WES MOORE, Governor Ch. 1012
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Chapter 1012
(Senate Bill 734)
AN ACT concerning
Harford County – Alcoholic Beverages – Performing Arts Nonprofit
Organization License
FOR the purpose of repealing the performing arts theater beer and wine license in Harford
County; establishing in Harford County a performing arts nonprofit organization
license that authorizes the holder to sell or serve beer, wine, and liquor at certain
locations for on–premises consumption; requiring the holder of the license to comply
with certain record–keeping and reporting requirements; and generally relating to
alcoholic beverages licenses in Harford County.
BY renumbering
Article – Alcoholic Beverages and Cannabis
Section 22–1005.2 and 22–1005.3
to be Section 22–1005.3 and 22–1005.4, respectively
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Alcoholic Beverages and Cannabis
Section 22–102
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
BY repealing
Article – Alcoholic Beverages and Cannabis
Section 22–1005.2
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
BY adding to
Article – Alcoholic Beverages and Cannabis
Section 22–1005.2
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Alcoholic Beverages and Cannabis
Section 22–1501(b)(2)
Annotated Code of Maryland
(2016 Volume and 2023 Supplement)
Ch. 1012 2024 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) 22–1005.2 and 22–1005.3 of Article – Alcoholic Beverages and Cannabis of
the Annotated Code of Maryland be renumbered to be Section(s) 22–1005.3 and 22–1005.4,
respectively.
SECTION 1. 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, AND BE IT FURTHER ENACTED, That the Laws of Maryland read as
follows:
Article – Alcoholic Beverages and Cannabis
22–102.
This title applies only in Harford County.
[22–1005.2.
(a) In this section, “performing arts theater” means an area, a building, or a
structure designed and used for plays, acts, dramas, concerts, or histrionics by actors or
actresses performing on a stage or the showing of movies or films.
(b) There is a performing arts theater beer and wine license.
(c) The Board may issue the license for use on the premises of a performing arts
theater operated by a nonprofit organization.
(d) The license authorizes the holder to sell or serve beer and wine at retail for
on–premises consumption.
(e) The license holder may sell or serve beer and wine:
(1) 1 hour before and after a performance;
(2) during a performance;
(3) during an intermission; and
(4) during a reception 1 hour before or 1 hour after a performance.
(f) The license may not be transferred to another location.
(g) The license holder shall purchase beer and wine from an authorized and
licensed wholesaler.
(h) Issuance of a license under this section does not prohibit the Board from
issuing a Class C per diem license that applies to the performing arts theater. WES MOORE, Governor Ch. 1012
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(i) The license holder shall serve or offer for sale snacks at all times when beer
and wine are sold.
(j) The annual license fee is $500.]
22–1005.2.
(A) IN THIS SECTION , “PERFORMING ARTS NONP ROFIT ORGANIZATION ”
MEANS A NONPROFIT OR GANIZATION THAT ORGA NIZES THE PRODUCTION OF PLAYS,
ACTS, DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON
A STAGE OR THE SHOWI NG OF FILMS.
(B) THERE IS A PERFORMING ARTS NONPROF IT ORGANIZATION BEER ,
WINE, AND LIQUOR LICENSE .
(C) THE BOARD MAY ISSUE THE L ICENSE TO A PERFORMI NG ARTS
NONPROFIT ORGANIZATI ON.
(D) (1) THE LICENSE AUTHORIZE S THE HOLDER TO SELL OR SERVE BEER,
WINE, AND LIQUOR AT RETAIL FOR ON–PREMISES CONSUMPTION AT UP TO THREE
LOCATIONS DESIGNATED AT THE TIME OF APPLI CATION.
(2) THE LOCATIONS DESIGNA TED AT THE TIME OF A PPLICATION
MUST:
(I) BE SUITABLE FOR THE PRODUCTION OF PLAYS , ACTS,
DRAMAS, CONCERTS, OR SIMILAR EVENTS BY INDIVIDUALS PERFORMI NG ON A
STAGE OR THE SHOWING OF FILMS ; AND
(II) MEET ANY OTHER REQUI REMENTS ESTABLISHED BY THE
BOARD.
(3) THE LICENSE HOLDER MA Y ALTER THE AUTHORIZ ED LOCATIONS
EACH TIME THE LICENS E IS RENEWED.
(E) THE LICENSE HOLDER MA Y SELL OR SERVE BEER , WINE, AND LIQUOR:
(1) 1 HOUR BEFORE AND AFTE R A PERFORMANCE ;
(2) DURING A PERFORMANCE ;
(3) DURING AN INTERMISSI ON; AND
Ch. 1012 2024 LAWS OF MARYLAND
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(4) DURING A RECEPTION W ITHIN 1 HOUR BEFORE OR AFTER A
PERFORMANCE .
(F) THE LICENSE MAY NOT B E TRANSFERRED TO ANO THER LOCATION NOT
IDENTIFIED ON THE APPLICATION .
