Maryland 2025 Regular Session

Maryland House Bill HB655 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb0655*
96
107 HOUSE BILL 655
118 A2 5lr1197
12- CF SB 798
9+ CF 5lr2718
1310 By: Wicomico County Delegation
1411 Introduced and read first time: January 24, 2025
1512 Assigned to: Economic Matters
16-Committee Report: Favorable
17-House action: Adopted
18-Read second time: March 6, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Wicomico County – Alcoholic Beverages – Temporary To–Go Event Permit and 2
2519 Class C Per Diem Municipal To–Go Beer, Wine, and Liquor License 3
2620
2721 FOR the purpose of establishing a temporary to–go event permit in Wicomico County; 4
2822 authorizing the Board of License Commissioners for Wicomico County to issue a 5
2923 temporary to–go event permit to a holder of a Class B beer, wine, and liquor license 6
3024 under certain circumstances; establishing a Class C per diem municipal to–go beer, 7
3125 wine, and liquor license in the county; authorizing the Board to issue a Class C per 8
3226 diem municipal to–go beer, wine, and liquor license to a municipality in the county; 9
3327 requiring the Board to adopt certain regulations; and generally relating to alcoholic 10
3428 beverages in Wicomico County. 11
3529
3630 BY repealing and reenacting, without amendments, 12
3731 Article – Alcoholic Beverages and Cannabis 13
3832 Section 32–102 and 32–902(a), (b), (c), (g), and (h) 14
3933 Annotated Code of Maryland 15
4034 (2024 Replacement Volume) 16
4135
4236 BY adding to 17
4337 Article – Alcoholic Beverages and Cannabis 18
4438 Section 32–902(i), 32–1104, and 32–1314 19
4539 Annotated Code of Maryland 20
4640 (2024 Replacement Volume) 21
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43+That the Laws of Maryland read as follows: 23
44+
45+Article – Alcoholic Beverages and Cannabis 24
46+
47+32–102. 25
4748 2 HOUSE BILL 655
4849
4950
50- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51-That the Laws of Maryland read as follows: 2
51+ This title applies only in Wicomico County. 1
5252
53-Article – Alcoholic Beverages and Cannabis 3
53+32–902. 2
5454
55-32–102. 4
55+ (a) There is a Class B beer, wine, and liquor license. 3
5656
57- This title applies only in Wicomico County. 5
57+ (b) The Board may issue the license for use by: 4
5858
59-32–902. 6
59+ (1) a hotel that has: 5
6060
61- (a) There is a Class B beer, wine, and liquor license. 7
61+ (i) at least 25 rooms; 6
6262
63- (b) The Board may issue the license for use by: 8
63+ (ii) a lobby with registration, mail desk, and seating facilities; and 7
6464
65- (1) a hotel that has: 9
65+ (iii) a dining room that serves full–course meals at least twice daily; 8
66+or 9
6667
67- (i) at least 25 rooms; 10
68+ (2) (i) a restaurant that: 10
6869
69- (ii) a lobby with registration, mail desk, and seating facilities; and 11
70+ 1. has a proper and adequate dining room with facilities for 11
71+preparing and serving regular meals; 12
7072
71- (iii) a dining room that serves full–course meals at least twice daily; 12
72-or 13
73+ 2. not counting seating at a bar or counter, has table seating 13
74+for at least 40 individuals; and 14
7375
74- (2) (i) a restaurant that: 14
76+ 3. has average daily receipts from the sale of food, not 15
