EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0904* SENATE BILL 904 A2 4lr3021 CF HB 1089 By: Senator Hayes Introduced and read first time: February 2, 2024 Assigned to: Finance A BILL ENTITLED AN ACT concerning 1 Baltimore City – Alcoholic Beverages – Class B Beer, Wine, and Liquor Licenses 2 FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 3 issue a Class B beer, wine, and liquor license in a certain area; establishing the 4 requirements for a holder of the license; and generally relating to alcoholic beverages 5 licenses in Baltimore City. 6 BY repealing and reenacting, without amendments, 7 Article – Alcoholic Beverages and Cannabis 8 Section 12–102 9 Annotated Code of Maryland 10 (2016 Volume and 2023 Supplement) 11 BY adding to 12 Article – Alcoholic Beverages and Cannabis 13 Section 12–1606 14 Annotated Code of Maryland 15 (2016 Volume and 2023 Supplement) 16 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 That the Laws of Maryland read as follows: 18 Article – Alcoholic Beverages and Cannabis 19 12–102. 20 This title applies only in Baltimore City. 21 12–1606. 22 2 SENATE BILL 904 (A) NOTWITHSTANDING ANY O THER PROVISION OF LAW IN THIS TITLE, THE 1 BOARD MAY ISSUE A CLASS B BEER, WINE, AND LIQUOR LICENSE F OR USE BY A 2 RESTAURANT IN WARD 4, PRECINCTS 1 AND 2 THAT: 3 (1) HAS AVERAGE DAILY RE CEIPTS FROM THE SALE OF FOOD THAT 4 ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; 5 (2) HAS BEEN CLASSIFIED BY THE BALTIMORE CITY HEALTH 6 DEPARTMENT AS : 7 (I) A HIGH PRIORITY FOOD SERVICE FACILITY ; OR 8 (II) A MODERATE PRIORITY FO OD SERVICE FACILITY ; AND 9 (3) HAS EXECUTED A MEMOR ANDUM OF UNDERSTANDI NG WITH THE 10 DOWNTOWN PARTNERSHIP OF BALTIMORE. 11 (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 12 THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION M AY NOT SELL ALCOHOLI C 13 BEVERAGES FOR OFF –PREMISES CONSUMPTION . 14 (2) THE BOARD MAY ISSUE THE HOLDER OF A LICENSE ISSUED 15 UNDER THIS SECTION A REFILLABLE CONTAINER PERMIT IN ACCORDANCE WITH § 16 12–1102 OF THIS TITLE. 17 (C) A LICENSE ISSUED UNDER THIS SECTION MAY NOT BE TRANSFERRED 18 FROM THE LOCATION OF ITS FIRST ISSUANCE . 19 (D) IF A LICENSE ISSUED U NDER THIS SECTION IS RENEWED, THE LICENSE 20 HOLDER SH ALL FILE WITH THE BOARD AS PART OF ITS RENEWAL APPLICATION : 21 (1) A STATEMENT DETAILIN G THE AVERAGE DAILY RECEIPTS FROM 22 THE RESTAURANT ; 23 (2) AN AFFIDAVIT FROM A CERTIFIED PUBLIC ACC OUNTANT THAT 24 VERIFIES THAT THE LI CENSE HOLDER MEETS T HE REQUIREMENTS OF SUBSECTION 25 (B)(1) OF THIS SECTION; AND 26 (3) ANY OTHER INFORMATIO N THAT THE BOARD REQUIRES . 27 (E) THE BOARD: 28 (1) MAY NOT ISSUE A NEW LICENSE UNDER THIS S ECTION AFTER 29 SENATE BILL 904 3 JUNE 30, 2028; BUT 1 (2) MAY CONTINUE TO RENE W LICENSES ISSUED ON OR BEFORE JUNE 2 30, 2028. 3 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4 1, 2024. 5