EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0770*
HOUSE BILL 770
A2 5lr3055
HB 637/24 – ECM
By: Delegates Szeliga, Jackson, Mangione, and Nawrocki
Introduced and read first time: January 29, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Baltimore County – Alcoholic Beverages – Sale or Delivery for Off–Premises 2
Consumption 3
FOR the purpose of altering the scope of a certain provision prohibiting the retail delivery 4
to a purchaser of alcoholic beverages in Baltimore County under certain 5
circumstances; providing that certain authorization for the holders of certain 6
licenses to sell alcoholic beverages for off–premises consumption in a certain manner 7
applies only if the Board of License Commissioners for Baltimore County has adopted 8
certain regulations; authorizing the holders of certain licenses in Baltimore County 9
that authorize the sale of alcoholic beverages at a restaurant or bar to sell certain 10
alcoholic beverages for off–premises consumption or delivery under certain 11
circumstances; prohibiting the Board from charging a certain license holder an 12
additional fee under certain circumstances; authorizing a local licensing board to 13
limit the quantity of alcoholic beverages sold or delivered to an individual in a single 14
transaction; and generally relating to the sale of alcoholic beverages at restaurants 15
and bars in Baltimore County. 16
BY repealing and reenacting, without amendments, 17
Article – Alcoholic Beverages and Cannabis 18
Section 4–507 and 13–102 19
Annotated Code of Maryland 20
(2024 Replacement Volume) 21
BY repealing and reenacting, with amendments, 22
Article – Alcoholic Beverages and Cannabis 23
Section 13–1901 24
Annotated Code of Maryland 25
(2024 Replacement Volume) 26
BY adding to 27
Article – Alcoholic Beverages and Cannabis 28 2 HOUSE BILL 770
Section 13–1904 1
Annotated Code of Maryland 2
(2024 Replacement Volume) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Alcoholic Beverages and Cannabis 6
4–507. 7
(a) This section does not apply to: 8
(1) the delivery of wine from a direct wine shipper to a consumer using a 9
common carrier in accordance with Title 2, Subtitle 1, Part V of this article; or 10
(2) the holder of a common carrier permit in the course of delivering 11
directly shipped wine in accordance with Title 2, Subtitle 1, Part V of this article. 12
(b) Retail delivery to a purchaser of alcoholic beverages is prohibited unless: 13
(1) a retail license holder obtains a letter of authorization from the local 14
licensing board to make deliveries; and 15
(2) the delivery is made from the licensed premises by: 16
(i) the retail license holder; 17
(ii) an employee of the retail license holder; or 18
(iii) a third–party contractor, an independent contractor, or an agent 19
that: 20
1. holds a local delivery service permit issued under § 4–1107 21
of this title; and 22
2. has contracted with the retail license holder to make 23
deliveries of alcoholic beverages. 24
13–102. 25
This title applies only in Baltimore County. 26
13–1901. 27
(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License 28
Holders”) of Division I of this article apply in the county without exception or variation: 29 HOUSE BILL 770 3