77+counting foodstuff contained in a mixed drink, that each month exceed the average daily 16
78+receipts from the sale of alcoholic beverages. 17
7579
76- 1. has a proper and adequate dining room with facilities for 15
77-preparing and serving regular meals; 16
80+ (ii) The seating requirement in item (i)1 of this item does not apply 18
81+to a Class B beer, wine, and liquor license holder who held the license on July 1, 1978. 19
7882
79- 2. not counting seating at a bar or counter, has table seating 17
80-for at least 40 individuals; and 18
83+ (c) The license authorizes the license holder to sell beer, wine, and liquor at a 20
84+hotel or restaurant at retail at the place described in the license, for on–premises 21
85+consumption. 22
8186
82- 3. has average daily receipts from the sale of food, not 19
83-counting foodstuff contained in a mixed drink, that each month exceed the average daily 20
84-receipts from the sale of alcoholic beverages. 21
87+ (g) (1) The Board may issue a wine permit to a holder of the license for use by 23
88+a restaurant that: 24
8589
86- (ii) The seating requirement in item (i)1 of this item does not apply 22
87-to a Class B beer, wine, and liquor license holder who held the license on July 1, 1978. 23
90+ (i) at least 5 days per week, offers for sale and describes in a printed 25
91+menu: 26
8892
89- (c) The license authorizes the license holder to sell beer, wine, and liquor at a 24
90-hotel or restaurant at retail at the place described in the license, for on–premises 25
91-consumption. 26
93+ 1. breakfast and lunch; 27
9294
93- (g) (1) The Board may issue a wine permit to a holder of the license for use by 27
94-a restaurant that: 28
95- HOUSE BILL 655 3
95+ 2. breakfast and dinner; or 28
9696
97-
98- (i) at least 5 days per week, offers for sale and describes in a printed 1
99-menu: 2
100-
101- 1. breakfast and lunch; 3
102-
103- 2. breakfast and dinner; or 4
104-
105- 3. lunch and dinner; and 5
106-
107- (ii) has an area used for the preparation and consumption of food 6
108-and beverages that is at least 80% of the area of the premises. 7
109-
110- (2) Off–sale alcoholic beverages receipts shall be included in the calculation 8
111-of average daily receipts from the sale of alcoholic beverages under § 32–901(c)(2)(i)3 of this 9
112-subtitle. 10
113-
114- (3) The wine permit authorizes the license holder to sell, at retail, at the 11
115-place described in the license: 12
116-
117- (i) beer, wine, and liquor for on–premises consumption; and 13
118-
119- (ii) wine for off–premises consumption. 14
120-
121- (4) The term of the wine permit is the same as the term of the Class B 15
122-license. 16
123-
124- (5) If the premises is open for business as a restaurant, the hours and days 17
125-of sale for the wine permit are: 18
126-
127- (i) 10 a.m. to midnight, Monday through Saturday; and 19
128-
129- (ii) 12:30 p.m. to midnight on Sunday. 20
130-
131- (6) Wine sold under the wine permit may not have an alcohol content 21
132-greater than 15.5%. 22
133-
134- (7) An applicant for the wine permit shall complete the form that the Board 23
135-provides. 24
136-
137- (8) Advertising, posting of notice, and public hearing requirements for the 25
