MD
Maryland Senate Bill SB904

Maryland 2024 Regular Session

Maryland Senate Bill SB904 Compare Versions

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1- WES MOORE, Governor Ch. 1029
21
3-– 1 –
4-Chapter 1029
5-(Senate Bill 904)
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+ *sb0904*
89
9-Baltimore City – Alcoholic Beverages – Class B Beer, Wine, and Liquor Licenses
10+SENATE BILL 904
11+A2 4lr3021
12+ CF HB 1089
13+By: Senator Hayes
14+Introduced and read first time: February 2, 2024
15+Assigned to: Finance
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 23, 2024
1019
11-FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to
12-issue a Class B beer, wine, and liquor license in a certain area; establishing the
13-requirements for a holder of the license; and generally relating to alcoholic beverages
14-licenses in Baltimore City.
20+CHAPTER ______
1521
16-BY repealing and reenacting, without amendments,
17- Article – Alcoholic Beverages and Cannabis
18-Section 12–102
19- Annotated Code of Maryland
20- (2016 Volume and 2023 Supplement)
22+AN ACT concerning 1
2123
22-BY adding to
23- Article – Alcoholic Beverages and Cannabis
24-Section 12–1606
25- Annotated Code of Maryland
26- (2016 Volume and 2023 Supplement)
24+Baltimore City – Alcoholic Beverages – Class B Beer, Wine, and Liquor Licenses 2
2725
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
26+FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 3
27+issue a Class B beer, wine, and liquor license in a certain area; establishing the 4
28+requirements for a holder of the license; and generally relating to alcoholic beverages 5
29+licenses in Baltimore City. 6
3030
31-Article – Alcoholic Beverages and Cannabis
31+BY repealing and reenacting, without amendments, 7
32+ Article – Alcoholic Beverages and Cannabis 8
33+Section 12–102 9
34+ Annotated Code of Maryland 10
35+ (2016 Volume and 2023 Supplement) 11
3236
33-12–102.
37+BY adding to 12
38+ Article – Alcoholic Beverages and Cannabis 13
39+Section 12–1606 14
40+ Annotated Code of Maryland 15
41+ (2016 Volume and 2023 Supplement) 16
3442
35- This title applies only in Baltimore City.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
44+That the Laws of Maryland read as follows: 18
3645
37-12–1606.
46+Article – Alcoholic Beverages and Cannabis 19
3847
39- (A) NOTWITHSTANDING ANY O THER PROVISION OF LAW IN THIS TITLE, THE
40-BOARD MAY ISSUE A CLASS B BEER, WINE, AND LIQUOR LICENSE F OR USE BY A
41-RESTAURANT IN WARD 4, PRECINCTS 1 AND 2 THAT:
48+12–102. 20 2 SENATE BILL 904
4249
43- (1) HAS AVERAGE DAILY RE CEIPTS FROM THE SALE OF FOOD THAT
44-ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT;
4550
46- (2) HAS BEEN CLASSIFIED BY THE BALTIMORE CITY HEALTH
47-DEPARTMENT AS :
48- Ch. 1029 2024 LAWS OF MARYLAND
4951
50-– 2 –
51- (I) A HIGH PRIORITY FOOD SERVICE FACILITY ; OR
52+ This title applies only in Baltimore City. 1
5253
53- (II) A MODERATE PRIORITY FO OD SERVICE FACILITY ; AND
54+12–1606. 2
5455
55- (3) HAS EXECUTED A MEMOR ANDUM OF UNDERSTANDI NG WITH THE
56-DOWNTOWN PARTNERSHIP OF BALTIMORE.
56+ (A) NOTWITHSTANDING ANY O THER PROVISION OF LAW IN THIS TITLE, THE 3
57+BOARD MAY ISSUE A CLASS B BEER, WINE, AND LIQUOR LICENSE F OR USE BY A 4
58+RESTAURANT IN WARD 4, PRECINCTS 1 AND 2 THAT: 5
5759