(G) THE LICENSE HOLDER SH ALL PURCHASE BEER , WINE, AND LIQUOR
FROM A RETAIL LICENS E HOLDER OR AN AUTHO RIZED AND LICENSED W HOLESALER.
(H) A LICENSE HOLDER MAY N OT SELL OR ISSUE MOR E THAN 750 TICKETS
TO ANY EVENT OR PERF ORMANCE AT WHICH T HE HOLDER WILL SELL OR SERVE
BEER, WINE, OR LIQUOR.
(I) ISSUANCE OF A LICENSE UNDER THIS SECTION D OES NOT PROHIBIT THE
BOARD FROM ISSUING A CLASS C PER DIEM LICENSE TO THE PERFORMING ARTS
NONPROFIT ORGANIZATI ON FOR AN EVENT OUTS IDE THE SCOPE OF THE LICENSE.
(J) THE LICENSE HOLDER SH ALL SERVE OR OFFER F OR SALE SNACKS AT
ALL TIMES WHEN BEER , WINE, AND LIQUOR ARE SOLD .
(K) (1) THE LICENSE HOLDER SH ALL:
(I) KEEP COMPLETE AND AC CURATE RECORDS OF AL L
ALCOHOLIC BEVERAGES SOLD, SERVED, AND PURCHASED UNDER THIS SECTION ;
(II) ON WRITTEN REQUEST O F THE COMPTROLLER OR, THE
BOARD, OR THE EXECUTIVE DIRECTOR, REPORT ON THE FORM T HAT THE
COMPTROLLER OR, THE BOARD, OR THE EXECUTIVE DIRECTOR REQUIRES
INFORMATION RELATING TO THE ALCOHOLIC BEV ERAGES THAT ARE THE SUBJECT
OF THE RECORDS REQUI RED TO BE KEPT; AND
(III) ON REQUEST OF THE COMPTROLLER OR, THE BOARD, OR
THE EXECUTIVE DIRECTOR, MAKE THE REPORT UNDE R OATH.
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , EACH LICENSE HOLDER SHALL KEEP RECORDS AT TH E LOCATION
DESIGNATED IN THE LI CENSE.
(II) IF THE LICENSE HOLDER IS ALLOWED TO HAVE M ORE THAN
ONE LOCATION , THE LICENSE HOLDER M AY KEEP THE RECORDS AT THE PRINCIPAL
LOCATION.
(III) THE RECORDS SHALL : WES MOORE, Governor Ch. 1012
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1. MEET FORM AND CONTEN T REQUIREMENTS OF TH E
COMPTROLLER AND THE BOARD, OR THE EXECUTIVE DIRECTOR;
2. BE PRESERVED FOR AT LEAST 2 YEARS IN A MANNER
THAT ENSURES PERMANE NCY; AND
3. BE MADE AVAILABLE FO R AUDIT OR INSPECTIO N
DURING REGULAR BUSIN ESS HOURS BY THE COMPTROLLER OR,THE BOARD, OR THE
EXECUTIVE DIRECTOR OR A DESIGNEE OF THE COMPTROLLER OR, THE BOARD, OR
THE EXECUTIVE DIRECTOR.
(3) (I) THE COMPTROLLER MAY WITHO UT A HEARING
IMMEDIATELY SUSPEND FOR A MAXIMUM OF 30 DAYS THE LICENSE OF A LICENSE
HOLDER WHO FAILS TO COMPLY WITH THIS SUB SECTION.
(II) IF A REPORT REQUIRED BY THIS SECTION OR A N
INVESTIGATION BY THE BOARD, A BOARD OFFICER , THE COMPTROLLER , THE
EXECUTIVE DIRECTOR, OR ANY OTHER PERSON INDICATES THAT THE L ICENSE
HOLDER IS VIOLATING THIS SECTION, THE BOARD SHALL SUMMON TH E LICENSE
HOLDER AND CONDUCT A HEARING.
(III) IF THE CHARGES AT THE HEARING ARE SUSTAINE D, THE
BOARD:
1. SHALL IMPOSE A FINE OF NOT LESS THAN $250 AND
NOT MORE THAN $2,000; AND
2. MAY SUSPEND OR REVOK E THE LICENSE HOLDER ’S
LICENSE IMMEDIATELY .
(K) (L) THE ANNUAL LICENSE FE E IS $750.
22–1501.
(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local
Licenses”) of Division I of this article apply in the county:
(2) § 4–203 (“Prohibition against issuing multiple licenses to individual or
for use of entity”), subject to §§ 22–1503 and 22–1504 of this subtitle and Subtitle 13, Part
III [and], Subtitle 16, Part II, AND § 22–1005.2 of this title;
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024. Ch. 1012 2024 LAWS OF MARYLAND
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Approved by the Governor, May 16, 2024.