(1) § 4–502 (“Storage of alcoholic beverages”); 1
(2) § 4–503 (“Solicitations and sales outside of licensed premises”); 2
(3) § 4–505 (“Alcohol awareness program”); 3
(4) § 4–506 (“Evidence of purchaser’s age”); AND 4
[(5) § 4–507 (“Retail delivery of alcoholic beverages”); and] 5
[(6)] (5) § 4–508 (“Display of license”). 6
(b) THE FOLLOWING SECTION S OF TITLE 4, SUBTITLE 5 (“CONDUCT OF 7
LOCAL LICENSE HOLDER”) OF DIVISION I OF THIS ARTICLE APPLY I N THE COUNTY: 8
(1) [Section] § 4–504 (“Employment of underage individuals”) [of Division 9
I of this article applies in the county], in addition to § 13–1902 of this subtitle; AND 10
(2) § 4–507 (“RETAIL DELIVERY OF AL COHOLIC BEVERAGES”), 11
SUBJECT TO § 13–1904 OF THIS SUBTITLE . 12
13–1904. 13
(A) (1) THIS SECTION APPLIES ONLY IF THE BOARD HAS ADOPTED 14
REGULATIONS TO AUTHO RIZE THE SALE OR DEL IVERY OF ALCOHOLIC B EVERAGES 15
FOR OFF–PREMISES CONSUMPTION IN ACCORDANCE WITH T HIS SECTION. 16
(2) IN CONSIDERING WHETHE R TO ADOPT REGULATIO NS UNDER THIS 17
SECTION, THE BOARD SHALL CONSIDER THE P UBLIC HEALTH IMPACTS OF THE SALE 18
OR DELIVERY OF ALCOH OLIC BEVERAGES FOR O FF–PREMISES CONSUMPTION . 19
(B) (1) THIS SUBSECTION APPLI ES ONLY TO A CLASS B OR CLASS D 20
LICENSE THAT AUTHORI ZES THE SALE OF ALCO HOLIC BEVERAGES FOR 21
ON–PREMISES AND OFF –PREMISES CONSUMPTION AT A RESTAURANT OR BAR. 22
(2) A LICENSE HOLDER UNDER THIS SUBSECTION MAY OBTAIN A 23
PERMIT FROM THE BOARD THAT AUTHORIZES THE HOLDER TO SELL, IF 24
AUTHORIZED UNDER THE HOLDER’S LICENSE, MIXED DRINKS OR COCK TAILS IN 25
SEALED OR CLOSED CON TAINERS FOR OFF–PREMISES CONSUMPTION OR DELIVERY 26
IF: 27
(I) THE MIXED DRINK OR C OCKTAIL IS PURCHASED ALONG 28
WITH PREPARED FOOD O THER THAN PREPACKAGE D SNACKS; 29
4 HOUSE BILL 770
(II) THE INDIVIDUAL PURCH ASING THE MIXED DRIN K OR 1
COCKTAIL: 2
1. IS AT LEAST 21 YEARS OLD; 3
2. PROVIDES VALID IDENT IFICATION AS PROOF O F AGE; 4
AND 5
3. IF THE SALE IS FOR D ELIVERY, PROVIDES ANY 6
DOCUMENTATION THAT T HE BOARD REQUIRES; 7
(III) EACH MIXED DRINK OR COCKTAIL SOLD FOR OF F–PREMISES 8
CONSUMPTION OR DELIV ERY IS: 9
1. PROVIDED IN THE MANU FACTURER’S ORIGINAL 10
SEALED CONTAINER OR IN A CONTAINER CLOSE D WITH A CAP, CORK, SEAL, OR LID 11
WITH NO HOLES FOR ST RAWS OR SIPPING ; AND 12
2. SOLD OR DELIVERED NOT LATER THAN 11 P.M.; 13
(IV) THE DELIVERY OF AN A LCOHOLIC BEVERAGE IS MADE FROM 14
THE LICENSED PREMISE S TO THE INDIVIDUAL PURCHASING THE ALCOH OLIC 15
BEVERAGE BY THE LICE NSE HOLDER OR THE LI CENSE HOLDER ’S EMPLOYEE WHO IS 16
AT LEAST 21 YEARS OLD AND CERTIFIED IN AN ALCO HOL AWARENESS PROGRA M; 17
AND 18
(V) THE MIXED DRINK OR C OCKTAIL IS NOT DELIV ERED TO: 19
1. ANOTHER PREMISES LIC ENSED TO SELL ALCOHO LIC 20
BEVERAGES; OR 21
2. AN ADDRESS LOCATED O UTSIDE THE COUNTY. 22
(C) THE BOARD: 23
(1) MAY NOT CHARGE A LICENSE HOL DER AN ADDITIONAL FE E FOR 24
SELLING OR DELIVERIN G ALCOHOLIC BEVERAGE S IN ACCORDANCE WITH THIS 25
SECTION; AND 26
(2) MAY LIMIT THE QUANTI TY OF ALCOHOLIC BEVE RAGES THAT MAY 27
BE SOLD OR DELIVERED UNDER THIS SECTION T O AN INDIVIDUAL IN A SINGLE 28
TRANSACTION . 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2025. 31