58- (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
59-THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION M AY NOT SELL ALCOHOLI C
60-BEVERAGES FOR OFF–PREMISES CONSUMPTION .
60+ (1) HAS AVERAGE DAILY RE CEIPTS FROM THE SALE OF FOOD THAT 6
61+ARE AT LEAST 51% OF THE TOTAL DAILY R ECEIPTS OF THE RESTA URANT; 7
6162
62- (2) THE BOARD MAY ISSUE THE HOLDER OF A LICENSE ISSUED
63-UNDER THIS SECTION A REFILLABLE CONTAINER PERMIT IN ACCORDANCE WITH §
64-12–1102 OF THIS TITLE.
63+ (2) HAS BEEN CLASSIFIED BY THE BALTIMORE CITY HEALTH 8
64+DEPARTMENT AS : 9
6565
66- (C) A LICENSE ISSUED UNDER THIS SECTION MAY NOT BE TRANSFERRED
67-FROM THE LOCATION OF ITS FIRS T ISSUANCE.
66+ (I) A HIGH PRIORITY FOOD SERVICE FACILITY ; OR 10
6867
69- (D) IF A LICENSE ISSUED U NDER THIS SECTION IS RENEWED, THE LICENSE
70-HOLDER SHALL FILE WI TH THE BOARD AS PART OF ITS RENEWAL APPLICATION :
68+ (II) A MODERATE PRIORITY FO OD SERVICE FACILITY ; AND 11
7169
72- (1) A STATEMENT DETAILIN G THE AVERAGE DAILY RECEIPTS FROM
73-THE RESTAURANT ;
70+ (3) HAS EXECUTED A MEMOR ANDUM OF UNDERSTANDI NG WITH THE 12
71+DOWNTOWN PARTNERSHIP OF BALTIMORE. 13
7472
75- (2) AN AFFIDAVIT FROM A CER TIFIED PUBLIC ACCOUN TANT THAT
76-VERIFIES THAT THE LI CENSE HOLDER MEETS T HE REQUIREMENTS OF S UBSECTION
77-(B)(1) OF THIS SECTION; AND
73+ (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 14
74+THE HOLDER OF A LICENSE ISSUED UNDER THIS SECTION M AY NOT SELL ALCOHOLI C 15
75+BEVERAGES FOR OFF–PREMISES CONSUMPTION . 16
7876
79- (3) ANY OTHER INFORMATIO N THAT THE BOARD REQUIRES .
77+ (2) THE BOARD MAY ISSUE THE HOLDER OF A LICENSE ISSUED 17
78+UNDER THIS SECTION A REFILLABLE CONTAINER PERMIT IN ACCORDANCE WITH § 18
79+12–1102 OF THIS TITLE. 19
8080
81- (E) THE BOARD:
81+ (C) A LICENSE ISSUED UNDER THIS SECTION MAY NOT BE TRANSFERRED 20
82+FROM THE LOCATION OF ITS FIRS T ISSUANCE. 21
8283
83- (1) MAY NOT ISSUE A NEW LICENSE UNDER THIS S ECTION AFTER
84-JUNE 30, 2028; BUT
84+ (D) IF A LICENSE ISSUED U NDER THIS SECTION IS RENEWED, THE LICENSE 22
85+HOLDER SHALL FILE WI TH THE BOARD AS PART OF ITS RENEWAL APPLICATION : 23
8586
86- (2) MAY CONTINUE TO RENE W LICENSES ISSUED ON OR BEFORE JUNE
87-30, 2028.
87+ (1) A STATEMENT DETAILIN G THE AVERAGE DAILY RECEIPTS FROM 24
88+THE RESTAURANT ; 25
8889
89- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
90-1, 2024.
90+ (2) AN AFFIDAVIT FROM A CER TIFIED PUBLIC ACCOUN TANT THAT 26
91+VERIFIES THAT THE LI CENSE HOLDER MEETS T HE REQUIREMENTS OF S UBSECTION 27
92+(B)(1) OF THIS SECTION; AND 28
9193
92-Approved by the Governor, May 16, 2024.
94+ (3) ANY OTHER INFORMATIO N THAT THE BOARD REQUIRES . 29 SENATE BILL 904 3
95+
96+
97+
98+ (E) THE BOARD: 1
99+
100+ (1) MAY NOT ISSUE A NEW LICENSE UNDER THIS SECTION AF TER 2
101+JUNE 30, 2028; BUT 3
102+
103+ (2) MAY CONTINUE TO RENE W LICENSES ISSUED ON OR BEFORE JUNE 4
104+30, 2028. 5
105+
106+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
107+1, 2024. 7
108+
109+
110+
111+Approved:
112+________________________________________________________________________________
113+ Governor.
114+________________________________________________________________________________
115+ President of the Senate.
116+________________________________________________________________________________
117+ Speaker of the House of Delegates.