title applies only in Harford County. 12
[22–1005.2. 13
(a) In this section, “performing arts theater” means an area, a building, or a 14
structure designed and used for plays, acts, dramas, concerts, or histrionics by actors or 15
actresses performing on a stage or the showing of movies or films. 16
(b) There is a performing arts theater beer and wine license. 17
(c) The Board may issue the license for use on the premises of a performing arts 18
theater operated by a nonprofit organization. 19
(d) The license authorizes the holder to sell or serve beer and wine at retail for 20
on–premises consumption. 21
(e) The license holder may sell or serve beer and wine: 22
(1) 1 hour before and after a performance; 23
(2) during a performance; 24
(3) during an intermission; and 25
(4) during a reception 1 hour before or 1 hour after a performance. 26
(f) The license may not be transferred to another location. 27
(g) The license holder shall purchase beer and wine from an authorized and 28
licensed wholesaler. 29
SENATE BILL 734 3
(h) Issuance of a license under this section does not prohibit the Board from 1
issuing a Class C per diem license that applies to the performing arts theater. 2
(i) The license holder shall serve or offer for sale snacks at all times when beer 3
and wine are sold. 4
(j) The annual license fee is $500.] 5
22–1005.2. 6
(A) IN THIS SECTION , “PERFORMING ARTS NONP ROFIT ORGANIZATION ” 7
MEANS A NONPROFIT OR GANIZATION THAT ORGA NIZES THE PRODUCTION OF PLAYS, 8
ACTS, DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON 9
A STAGE OR THE SHOWI NG OF FILMS. 10
(B) THERE IS A PERFORMING ARTS NONPROFIT ORGAN IZATION BEER , 11
WINE, AND LIQUOR LICENSE . 12
(C) THE BOARD MAY ISSUE THE L ICENSE TO A PERFORMI NG ARTS 13
NONPROFIT ORGANIZATI ON. 14
(D) (1) THE LICENSE AUTHORIZE S THE HOLDER TO SELL OR SERVE BEER, 15
WINE, AND LIQUOR AT RETAIL FOR ON –PREMISES CONSUMPTION AT UP TO THREE 16
LOCATIONS DESIGNATED AT THE TIME OF APPLI CATION. 17
(2) THE LOCATIONS DESIGNA TED AT THE TIME OF A PPLICATION 18
MUST: 19
(I) BE SUITABLE FOR THE PRODUCTION OF PLAYS , ACTS, 20
DRAMAS, CONCERTS, OR SIMILAR EVENTS B Y INDIVIDUALS PERFOR MING ON A 21
STAGE OR THE SHOWING OF FILMS; AND 22
(II) MEET ANY OTHER REQUI REMENTS ESTABLISHED BY THE 23
BOARD. 24
(3) THE LICENSE HOLDER MA Y ALTER THE AUTHORIZ ED LOCATIONS 25
EACH TIME THE LICENS E IS RENEWED. 26
(E) THE LICENSE HOLDER MA Y SELL OR SERVE BEER , WINE, AND LIQUOR: 27
(1) 1 HOUR BEFORE AND AFTE R A PERFORMANCE ; 28
(2) DURING A PERFORMANCE ; 29
(3) DURING AN INTERMISSI ON; AND 30 4 SENATE BILL 734
(4) DURING A RECEPTION W ITHIN 1 HOUR BEFORE OR AFTER A 1
PERFORMANCE . 2
(F) THE LICENSE MAY NOT B E TRANSFERRED TO ANOTHER LOCATION NOT 3
IDENTIFIED ON THE AP PLICATION. 4
(G) THE LICENSE HOLDER SH ALL PURCHASE BEER , WINE, AND LIQUOR 5
FROM A RETAIL LICENS E HOLDER OR AN AUTHO RIZED AND LICENSED W HOLESALER. 6
(H) A LICENSE HOLDER MAY N OT SELL OR ISSUE MOR E THAN 750 TICKETS 7
TO ANY EVENT OR PERF ORMANCE AT WHICH THE HOLDER WILL SELL OR SERVE 8
BEER, WINE, OR LIQUOR. 9
(I) ISSUANCE OF A LICENSE UNDER THIS SECTION D OES NOT PROHIBIT THE 10
BOARD FROM ISSUING A CLASS C PER DIEM LICENSE TO THE PERFORMING ARTS 11
NONPROFIT ORGANIZATI ON FOR AN EVENT OUTSIDE THE SCOPE OF THE LICENSE . 12
(J) THE LICENSE HOLDER SH ALL SERVE OR OFFER F OR SALE SNACKS AT 13
ALL TIMES WHEN BEER , WINE, AND LIQUOR ARE SOLD . 14
(K) (1) THE LICENSE HOLDER SH ALL: 15
(I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L 16
ALCOHOLIC BEVERAGES SOLD , SERVED, AND PURCHASED UNDER THIS SECTION; 17
(II) ON WRITTEN REQUEST O F THE COMPTROLLER OR THE 18
BOARD, REPORT ON THE FORM T HAT THE COMPTROLLER OR THE BOARD REQUIRES 19
INFORMATION RELATING TO THE ALCOHOLIC BEV ERAGES THAT ARE THE SUBJECT 20
OF THE RECORDS REQUIRED TO BE KEPT; AND 21
(III) ON REQUEST OF THE COMPTROLLER OR THE BOARD, MAKE 22
THE REPORT UNDER OAT H. 23
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 24
PARAGRAPH , EACH LICENSE HOLDER SHALL KEEP RECORDS A T THE LOCATION 25
DESIGNATED IN T HE LICENSE. 26
(II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN 27
ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL 28
LOCATION. 29
(III) THE RECORDS SHALL : 30
SENATE BILL 734 5
1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E 1
COMPTROLLER AND THE BOARD; 2
2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER 3
THAT ENSURES PERMANE NCY; AND 4
3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N 5
DURING REGULAR BUSIN ESS HOURS BY THE COMPTROLLER OR THE BOARD OR A 6
DESIGNEE OF THE COMPTROLLER OR THE BOARD. 7
(3) (I) THE COMPTROLLER MAY WITHO UT A HEARING 8
IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE 9
HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION. 10
(II) IF A REPORT REQUIRED BY THIS SECTION OR A N 11
INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , OR ANY 12
OTHER PERSON INDICAT ES THAT THE LICENSE HOLDER IS VIOLATING THIS 13
SECTION, THE BOARD SHALL SUMMON TH E LICENSE HOLDER AND CONDUCT A 14
HEARING. 15
(III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE 16
BOARD: 17
1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND 18
NOT MORE THAN $2,000; AND 19
2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S 20
LICENSE IMMEDIATELY . 21
(K) (L) THE ANNUAL LICENSE FE E IS $750. 22
22–1501. 23
(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 24
Licenses”) of Division I of this article apply in the county: 25
(2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 26
for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part 27
III [and], Subtitle 16, Part II, AND § 22–1005.2 of this title; 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2024. 30