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.
Italics indicate opposite chamber/conference committee amendments.
*sb0734*
SENATE BILL 734
A2 (4lr2762)
ENROLLED BILL
— Finance/Economic Matters —
Introduced by Harford County Senators
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 renumbering 10
Article – Alcoholic Beverages and Cannabis 11
Section 22–1005.2 and 22–1005.3 12
to be Section 22–1005.3 and 22–1005.4, respectively 13
Annotated Code of Maryland 14 2 SENATE BILL 734
(2016 Volume and 2023 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Alcoholic Beverages and Cannabis 3
Section 22–102 4
Annotated Code of Maryland 5
(2016 Volume and 2023 Supplement) 6
BY repealing 7
Article – Alcoholic Beverages and Cannabis 8
Section 22–1005.2 9
Annotated Code of Maryland 10
(2016 Volume and 2023 Supplement) 11
BY adding to 12
Article – Alcoholic Beverages and Cannabis 13
Section 22–1005.2 14
Annotated Code of Maryland 15
(2016 Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Alcoholic Beverages and Cannabis 18
Section 22–1501(b)(2) 19
Annotated Code of Maryland 20
(2016 Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 22
That Section(s) 22–1005.2 and 22–1005.3 of Article – Alcoholic Beverages and Cannabis of 23
the Annotated Code of Maryland be renumbered to be Section(s) 22–1005.3 and 22–1005.4, 24
respectively. 25
SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 26
MARYLAND, AND BE IT FURTHER ENACTED, That the Laws of Maryland read as 27
follows: 28
Article – Alcoholic Beverages and Cannabis 29
22–102. 30
This title applies only in Harford County. 31
[22–1005.2. 32
(a) In this section, “performing arts theater” means an area, a building, or a 33
structure designed and used for plays, acts, dramas, concerts, or histrionics by actors or 34
actresses performing on a stage or the showing of movies or films. 35
SENATE BILL 734 3
(b) There is a performing arts theater beer and wine license. 1
(c) The Board may issue the license for use on the premises of a performing arts 2
theater operated by a nonprofit organization. 3
(d) The license authorizes the holder to sell or serve beer and wine at retail for 4
on–premises consumption. 5
(e) The license holder may sell or serve beer and wine: 6
(1) 1 hour before and after a performance; 7
(2) during a performance; 8
(3) during an intermission; and 9
(4) during a reception 1 hour before or 1 hour after a performance. 10
(f) The license may not be transferred to another location. 11
(g) The license holder shall purchase beer and wine from an authorized and 12
licensed wholesaler. 13
(h) Issuance of a license under this section does not prohibit the Board from 14
issuing a Class C per diem license that applies to the performing arts theater. 15
(i) The license holder shall serve or offer for sale snacks at all times when beer 16
and wine are sold. 17
(j) The annual license fee is $500.] 18
22–1005.2. 19
(A) IN THIS SECTION , “PERFORMING ARTS NONP ROFIT ORGANIZATION ” 20
MEANS A NONPROFIT ORGANIZATION THAT OR GANIZES THE PRODUCTI ON OF PLAYS, 21
ACTS, DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON 22
A STAGE OR THE SHOWI NG OF FILMS. 23
(B) THERE IS A PERFORMING ARTS NONPROFIT ORGAN IZATION BEER , 24
WINE, AND LIQUOR LICENSE . 25
(C) THE BOARD MAY ISSUE THE L ICENSE TO A PERFORMI NG ARTS 26
NONPROFIT ORGANIZATI ON. 27
4 SENATE BILL 734
(D) (1) THE LICENSE AUTHORIZE S THE HOLDER TO SELL OR SERVE BEER, 1
WINE, AND LIQUOR AT RETAIL FOR ON–PREMISES CONSUMPTION AT UP TO THREE 2
LOCATIONS DESIGNATED AT THE TIME OF APPLI CATION. 3
(2) THE LOCATIONS DESIGNA TED AT THE TIME OF A PPLICATION 4
MUST: 5
(I) BE SUITABLE FOR THE PRODUCTION OF PLAYS , ACTS, 6
DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON A 7
