Maryland 2025 Regular Session

Maryland House Bill HB784 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.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0784*
109
1110 HOUSE BILL 784
12-A2 (5lr2970)
13-ENROLLED BILL
14-— Economic Matters/Finance —
15-Introduced by Delegates Clippinger, Edelson, and R. Lewis
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at __ ______________________ o’clock, ________M.
27-
28-______________________________________________
29-Speaker.
11+A2 5lr2970
12+ CF SB 662
13+By: Delegates Clippinger, Edelson, and R. Lewis
14+Introduced and read first time: January 29, 2025
15+Assigned to: Economic Matters
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 6, 2025
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
35-Baltimore City – 46th Alcoholic Beverages District – Alcoholic Beverages 2
36-Licenses – Alterations 3
24+Baltimore City – 46th Alcoholic Beverages District – Licenses 2
3725
38-FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 4
39-provide a certain waiver from certain requirements for a restaurant within a certain 5
40-bounded area in the 46th alcoholic beverages district; expanding the class of license 6
41-to which a certain requirement for a memorandum of understanding applies to 7
42-include any alcoholic beverages license in Baltimore City; requiring a memorandum 8
43-of understanding between a certain licensee and a community association within a 9
44-certain bounded area in the 46th alcoholic beverages district before the Board of 10
45-License Commissioners for Baltimore City may issue a license in or transfer a license 11
46-to the bounded area; extending for a certain amount of time the expiration of a 12
47-certain license licenses in the 46th alcoholic beverages district for the purpose of 13
48-transfer; providing an exception to a certain prohibition against the Board allowing 14 2 HOUSE BILL 784
26+FOR the purpose of requiring a memorandum of understanding between a certain licensee 3
27+and a community association within a certain bounded area in the 46th alcoholic 4
28+beverages district before the Board of License Commissioners for Baltimore City may 5
29+issue a license in or transfer a license to the bounded area; extending for a certain 6
30+amount of time the expiration of a certain license in the 46th alcoholic beverages 7
31+district for the purpose of transfer; and generally relating to alcoholic beverages 8
32+licenses in Baltimore City. 9
4933
34+BY repealing and reenacting, without amendments, 10
35+ Article – Alcoholic Beverages and Cannabis 11
36+Section 12–102 12
37+ Annotated Code of Maryland 13
38+ (2024 Replacement Volume) 14
5039
51-a certain license transfer under certain circumstances; and generally relating to 1
52-alcoholic beverages licenses in Baltimore City. 2
40+BY repealing and reenacting, with amendments, 15
41+ Article – Alcoholic Beverages and Cannabis 16
42+Section 12–1605(b)(5) 17
43+ Annotated Code of Maryland 18
44+ (2024 Replacement Volume) 19
5345
54-BY repealing and reenacting, without amendments, 3
55- Article – Alcoholic Beverages and Cannabis 4
56-Section 12–102 5
57- Annotated Code of Maryland 6
58- (2024 Replacement Volume) 7
59-
60-BY repealing and reenacting, with amendments, 8
61- Article – Alcoholic Beverages and Cannabis 9
62-Section 12–104, 12–1406(b), and 12–1605(b)(5) 10
63- Annotated Code of Maryland 11
64- (2024 Replacement Volume) 12
65-
66-BY repealing and reenacting, with amendments, 13
67-Chapter 1026 of the Acts of the General Assembly of 2024 14
68-Section 2 15
69-
70-BY repealing and reenacting, with amendments, 16
71-Chapter 1027 of the Acts of the General Assembly of 2024 17
72-Section 2 18
73-
74- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
75-That the Laws of Maryland read as follows: 20
76-
77-Article – Alcoholic Beverages and Cannabis 21
78-
79-12–102. 22
80-
81- This title applies only in Baltimore City. 23
82-
83-12–104. 24
84-
85- (a) To be considered a restaurant, an establishment shall meet the requirements of 25
86-this section. 26
87-
88- (b) An establishment shall have average daily receipts from the sale of food that 27
89-are at least 40% of its total daily receipts. 28
90-
91- (c) The Board may not consider as food an ingredient or a garnish used with or 29
92-mixed with an alcoholic beverage that is prepared and served for on–premises consumption. 30
93-
94- (d) (1) The Board may waive the food requirement specified under subsection 31
95-(b) of this section for a restaurant: 32
96- HOUSE BILL 784 3
97-
98-
99- (I) owned and operated by a nonprofit organization in the area 1
100-bounded by South Ellwood Avenue on the west, Bank Street on the north, South Bouldin 2
101-Street on the east, and Fleet Street on the south; OR 3
102-
103- (II) OPERATED IN THE AREA BOUNDED BY SOUTH EDEN STREET 4
104-ON THE WEST, BANK STREET ON THE NORTH , SOUTH SPRING STREET ON THE EAST , 5
105-AND EASTERN AVENUE ON THE SOUTH . 6
106-
107- (2) For a license that meets the qualifications under paragraph (1) of this 7
108-subsection, the Board may approve an expansion of the licensed premises onto a 8
109-noncontiguous property with a second separate use permit issued by the City, if the second 9
110-separate use permit specifically refers to the alcoholic beverages license at the primary 10
111-location. 11
112-
113-12–1406. 12
114-
115- (b) If a community association and an applicant for the issuance or renewal of [a 13
116-Class B, B–D–7, or D] AN alcoholic beverages license have entered into a memorandum of 14
117-understanding that expressly acknowledges the authority of the Board under this article, the 15
118-Board may make the issuance or renewal of the license conditional on the substantial 16
119-compliance of the applicant with the memorandum of understanding. 17
120-
121-12–1605. 18
122-
123- (b) (5) For an establishment that is within 300 feet of the nearest point of a 19
124-place of worship or school, the Board may issue a license in or approve the transfer of a 20
125-license into the area specified in paragraph (1)(ii)6 of this subsection only if the license 21
126-holder has received a letter of support from [a] THE place of worship or school that is within 22