138-wine permit are the same as those for Class B licenses. 26
139-
140- (9) The Board may adopt regulations to carry out this subsection, including 27
141-a limit on the number of wine permits to be granted. 28
142-
143- (10) The annual permit fee is $1,500. 29
144- 4 HOUSE BILL 655
145-
146-
147- (h) The holder of a Class B beer, wine, and liquor restaurant license that has been 1
148-issued a Class 9 limited distillery license may sell products manufactured under the 2
149-distillery license at the place described in the Class B license in a manner consistent with 3
150-the underlying Class B license for on– and off–premises consumption. 4
151-
152- (I) (1) THE BOARD MAY ISSUE A TEMPORARY TO–GO EVENT PERMIT 5
153-UNDER § 32–1104 OF THIS TITLE TO A HOLDER OF A LIC ENSE UNDER THIS SECT ION 6
154-IF THE LICENSED ESTA BLISHMENT IS LOCATED WITHIN OR IMMEDIATELY ADJACENT 7
155-TO A SPECIAL EVEN T AREA IDENTIFIED IN A CLASS C PER DIEM MUNICIPAL TO–GO 8
156-BEER, WINE, AND LIQUOR LICENSE ISSUED UNDER § 32–1314 OF THIS TITLE. 9
157-
158- (2) THE TEMPORARY TO –GO EVENT PERMIT AUTH ORIZES THE 10
159-HOLDER TO SELL AT RE TAIL BEER, WINE, AND LIQUOR IN APPROV ED TO–GO CUPS 11
160-THAT MAY BE CARRIED OUTSID E THE LICENSED ESTAB LISHMENT AND INTO TH E 12
161-DESIGNATED SPECIAL E VENT AREA. 13
162-
163-32–1104. 14
164-
165- (A) THERE IS A TEMPORARY TO–GO EVENT PERMIT. 15
166-
167- (B) THE BOARD MAY ISSUE THE PERMIT TO A HOLDER O F A CLASS B BEER, 16
168-WINE, AND LIQUOR LICENSE IF THE LICENSED ESTA BLISHMENT IS LOCATED WITHIN 17
169-OR IMMEDIATELY ADJAC ENT TO A SPECIAL EVE NT AREA IDENTIFIED I N AND FOR 18
170-USE IN CONJUNCTION W ITH A CLASS C PER DIEM MUNICIPAL TO–GO BEER, WINE, 19
171-AND LIQUOR LICENSE . 20
172-
173- (C) THE PERMIT AUTHORIZES THE HOLDER TO SELL A T RETAIL BEER, WINE, 21
174-AND LIQUOR IN APPROVED TO –GO CUPS THAT MAY BE CARRIED OUTSIDE THE 22
175-LICENSED ESTABLISHME NT OF THE CLASS B LICENSE AND INTO THE DESIGNATED 23
176-SPECIAL EVENT AREA . 24
177-
178- (D) THE PERMIT HOLDER SHALL BE RESP ONSIBLE FOR COMPLYIN G WITH 25
179-ALL APPLICABLE LAWS AND REGULATIONS . 26
180-
181- (E) THE TERM OF THE PERMIT IS THE SAME A S THE TERM OF THE 27
182-ASSOCIATED CLASS C PER DIEM MUNICIPAL T O–GO BEER, WINE, AND LIQUOR 28
183-LICENSE. 29
184-
185- (F) THE BOARD SHALL ADOPT REGULATIONS RE LATED TO THE ISSUANC E 30
186-OF AND REQUIREMENTS FOR THE PERMIT, INCLUDING REGULATION S RELATED TO: 31
187-
188- (1) THE DESIGNATION OF A SPECIAL EVENT AREA ; 32
189-
190- (2) THE HOURS OF SALE ; 33 HOUSE BILL 655 5
97+ 3. lunch and dinner; and 29 HOUSE BILL 655 3
19198
19299
193100
194- (3) AGE VERIFICATION REQ UIREMENTS; 1
101+ (ii) has an area used for the preparation and consumption of food 1
102+and beverages that is at least 80% of the area of the premises. 2
195103
196- (4) THE USE OF SPECIFIED TO–GO CUPS; AND 2
104+ (2) Off–sale alcoholic beverages receipts shall be included in the calculation 3
105+of average daily receipts from the sale of alcoholic beverages under § 32–901(c)(2)(i)3 of this 4
106+subtitle. 5
197107
198- (5) ADVERTISING, POSTING OF NOTICE , AND PUBLIC HEARING 3
199-REQUIREMENTS FOR THE TEMPORARY TO–GO EVENT PERMIT . 4
108+ (3) The wine permit authorizes the license holder to sell, at retail, at the 6
109+place described in the license: 7
