Maryland 2025 Regular Session

Maryland Senate Bill SB662 Compare Versions

OldNewDifferences
11
22
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 *sb0662*
109
1110 SENATE BILL 662
12-A2 (5lr3069)
13-ENROLLED BILL
14-— Finance/Economic Matters —
15-Introduced by Senator Ferguson
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-President.
11+A2 5lr3069
12+ CF HB 784
13+By: Senator Ferguson
14+Introduced and read first time: January 25, 2025
15+Assigned to: Finance
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 16, 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; authorizing the Board to 8
43-issue a certain alcoholic beverages license for a certain location in the 40th alcoholic 9
44-beverages district; requiring a memorandum of understanding between a certain 10
45-licensee and a community association within a certain bounded area in the 46th 11
46-alcoholic beverages district before the Board of License Commissioners for Baltimore 12
47-City may issue a license in or transfer a license to the bounded area; extending for a 13
48-certain amount of time the expiration of a certain license licenses in the 46th 14
49-alcoholic beverages district for the purpose of transfer; providing an exception to a 15 2 SENATE BILL 662
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
33+
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
39+
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
45+
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 SENATE BILL 662
5049
5150
52-certain prohibition against the Board allowing a certain license transfer under 1
53-certain circumstances; and generally relating to alcoholic beverages licenses in 2
54-Baltimore City. 3
5551
56-BY repealing and reenacting, without amendments, 4
57- Article – Alcoholic Beverages and Cannabis 5
58-Section 12–102 and 12–1603(a) and (b) 6
59- Annotated Code of Maryland 7
60- (2024 Replacement Volume) 8
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
6155
62-BY repealing and reenacting, with amendments, 9
63- Article – Alcoholic Beverages and Cannabis 10
64-Section 12–104, 12–1406(b), 12–1603(c)(17) and (18), and 12–1605(b)(5) 11
65- Annotated Code of Maryland 12
66- (2024 Replacement Volume) 13
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57+That the Laws of Maryland read as follows: 5
6758
68-BY adding to 14
69- Article – Alcoholic Beverages and Cannabis 15
70- Section 12–1603(c)(19) 16
71- Annotated Code of Maryland 17
72- (2024 Replacement Volume) 18
59+Article – Alcoholic Beverages and Cannabis 6
7360
74-BY repealing and reenacting, with amendments, 19
75-Chapter 1026 of the Acts of the General Assembly of 2024 20
76-Section 2 21
61+12–102. 7
7762
78-BY repealing and reenacting, with amendments, 22
79-Chapter 1027 of the Acts of the General Assembly of 2024 23
80-Section 2 24
63+ This title applies only in Baltimore City. 8
8164
82- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
83-That the Laws of Maryland read as follows: 26
65+12–1605. 9
8466
85-Article – Alcoholic Beverages and Cannabis 27
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 UNDE RSTANDING 14
72+WITH A COMMUNITY ASS OCIATION THAT IS WIT HIN THE BOUNDED AREA . 15
8673
87-12–102. 28
74+Chapter 1026 of the Acts of 2024 16
8875
89- This title applies only in Baltimore City. 29
76+ SECTION 2. AND BE IT FURTHER ENACTED, That: 17
9077
91-12–104. 30
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
9282
93- (a) To be considered a restaurant, an establishment shall meet the requirements of 31
94-this section. 32
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
9589
96- (b) An establishment shall have average daily receipts from the sale of food that 33
97-are at least 40% of its total daily receipts. 34
98- SENATE BILL 662 3
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 SENATE BILL 662 3
9998
10099
101- (c) The Board may not consider as food an ingredient or a garnish used with or 1
102-mixed with an alcoholic beverage that is prepared and served for on–premises consumption. 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
103103
104- (d) (1) The Board may waive the food requirement specified under subsection 3
105-(b) of this section for a restaurant: 4
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