127-the bounded area AND HAS ENTERED INTO A MEMORANDUM OF UNDE RSTANDING 23
128-WITH A COMMUNITY ASS OCIATION THAT IS WIT HIN THE BOUNDED AREA . 24
129-
130-Chapter 1026 of the Acts of 2024 25
131-
132- SECTION 2. AND BE IT FURTHER ENACTED, That: 26
133-
134- (a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 27
135-Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 28
136-shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 29
137-transfer of ownership at the same location. 30
138-
139- (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 31
140-Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 32
141-Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 33
142-license holder meets each requirement in § 12–1604.1 except for the requirement to 34
143-maintain average daily receipts from the sale of food that are at least 51% of the total daily 35
144-receipts. 36 4 HOUSE BILL 784
46+BY repealing and reenacting, with amendments, 20
47+Chapter 1026 of the Acts of the General Assembly of 2024 21
48+Section 2 22 2 HOUSE BILL 784
14549
14650
14751
148- (3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 1
149-Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 2
150-shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 3
151-transfer of ownership and transfer of location to a premises in the 600 block of South 4
152-Caroline Street. 5
52+BY repealing and reenacting, with amendments, 1
53+Chapter 1027 of the Acts of the General Assembly of 2024 2
54+Section 2 3
15355
154- (4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 6
155-Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 7
156-shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 8
157-completing a transfer of ownership and a transfer of location to a premises in the 3600 block 9
158-of Boston Street. 10
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57+That the Laws of Maryland read as follows: 5
15958
160- (ii) If a Class B license transferred to the 3600 block of Boston Street 11
161-under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 12
162-the license holder may apply to the Board to convert the Class B license back to a Class 13
163-B–D–7 license. 14
59+Article – Alcoholic Beverages and Cannabis 6
16460
165- (5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 15
166-Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 16
167-Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 17
168-renewed to the current license year by the licensee. 18
61+12–102. 7
16962
170- (b) The Board may not authorize the transfer of a license in ward 24, precinct 5 19
171-to a person or a location that has received and retained funding awarded under a legislative 20
172-bond initiative. 21
63+ This title applies only in Baltimore City. 8
17364
174-Chapter 1027 of the Acts of 2024 22
65+12–1605. 9
17566
176- SECTION 2. AND BE IT FURTHER ENACTED, That: 23
67+ (b) (5) For an establishment that is within 300 feet of the nearest point of a 10
68+place of worship or school, the Board may issue a license in or approve the transfer of a 11
69+license into the area specified in paragraph (1)(ii)6 of this subsection only if the license 12
70+holder has received a letter of support from [a] THE place of worship or school that is within 13
71+the bounded area AND HAS ENTERED INTO A MEMORANDUM OF UNDERSTANDING 14
72+WITH A COMMUNITY ASS OCIATION THAT IS WITHIN THE B OUNDED AREA . 15
17773
178- (a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 24
179-Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 25
180-shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 26
181-transfer of ownership at the same location. 27
74+Chapter 1026 of the Acts of 2024 16
18275
183- (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 28
184-Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 29
185-Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 30
186-license holder meets each requirement in § 12–1604.1 except for the requirement to 31
187-maintain average daily receipts from the sale of food that are at least 51% of the total daily 32
188-receipts. 33
76+ SECTION 2. AND BE IT FURTHER ENACTED, That: 17
18977
190- (3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 34
191-Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 35
192-shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 36 HOUSE BILL 784 5
78+ (a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 18
79+Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 19
80+shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 20
81+transfer of ownership at the same location. 21
82+
83+ (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 22
84+Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 23
85+Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 24
86+license holder meets each requirement in § 12–1604.1 except for the requirement to 25
87+maintain average daily receipts from the sale of food that are at least 51% of the total daily 26
88+receipts. 27
89+
90+ (3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 28
91+Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 29
92+shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 30
93+transfer of ownership and transfer of location to a premises in the 600 block of South 31
94+Caroline Street. 32
95+
96+ (4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 33
97+Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 34 HOUSE BILL 784 3
19398
19499
195-transfer of ownership and transfer of location to a premises in the 600 block of South 1
196-Caroline Street. 2
100+shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 1
101+completing a transfer of ownership and a transfer of location to a premises in the 3600 block 2
102+of Boston Street. 3
197103
198- (4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 3
199-Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 4
200-shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 5
201-completing a transfer of ownership and a transfer of location to a premises in the 3600 block 6
202-of Boston Street. 7
104+ (ii) If a Class B license transferred to the 3600 block of Boston Street 4
105+under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 5