200110
201- (G) THE FEE FOR THE PERMI T IS $20 PER DAY. 5
111+ (i) beer, wine, and liquor for on–premises consumption; and 8
202112
203-321314. 6
113+ (ii) wine for offpremises consumption. 9
204114
205- (A) THERE IS A CLASS C PER DIEM MUNICIPAL TO–GO BEER, WINE, AND 7
206-LIQUOR LICENSE . 8
115+ (4) The term of the wine permit is the same as the term of the Class B 10
116+license. 11
207117
208- (B) THE LICENSE ENTITLES THE LICENSE HOLDER T O ALLOW BEER, WINE, 9
209-AND LIQUOR SOLD BY A HOLDER OF A TEMPORARY TO –GO EVENT PERMIT UNDER § 10
210-32–1104 OF THIS TITLE TO ENTER A DESIGNATE D SPECIAL EVENT AREA DESCRIBED 11
211-IN THE LICENSE FOR A PERIOD NOT EXC EEDING 7 CONSECUTIVE DAYS . 12
118+ (5) If the premises is open for business as a restaurant, the hours and days 12
119+of sale for the wine permit are: 13
212120
213- (C) THE BOARD MAY ISSUE THE LICENS E TO A MUNICIPALITY IN THE 13
214-COUNTY. 14
121+ (i) 10 a.m. to midnight, Monday through Saturday; and 14
215122
216- (D) THE BOARD SHALL ADOPT REG ULATIONS RELATED TO THE ISSUANCE 15
217-OF AND REQUIREMENTS FOR A LICENSE UNDER THIS S ECTION, INCLUDING 16
218-REGULATIONS RELATED TO: 17
123+ (ii) 12:30 p.m. to midnight on Sunday. 15
219124
220- (1) THE DESIGNATION OF A SPECIAL EVENT AREA ; 18
125+ (6) Wine sold under the wine permit may not have an alcohol content 16
126+greater than 15.5%. 17
221127
222- (2) THE HOURS OF SALE ; 19
128+ (7) An applicant for the wine permit shall complete the form that the Board 18
129+provides. 19
223130
224- (3) AGE VERIFICATION REQ UIREMENTS; 20
131+ (8) Advertising, posting of notice, and public hearing requirements for the 20
132+wine permit are the same as those for Class B licenses. 21
225133
226- (4) THE USE OF SPECIFIED TO–GO CUPS; 21
134+ (9) The Board may adopt regulations to carry out this subsection, including 22
135+a limit on the number of wine permits to be granted. 23
227136
228- (5) ADVERTISING, POSTING OF NOTICE , AND PUBLIC HEARING 22
229-REQUIREMENTS FOR THE LICENSE AND ANY ASSO CIATED TEMPORARY TO –GO EVENT 23
230-PERMIT; AND 24
137+ (10) The annual permit fee is $1,500. 24
231138
232- (6) PUBLIC SAFETY AND EV ENT SECURITY REQUIREMENTS . 25
139+ (h) The holder of a Class B beer, wine, and liquor restaurant license that has been 25
140+issued a Class 9 limited distillery license may sell products manufactured under the 26
141+distillery license at the place described in the Class B license in a manner consistent with 27
142+the underlying Class B license for on– and off–premises consumption. 28
233143
234- (E) THE FEE FOR THE LICENSE IS $45 PER DAY. 26
235- 6 HOUSE BILL 655
144+ (I) (1) THE BOARD MAY ISSUE A TEMPORARY TO–GO EVENT PERMIT 29
145+UNDER § 32–1104 OF THIS TITLE TO A HOLDER OF A LIC ENSE UNDER THIS SECT ION 30
146+IF THE LICENSED ESTA BLISHMENT IS LOCATED WITHIN OR IMMEDIATELY ADJACENT 31 4 HOUSE BILL 655
236147
237148
238- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
239-1, 2025. 2
149+TO A SPECIAL EVEN T AREA IDENTIFIED IN A CLASS C PER DIEM MUNICIPAL TO–GO 1
150+BEER, WINE, AND LIQUOR LICENSE ISSUED UNDER § 32–1314 OF THIS TITLE. 2
151+
152+ (2) THE TEMPORARY TO –GO EVENT PERMIT AUTH ORIZES THE 3
153+HOLDER TO SELL AT RE TAIL BEER, WINE, AND LIQUOR IN APPROV ED TO–GO CUPS 4