STAGE OR THE SHOWING OF FILMS; AND 8
(II) MEET ANY OTHER REQUI REMENTS ESTABLISHED BY THE 9
BOARD. 10
(3) THE LICENSE HOLDER MA Y ALTER THE AUTHORIZ ED LOCATIONS 11
EACH TIME THE LICENS E IS RENEWED. 12
(E) THE LICENSE HOLDER MA Y SELL OR SERVE BEER , WINE, AND LIQUOR: 13
(1) 1 HOUR BEFORE AND AFTE R A PERFORMANCE ; 14
(2) DURING A PERFORMANCE ; 15
(3) DURING AN INTERMISSI ON; AND 16
(4) DURING A RECEPTION W ITHIN 1 HOUR BEFORE OR AFTER A 17
PERFORMANCE . 18
(F) THE LICENSE MAY NOT B E TRANSFERRED TO ANO THER LOCATION NOT 19
IDENTIFIED ON THE AP PLICATION. 20
(G) THE LICENSE HOLDER SH ALL PURCHASE B EER, WINE, AND LIQUOR 21
FROM A RETAIL LICENS E HOLDER OR AN AUTHO RIZED AND LICENSED W HOLESALER. 22
(H) A LICENSE HOLDER MAY N OT SELL OR ISSUE MOR E THAN 750 TICKETS 23
TO ANY EVENT OR PERF ORMANCE AT WHICH THE HOLDER WILL SELL OR SERVE 24
BEER, WINE, OR LIQUOR. 25
(I) ISSUANCE OF A LICENSE UNDER THIS SECTION D OES NOT PROHIBIT THE 26
BOARD FROM ISSUING A CLASS C PER DIEM LICENSE TO THE PERFORMING ARTS 27
NONPROFIT ORGANIZATI ON FOR AN EVENT OUTS IDE THE SCOPE OF THE LICENSE. 28
(J) THE LICENSE HOLDER SH ALL SERVE OR OFFER F OR SALE SNACKS AT 29
ALL TIMES WHEN BEER , WINE, AND LIQUOR ARE SOLD . 30 SENATE BILL 734 5
(K) (1) THE LICENSE HOLDER SH ALL: 1
(I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L 2
ALCOHOLIC BEVERAGES SOLD, SERVED, AND PURCHASED UNDER THIS SECTION; 3
(II) ON WRITTEN REQUEST O F THE COMPTROL LER OR, THE 4
BOARD, OR THE EXECUTIVE DIRECTOR, REPORT ON THE FORM T HAT THE 5
COMPTROLLER OR, THE BOARD, OR THE EXECUTIVE DIRECTOR REQUIRES 6
INFORMATION RELATING TO THE ALCOHOLIC BEV ERAGES THAT ARE THE SUBJECT 7
OF THE RECORDS REQUI RED TO BE KEPT; AND 8
(III) ON REQUEST OF THE COMPTROLLER OR, THE BOARD, OR 9
THE EXECUTIVE DIRECTOR, MAKE THE REPORT UNDE R OATH. 10
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 11
PARAGRAPH , EACH LICENSE HOLDER SHALL KEEP RECORDS A T THE LOCATION 12
DESIGNATED IN THE LI CENSE. 13
(II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN 14
ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL 15
LOCATION. 16
(III) THE RECORDS SHALL : 17
1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E 18
COMPTROLLER AND THE BOARD, OR THE EXECUTIVE DIRECTOR; 19
2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER 20
THAT ENSURES PERMANE NCY; AND 21
3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N 22
DURING REGULAR BUSIN ESS HOURS BY THE COMPTROLLER OR,THE BOARD, OR THE 23
EXECUTIVE DIRECTOR OR A DESIGNEE OF THE COMPTROLLER OR, THE BOARD, OR 24
THE EXECUTIVE DIRECTOR. 25
(3) (I) THE COMPTROLLER MAY WITHO UT A HEARING 26
IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE 27
HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION. 28
(II) IF A REPORT REQUIRED BY THIS SEC TION OR AN 29
INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , THE 30
EXECUTIVE DIRECTOR, OR ANY OTHER PERSON INDICATES THAT THE L ICENSE 31 6 SENATE BILL 734
HOLDER IS VIOLATING THIS SECTION, THE BOARD SHALL SUMMON TH E LICENSE 1
HOLDER AND CONDUCT A HEARING. 2
(III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE 3
BOARD: 4
1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND 5
NOT MORE THAN $2,000; AND 6
2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S 7
LICENSE IMMEDIATELY . 8
(K) (L) THE ANNUAL LICENSE FEE IS $750. 9
22–1501. 10
(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 11
Licenses”) of Division I of this article apply in the county: 12
(2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 13
for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part 14
III [and], Subtitle 16, Part II, AND § 22–1005.2 of this title; 15
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
July 1, 2024. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.