EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb0784*
HOUSE BILL 784
A2 (5lr2970)
ENROLLED BILL
— Economic Matters/Finance —
Introduced by Delegates Clippinger, Edelson, and R. Lewis
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Baltimore City – 46th Alcoholic Beverages District – Alcoholic Beverages 2
Licenses – Alterations 3
FOR the purpose of authorizing the Board of License Commissioners for Baltimore City to 4
provide a certain waiver from certain requirements for a restaurant within a certain 5
bounded area in the 46th alcoholic beverages district; expanding the class of license 6
to which a certain requirement for a memorandum of understanding applies to 7
include any alcoholic beverages license in Baltimore City; requiring a memorandum 8
of understanding between a certain licensee and a community association within a 9
certain bounded area in the 46th alcoholic beverages district before the Board of 10
License Commissioners for Baltimore City may issue a license in or transfer a license 11
to the bounded area; extending for a certain amount of time the expiration of a 12
certain license licenses in the 46th alcoholic beverages district for the purpose of 13
transfer; providing an exception to a certain prohibition against the Board allowing 14 2 HOUSE BILL 784
a certain license transfer under certain circumstances; and generally relating to 1
alcoholic beverages licenses in Baltimore City. 2
BY repealing and reenacting, without amendments, 3
Article – Alcoholic Beverages and Cannabis 4
Section 12–102 5
Annotated Code of Maryland 6
(2024 Replacement Volume) 7
BY repealing and reenacting, with amendments, 8
Article – Alcoholic Beverages and Cannabis 9
Section 12–104, 12–1406(b), and 12–1605(b)(5) 10
Annotated Code of Maryland 11
(2024 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Chapter 1026 of the Acts of the General Assembly of 2024 14
Section 2 15
BY repealing and reenacting, with amendments, 16
Chapter 1027 of the Acts of the General Assembly of 2024 17
Section 2 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Alcoholic Beverages and Cannabis 21
12–102. 22
This title applies only in Baltimore City. 23
12–104. 24
(a) To be considered a restaurant, an establishment shall meet the requirements of 25
this section. 26
(b) An establishment shall have average daily receipts from the sale of food that 27
are at least 40% of its total daily receipts. 28
(c) The Board may not consider as food an ingredient or a garnish used with or 29
mixed with an alcoholic beverage that is prepared and served for on–premises consumption. 30
(d) (1) The Board may waive the food requirement specified under subsection 31
(b) of this section for a restaurant: 32
HOUSE BILL 784 3
(I) owned and operated by a nonprofit organization in the area 1
bounded by South Ellwood Avenue on the west, Bank Street on the north, South Bouldin 2
Street on the east, and Fleet Street on the south; OR 3
(II) OPERATED IN THE AREA BOUNDED BY SOUTH EDEN STREET 4
ON THE WEST, BANK STREET ON THE NORTH , SOUTH SPRING STREET ON THE EAST , 5
AND EASTERN AVENUE ON THE SOUTH . 6
(2) For a license that meets the qualifications under paragraph (1) of this 7
subsection, the Board may approve an expansion of the licensed premises onto a 8
noncontiguous property with a second separate use permit issued by the City, if the second 9
separate use permit specifically refers to the alcoholic beverages license at the primary 10
location. 11
12–1406. 12
(b) If a community association and an applicant for the issuance or renewal of [a 13
Class B, B–D–7, or D] AN alcoholic beverages license have entered into a memorandum of 14
understanding that expressly acknowledges the authority of the Board under this article, the 15
Board may make the issuance or renewal of the license conditional on the substantial 16
compliance of the applicant with the memorandum of understanding. 17
12–1605. 18
(b) (5) For an establishment that is within 300 feet of the nearest point of a 19
place of worship or school, the Board may issue a license in or approve the transfer of a 20
license into the area specified in paragraph (1)(ii)6 of this subsection only if the license 21
holder has received a letter of support from [a] THE place of worship or school that is within 22
the bounded area AND HAS ENTERED INTO A MEMORANDUM OF UNDE RSTANDING 23
WITH A COMMUNITY ASS OCIATION THAT IS WIT HIN THE BOUNDED AREA . 24
Chapter 1026 of the Acts of 2024 25
SECTION 2. AND BE IT FURTHER ENACTED, That: 26
(a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 27
Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 28
shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 29
transfer of ownership at the same location. 30
(2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 31
Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 32
Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 33
license holder meets each requirement in § 12–1604.1 except for the requirement to 34
maintain average daily receipts from the sale of food that are at least 51% of the total daily 35
receipts. 36 4 HOUSE BILL 784
(3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 1
Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 2
shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 3
transfer of ownership and transfer of location to a premises in the 600 block of South 4
Caroline Street. 5
(4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 6
Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 7
shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 8
completing a transfer of ownership and a transfer of location to a premises in the 3600 block 9
of Boston Street. 10
(ii) If a Class B license transferred to the 3600 block of Boston Street 11
under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 12
the license holder may apply to the Board to convert the Class B license back to a Class 13
B–D–7 license. 14
(5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 15
Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 16
Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 17
renewed to the current license year by the licensee. 18
(b) The Board may not authorize the transfer of a license in ward 24, precinct 5 19
to a person or a location that has received and retained funding awarded under a legislative 20
bond initiative. 21
Chapter 1027 of the Acts of 2024 22
SECTION 2. AND BE IT FURTHER ENACTED, That: 23
(a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 24
Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 25
shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 26
transfer of ownership at the same location. 27
(2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 28
Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 29
Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 30
license holder meets each requirement in § 12–1604.1 except for the requirement to 31
maintain average daily receipts from the sale of food that are at least 51% of the total daily 32
receipts. 33
(3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 34
Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 35
shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 36 HOUSE BILL 784 5
transfer of ownership and transfer of location to a premises in the 600 block of South 1
Caroline Street. 2
(4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 3
Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 4
shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 5
completing a transfer of ownership and a transfer of location to a premises in the 3600 block 6
of Boston Street. 7
(ii) If a Class B license transferred to the 3600 block of Boston Street 8
under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 9
the license holder may apply to the Board to convert the Class B license back to a Class 10
B–D–7 license. 11
(5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 12
Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 13
Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 14
renewed to the current license year by the licensee. 15
(b) The Board may not authorize the transfer of a license in ward 24, precinct 5 16
to a person or a location that has received and retained funding awarded under a legislative 17
bond initiative. 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis Article, 20
a Class D 6–day beer, wine, and liquor license issued for a premises on the 200 block of East 21
Lexington Street shall be considered unexpired until the end of June 30, 2026, for the 22
purpose of completing a transfer of ownership at the same location, provided the license 23
holder received a letter of support from the Downtown Partnership of Baltimore. 24
(b) (1) Notwithstanding §§ 12–1703 and 12–1705 of the Alcoholic Beverages 25
and Cannabis Article, five Class B beer, wine, and liquor licenses issued for restaurant 26
premises at Harborplace and expired between January 1, 2021, and January 1, 2025, shall 27
be considered unexpired until the end of June 30, 2030, for the purpose of completing a 28
transfer of ownership at the same location. 29
(2) Notwithstanding § 12–1703 of the Alcoholic Beverages and Cannabis 30
Article, the most recent license holder shall retain liability for any unpaid personal property 31
taxes due to Baltimore City or to the State. 32
(3) The Board may not: 33
(i) require a Class B beer, wine, and liquor license issued under this 34
subsection: 35
1. to have a minimum capital investment; or 36 6 HOUSE BILL 784
2. to maintain a minimum or maximum seating amount; 1
(ii) authorize the transfer of a license issued under this subsection to 2
another location; and 3
(iii) require the most recent license holder to complete a Transfer 4
Authorization or Affidavit of Compliance to complete a transfer of ownership in accordance 5
with this subsection. 6
(4) At the end of June 30, 2030, a Class B beer, wine, and liquor license 7
issued under this subsection shall expire and be nonrenewable. 8
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
June 1, 2025. Section 2 of this Act shall remain effective for a period of 5 years and 1 month 10
and, at the end of June 30, 2030, Section 2 of this Act, with no further action required by the 11
General Assembly, shall be abrogated and of no further force and effect. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.