154+THAT MAY BE CARRIED OUTSID E THE LICENSED ESTAB LISHMENT AND INTO TH E 5
155+DESIGNATED SPECIAL E VENT AREA. 6
156+
157+32–1104. 7
158+
159+ (A) THERE IS A TEMPORARY TO–GO EVENT PERMIT. 8
160+
161+ (B) THE BOARD MAY ISSUE THE PERMIT TO A HOLDER O F A CLASS B BEER, 9
162+WINE, AND LIQUOR LICENSE IF THE LICENSED ESTA BLISHMENT IS LOCATED WITHIN 10
163+OR IMMEDIATELY ADJAC ENT TO A SPECIAL EVE NT AREA IDENTIFIED I N AND FOR 11
164+USE IN CONJUNCTION W ITH A CLASS C PER DIEM MUNICIPAL TO–GO BEER, WINE, 12
165+AND LIQUOR LICENSE . 13
166+
167+ (C) THE PERMIT AUTHORIZES THE HOL DER TO SELL AT RETAI L BEER, WINE, 14
168+AND LIQUOR IN APPROV ED TO–GO CUPS THAT MAY BE CARRIED OUTSIDE THE 15
169+LICENSED ESTABLISHME NT OF THE CLASS B LICENSE AND INTO THE DESIGNATED 16
170+SPECIAL EVENT AREA . 17
171+
172+ (D) THE PERMIT HOLDER SHALL BE RESP ONSIBLE FOR COMPLYING WITH 18
173+ALL APPLICABLE LAWS AND REGULATIONS . 19
174+
175+ (E) THE TERM OF THE PERMIT IS THE SAME A S THE TERM OF THE 20
176+ASSOCIATED CLASS C PER DIEM MUNICIPAL T O–GO BEER, WINE, AND LIQUOR 21
177+LICENSE. 22
178+
179+ (F) THE BOARD SHALL ADOPT REGULATIONS RE LATED TO THE ISSUANC E 23
180+OF AND REQUIREMENTS FOR THE PERMIT, INCLUDING REGULATION S RELATED TO: 24
181+
182+ (1) THE DESIGNATION OF A SPECIAL EVENT AREA ; 25
183+
184+ (2) THE HOURS OF SALE ; 26
185+
186+ (3) AGE VERIFICATION REQ UIREMENTS; 27
187+
188+ (4) THE USE OF SPECIFIED TO–GO CUPS; AND 28
189+
190+ (5) ADVERTISING, POSTING OF NOTICE , AND PUBLIC HEARING 29
191+REQUIREMENTS FOR THE TEMPORARY TO –GO EVENT PERMIT . 30 HOUSE BILL 655 5
240192
241193
242194
243-Approved:
244-________________________________________________________________________________
245- Governor.
246-________________________________________________________________________________
247- Speaker of the House of Delegates.
248-________________________________________________________________________________
249- President of the Senate.
195+ (G) THE FEE FOR THE PERMI T IS $20 PER DAY. 1
196+
197+32–1314. 2
198+
199+ (A) THERE IS A CLASS C PER DIEM MUNICIPAL TO–GO BEER, WINE, AND 3
200+LIQUOR LICENSE . 4
201+
202+ (B) THE LICENSE ENTITLES THE LICENSE HOLDER T O ALLOW BEER, WINE, 5
203+AND LIQUOR SOLD BY A HOLDER OF A TEMPORARY TO –GO EVENT PERMIT UNDER § 6
204+32–1104 OF THIS TITLE TO ENTER A DESIGNATE D SPECIAL EVENT AREA DESCRIBED 7
205+IN THE LICENSE FOR A PERIOD NOT EXCEEDING 7 CONSECUTIVE DAYS . 8
206+
207+ (C) THE BOARD MAY ISSUE THE LICENS E TO A MUNICIPALITY IN THE 9
208+COUNTY. 10
209+
210+ (D) THE BOARD SHALL ADOPT REG ULATIONS RELATED TO THE ISSUANCE 11
211+OF AND REQUIREMENTS FOR A LICENSE UNDER THIS S ECTION, INCLUDING 12
212+REGULATIONS RELATED TO: 13
213+
214+ (1) THE DESIGNATION OF A SPECIAL EVENT AREA ; 14
215+
216+ (2) THE HOURS OF SALE ; 15
217+
218+ (3) AGE VERIFICATION REQ UIREMENTS; 16
219+
220+ (4) THE USE OF SPECIFIED TO–GO CUPS; 17
221+
222+ (5) ADVERTISING, POSTING OF NOTICE , AND PUBLIC HEARING 18
223+REQUIREMENTS FOR THE LICENSE AND ANY ASSO CIATED TEMPORARY TO –GO EVENT 19
224+PERMIT; AND 20
225+
226+ (6) PUBLIC SAFETY AND EV ENT SECURITY REQUIRE MENTS. 21
227+
228+ (E) THE FEE FOR THE LICENSE IS $45 PER DAY. 22
229+
230+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
231+1, 2025. 24