106108
107- (I) owned and operated by a nonprofit organization in the area 5
108-bounded by South Ellwood Avenue on the west, Bank Street on the north, South Bouldin 6
109-Street on the east, and Fleet Street on the south; OR 7
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
110113
111- (II) OPERATED IN THE AREA BOUNDED BY SOUTH EDEN STREET 8
112-ON THE WEST, BANK STREET ON THE NORTH , SOUTH SPRING STREET ON THE EAST , 9
113-AND EASTERN AVENUE ON THE SOUTH. 10
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
114117
115- (2) For a license that meets the qualifications under paragraph (1) of this 11
116-subsection, the Board may approve an expansion of the licensed premises onto a 12
117-noncontiguous property with a second separate use permit issued by the City, if the second 13
118-separate use permit specifically refers to the alcoholic beverages license at the primary 14
119-location. 15
118+Chapter 1027 of the Acts of 2024 15
120119
121-12–1406. 16
120+ SECTION 2. AND BE IT FURTHER ENACTED, That: 16
122121
123- (b) If a community association and an applicant for the issuance or renewal of [a 17
124-Class B, B–D–7, or D] AN alcoholic beverages license have entered into a memorandum of 18
125-understanding that expressly acknowledges the authority of the Board under this article, the 19
126-Board may make the issuance or renewal of the license conditional on the substantial 20
127-compliance of the applicant with the memorandum of understanding. 21
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
128126
129-12–1603. 22
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
130133
131- (a) The alcoholic beverages districts described in this section at all times are 23
132-coterminous with the legislative districts in the Legislative Districting Plan of 2022. 24
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
133139
134- (b) Except as provided in subsection (c) of this section, the Board may not issue a 25
135-new license in: 26
136-
137- (1) the 40th alcoholic beverages district; 27
138-
139- (2) the 41st alcoholic beverages district; 28
140-
141- (3) the 43rd alcoholic beverages district; 29
142-
143- (4) the 44th alcoholic beverages district; and 30
144-
145- (5) the 45th alcoholic beverages district. 31
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
146145 4 SENATE BILL 662
147146
148147
149- (c) The Board may issue: 1
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
150152
151- (17) a Class A–7 beer, wine, and liquor license in the 1200 block of West North 2
152-Avenue in the 40th alcoholic beverages district, if: 3
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
153157
154- (i) the applicant executes a memorandum of understanding with the 4
155-Penn North Community Association; 5
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
156161
157- (ii) alcoholic beverages are sold only as part of a gift basket or floral 6
158-arrangement; and 7
159-
160- (iii) the applicant does not hold or apply for a Class BWLT beer, wine, 8
161-and liquor (on–premises) tasting license; [and] 9
162-
163- (18) a Class B beer, wine, and liquor license for a restaurant on the even side 10
164-of the 400 block of West 29th Street in the 40th alcoholic beverages district if: 11
165-
166- (i) the applicant executes a memorandum of understanding with the 12
167-Greater Remington Improvement Association; and 13
168-
169- (ii) the Board waives a minimum seating requirement under item 14
170-(1)(ii)2 of this subsection; AND 15
171-
172- (19) A CLASS C BEER, WINE, AND LIQUOR LICENSE O N THE ODD SIDE 16
173-OF THE 800 BLOCK OF NORTH HOWARD STREET IN THE 40TH ALCOHOLIC 17
174-BEVERAGES DISTRICT I F: 18
175-
176- (I) THE APPLICANT DOES N OT CONVERT THE LICEN SE TO A 19
177-DIFFERENT LICENSE CL ASS; 20
178-
179- (II) THE APPLICANT DOES N OT TRANSFER THE LICE NSE TO A 21
180-DIFFERENT LOCATION ; 22
181-
182- (III) ALCOHOLIC BEVERAGES ARE SERVED ONLY TO PATRONS 23
183-INDOORS; 24
184-
185- (IV) ALCOHOLIC BEVERAGES SALES BEGIN NOT EARL IER THAN 25
186-10 A.M. AND END NOT LATER TH AN 9 P.M.; 26
187-
188- (V) THE APPLICANT PROVID ES NOT MORE THAN TWO 12–OUNCE 27
189-OFFERINGS OF BEER , TWO 6–OUNCE OFFERINGS OF W INE BY THE GLASS , OR TWO 28