106+the license holder may apply to the Board to convert the Class B license back to a Class 6
107+B–D–7 license. 7
203108
204- (ii) If a Class B license transferred to the 3600 block of Boston Street 8
205-under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 9
206-the license holder may apply to the Board to convert the Class B license back to a Class 10
207-B–D–7 license. 11
109+ (5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 8
110+Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 9
111+Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 10
112+renewed to the current license year by the licensee. 11
208113
209- (5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 12
210-Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 13
211-Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 14
212-renewed to the current license year by the licensee. 15
114+ (b) The Board may not authorize the transfer of a license in ward 24, precinct 5 12
115+to a person or a location that has received and retained funding awarded under a legislative 13
116+bond initiative. 14
213117
214- (b) The Board may not authorize the transfer of a license in ward 24, precinct 5 16
215-to a person or a location that has received and retained funding awarded under a legislative 17
216-bond initiative. 18
118+Chapter 1027 of the Acts of 2024 15
217119
218- SECTION 2. AND BE IT FURTHER ENACTED, That: 19
120+ SECTION 2. AND BE IT FURTHER ENACTED, That: 16
219121
220- (a) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis Article, 20
221-a Class D 6–day beer, wine, and liquor license issued for a premises on the 200 block of East 21
222-Lexington Street shall be considered unexpired until the end of June 30, 2026, for the 22
223-purpose of completing a transfer of ownership at the same location, provided the license 23
224-holder received a letter of support from the Downtown Partnership of Baltimore. 24
122+ (a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 17
123+Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 18
124+shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 19
125+transfer of ownership at the same location. 20
225126
226- (b) (1) Notwithstanding §§ 12–1703 and 12–1705 of the Alcoholic Beverages 25
227-and Cannabis Article, five Class B beer, wine, and liquor licenses issued for restaurant 26
228-premises at Harborplace and expired between January 1, 2021, and January 1, 2025, shall 27
229-be considered unexpired until the end of June 30, 2030, for the purpose of completing a 28
230-transfer of ownership at the same location. 29
127+ (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 21
128+Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 22
129+Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 23
130+license holder meets each requirement in § 12–1604.1 except for the requirement to 24
131+maintain average daily receipts from the sale of food that are at least 51% of the total daily 25
132+receipts. 26
231133
232- (2) Notwithstanding § 12–1703 of the Alcoholic Beverages and Cannabis 30
233-Article, the most recent license holder shall retain liability for any unpaid personal property 31
234-taxes due to Baltimore City or to the State. 32
134+ (3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 27
135+Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 28
136+shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 29
137+transfer of ownership and transfer of location to a premises in the 600 block of South 30
138+Caroline Street. 31
235139
236- (3) The Board may not: 33
237-
238- (i) require a Class B beer, wine, and liquor license issued under this 34
239-subsection: 35
240-
241- 1. to have a minimum capital investment; or 36 6 HOUSE BILL 784
140+ (4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 32
141+Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 33
142+shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 34
143+completing a transfer of ownership and a transfer of location to a premises in the 3600 block 35
144+of Boston Street. 36
145+ 4 HOUSE BILL 784
242146
243147
148+ (ii) If a Class B license transferred to the 3600 block of Boston Street 1
149+under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 2
150+the license holder may apply to the Board to convert the Class B license back to a Class 3
151+B–D–7 license. 4
244152
245- 2. to maintain a minimum or maximum seating amount; 1
153+ (5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 5
154+Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 6
155+Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 7
156+renewed to the current license year by the licensee. 8
246157
247- (ii) authorize the transfer of a license issued under this subsection to 2
248-another location; and 3
158+ (b) The Board may not authorize the transfer of a license in ward 24, precinct 5 9
159+to a person or a location that has received and retained funding awarded under a legislative 10
160+bond initiative. 11
249161
250- (iii) require the most recent license holder to complete a Transfer 4
251-Authorization or Affidavit of Compliance to complete a transfer of ownership in accordance 5
252-with this subsection. 6
253-
254- (4) At the end of June 30, 2030, a Class B beer, wine, and liquor license 7
255-issued under this subsection shall expire and be nonrenewable. 8
256-
257- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
258-June 1, 2025. Section 2 of this Act shall remain effective for a period of 5 years and 1 month 10
259-and, at the end of June 30, 2030, Section 2 of this Act, with no further action required by the 11
260-General Assembly, shall be abrogated and of no further force and effect. 12
261-
162+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 12
163+1, 2025. 13
262164
263165
264166
265167 Approved:
266168 ________________________________________________________________________________
267169 Governor.
268170 ________________________________________________________________________________
269171 Speaker of the House of Delegates.
270172 ________________________________________________________________________________
271173 President of the Senate.