190-1.5–OUNCE OFFERINGS OF LI QUOR FOR ON–PREMISES CONSUMPTION BY A PATRON 29
191-WHILE THE PATRON IS PROVIDED A BARBERING SERVICE REGULATED UN DER TITLE 30
192-4, SUBTITLE 5 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE; 31
193- SENATE BILL 662 5
194-
195-
196- (VI) THE BOARD WAIVES ANY REQU IREMENTS THAT SALE S CAN 1
197-BE MADE ONLY TO MEMB ERS AND THE GUESTS O F MEMBERS; AND 2
198-
199- (VII) THE APPLICANT EXECUT ES A MEMORANDUM OF 3
200-UNDERSTANDING WITH T HE MOUNT VERNON – BELVEDERE ASSOCIATION. 4
201-
202-12–1605. 5
203-
204- (b) (5) For an establishment that is within 300 feet of the nearest point of a 6
205-place of worship or school, the Board may issue a license in or approve the transfer of a 7
206-license into the area specified in paragraph (1)(ii)6 of this subsection only if the license 8
207-holder has received a letter of support from [a] THE place of worship or school that is within 9
208-the bounded area AND HAS ENTERED INTO A MEMORANDUM OF UNDE RSTANDING 10
209-WITH A COMMUNITY ASS OCIATION THAT IS WIT HIN THE BOUNDED AREA . 11
210-
211-Chapter 1026 of the Acts of 2024 12
212-
213- SECTION 2. AND BE IT FURTHER ENACTED, That: 13
214-
215- (a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 14
216-Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 15
217-shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 16
218-transfer of ownership at the same location. 17
219-
220- (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 18
221-Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 19
222-Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 20
223-license holder meets each requirement in § 12–1604.1 except for the requirement to 21
224-maintain average daily receipts from the sale of food that are at least 51% of the total daily 22
225-receipts. 23
226-
227- (3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 24
228-Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 25
229-shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 26
230-transfer of ownership and transfer of location to a premises in the 600 block of South 27
231-Caroline Street. 28
232-
233- (4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 29
234-Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 30
235-shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 31
236-completing a transfer of ownership and a transfer of location to a premises in the 3600 block 32
237-of Boston Street. 33
238-
239- (ii) If a Class B license transferred to the 3600 block of Boston Street 34
240-under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 35 6 SENATE BILL 662
241-
242-
243-the license holder may apply to the Board to convert the Class B license back to a Class 1
244-B–D–7 license. 2
245-
246- (5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 3
247-Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 4
248-Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 5
249-renewed to the current license year by the licensee. 6
250-
251- (b) The Board may not authorize the transfer of a license in ward 24, precinct 5 7
252-to a person or a location that has received and retained funding awarded under a legislative 8
253-bond initiative. 9
254-
255-Chapter 1027 of the Acts of 2024 10
256-
257- SECTION 2. AND BE IT FURTHER ENACTED, That: 11
258-
259- (a) (1) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis 12
260-Article, a Class B–D–7 license issued for a premises on the 2800 block of O’Donnell Street 13
261-shall be considered unexpired until the end of July 1, 2024, for the purpose of completing a 14
262-transfer of ownership at the same location. 15
263-
264- (2) Notwithstanding § 12–1604.1 of the Alcoholic Beverages and Cannabis 16
265-Article, a holder of a Class D beer and light wine license on the 3200 block of Eastern 17
266-Avenue may apply to the Board to convert to a Class D beer, wine, and liquor license if the 18
267-license holder meets each requirement in § 12–1604.1 except for the requirement to 19
268-maintain average daily receipts from the sale of food that are at least 51% of the total daily 20
269-receipts. 21
270-
271- (3) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 22
272-Article, a Class B–D–7 license issued for a premises in the 1600 block of Eastern Avenue 23
273-shall be considered unexpired until the end of July 1, 2025, for the purpose of completing a 24
274-transfer of ownership and transfer of location to a premises in the 600 block of South 25
275-Caroline Street. 26
276-
277- (4) (i) Notwithstanding § 12–2202 of the Alcoholic Beverages and 27
278-Cannabis Article, a Class B license issued for a premises in the 3500 block of Boston Street 28
279-shall be considered unexpired until the end of July 1, [2025] 2028, for the purpose of 29
280-completing a transfer of ownership and a transfer of location to a premises in the 3600 block 30
281-of Boston Street. 31
282-
283- (ii) If a Class B license transferred to the 3600 block of Boston Street 32
284-under subparagraph (i) of this paragraph was originally issued as a Class B–D–7 license, 33
285-the license holder may apply to the Board to convert the Class B license back to a Class 34
286-B–D–7 license. 35
287-
288- (5) Notwithstanding § 12–2202 of the Alcoholic Beverages and Cannabis 36
289-Article, a Class B–D–7 license issued for a premises in the 600 block of South Luzerne 37 SENATE BILL 662 7
290-
291-
292-Avenue shall be considered unexpired until the end of July 1, 2025, for the purpose of being 1
293-renewed to the current license year by the licensee. 2
294-
295- (b) The Board may not authorize the transfer of a license in ward 24, precinct 5 3
296-to a person or a location that has received and retained funding awarded under a legislative 4
297-bond initiative. 5
298-
299- SECTION 2. AND BE IT FURTHER ENACTED, That: 6
300-
301- (a) Notwithstanding § 12–1705 of the Alcoholic Beverages and Cannabis Article, 7
302-a Class D 6–day beer, wine, and liquor license issued for a premises on the 200 block of East 8
303-Lexington Street shall be considered unexpired until the end of June 30, 2026, for the 9
304-purpose of completing a transfer of ownership at the same location, provided the license 10
305-holder received a letter of support from the Downtown Partnership of Baltimore. 11
306-
307- (b) (1) Notwithstanding §§ 12–1703 and 12–1705 of the Alcoholic Beverages 12
308-and Cannabis Article, five Class B beer, wine, and liquor licenses issued for restaurant 13
309-premises at Harborplace and expired between January 1, 2021, and January 1, 2025, shall 14
310-be considered unexpired until the end of June 30, 2030, for the purpose of completing a 15
311-transfer of ownership at the same location. 16
312-
313- (2) Notwithstanding § 12–1703 of the Alcoholic Beverages and Cannabis 17
314-Article, the most recent license holder shall retain liability for any unpaid personal property 18
315-taxes due to Baltimore City or to the State. 19
316-
317- (3) The Board may not: 20
318-
319- (i) require a Class B beer, wine, and liquor license issued under this 21
320-subsection: 22
321-
322- 1. to have a minimum capital investment; or 23
323-
324- 2. to maintain a minimum or maximum seating amount; 24
325-
326- (ii) authorize the transfer of a license issued under this subsection to 25
327-another location; and 26
328-
329- (iii) require the most recent license holder to complete a Transfer 27
330-Authorization or Affidavit of Compliance to complete a transfer of ownership in accordance 28
331-with this subsection. 29
332-
333- (4) At the end of June 30, 2030, a Class B beer, wine, and liquor license 30
334-issued under this subsection shall expire and be nonrenewable. 31
335-
336- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
337-June 1, 2025. Section 2 of this Act shall remain effective for a period of 5 years and 1 month 33 8 SENATE BILL 662
338-
339-
340-and, at the end of June 30, 2030, Section 2 of this Act, with no further action required by the 1
341-General Assembly, shall be abrogated and of no further force and effect. 2
162+ SECTION 2. AND BE IT FURTHER ENACTE D, That this Act shall take effect June 12
163+1, 2025. 13
342164
343165
344166
345167
346168 Approved:
347169 ________________________________________________________________________________
348170 Governor.
349171 ________________________________________________________________________________
350172 President of the Senate.
351173 ________________________________________________________________________________
352174 Speaker of the House of Delegates.