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.
*sb0798*
SENATE BILL 798
A2 5lr2718
CF HB 655
By: Wicomico County Senators
Introduced and read first time: January 28, 2025
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted
Read second time: February 16, 2025
CHAPTER ______
AN ACT concerning 1
Wicomico County – Alcoholic Beverages – Temporary To–Go Event Permit and 2
Class C Per Diem Municipal To–Go Beer, Wine, and Liquor License 3
FOR the purpose of establishing a temporary to–go event permit in Wicomico County; 4
authorizing the Board of License Commissioners for Wicomico County to issue a 5
temporary to–go event permit to a holder of a Class B beer, wine, and liquor license 6
under certain circumstances; establishing a Class C per diem municipal to–go beer, 7
wine, and liquor license in the county; authorizing the Board to issue a Class C per 8
diem municipal to–go beer, wine, and liquor license to a municipality in the county; 9
requiring the Board to adopt certain regulations; and generally relating to alcoholic 10
beverages in Wicomico County. 11
BY repealing and reenacting, without amendments, 12
Article – Alcoholic Beverages and Cannabis 13
Section 32–102 and 32–902(a), (b), (c), (g), and (h) 14
Annotated Code of Maryland 15
(2024 Replacement Volume) 16
BY adding to 17
Article – Alcoholic Beverages and Cannabis 18
Section 32–902(i), 32–1104, and 32–1314 19
Annotated Code of Maryland 20
(2024 Replacement Volume) 21
2 SENATE BILL 798
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Alcoholic Beverages and Cannabis 3
32–102. 4
This title applies only in Wicomico County. 5
32–902. 6
(a) There is a Class B beer, wine, and liquor license. 7
(b) The Board may issue the license for use by: 8
(1) a hotel that has: 9
(i) at least 25 rooms; 10
(ii) a lobby with registration, mail desk, and seating facilities; and 11
(iii) a dining room that serves full–course meals at least twice daily; 12
or 13
(2) (i) a restaurant that: 14
1. has a proper and adequate dining room with facilities for 15
preparing and serving regular meals; 16
2. not counting seating at a bar or counter, has table seating 17
for at least 40 individuals; and 18
3. has average daily receipts from the sale of food, not 19
counting foodstuff contained in a mixed drink, that each month exceed the average daily 20
receipts from the sale of alcoholic beverages. 21
(ii) The seating requirement in item (i)1 of this item does not apply 22
to a Class B beer, wine, and liquor license holder who held the license on July 1, 1978. 23
(c) The license authorizes the license holder to sell beer, wine, and liquor at a 24
hotel or restaurant at retail at the place described in the license, for on–premises 25
consumption. 26
(g) (1) The Board may issue a wine permit to a holder of the license for use by 27
a restaurant that: 28
SENATE BILL 798 3
(i) at least 5 days per week, offers for sale and describes in a printed 1
menu: 2
1. breakfast and lunch; 3
2. breakfast and dinner; or 4
3. lunch and dinner; and 5
(ii) has an area used for the preparation and consumption of food 6
and beverages that is at least 80% of the area of the premises. 7
(2) Off–sale alcoholic beverages receipts shall be included in the calculation 8
of average daily receipts from the sale of alcoholic beverages under § 32–901(c)(2)(i)3 of this 9
subtitle. 10
(3) The wine permit authorizes the license holder to sell, at retail, at the 11
place described in the license: 12
(i) beer, wine, and liquor for on–premises consumption; and 13
(ii) wine for off–premises consumption. 14
(4) The term of the wine permit is the same as the term of the Class B 15
license. 16
(5) If the premises is open for business as a restaurant, the hours and days 17
of sale for the wine permit are: 18
(i) 10 a.m. to midnight, Monday through Saturday; and 19
(ii) 12:30 p.m. to midnight on Sunday. 20
(6) Wine sold under the wine permit may not have an alcohol content 21
greater than 15.5%. 22
(7) An applicant for the wine permit shall complete the form that the Board 23
provides. 24
(8) Advertising, posting of notice, and public hearing requirements for the 25
wine permit are the same as those for Class B licenses. 26
(9) The Board may adopt regulations to carry out this subsection, including 27
a limit on the number of wine permits to be granted. 28
(10) The annual permit fee is $1,500. 29
4 SENATE BILL 798
(h) The holder of a Class B beer, wine, and liquor restaurant license that has been 1
issued a Class 9 limited distillery license may sell products manufactured under the 2
distillery license at the place described in the Class B license in a manner consistent with 3
the underlying Class B license for on– and off–premises consumption. 4
(I) (1) THE BOARD MAY ISSUE A TEM PORARY TO–GO EVENT PERMIT 5
UNDER § 32–1104 OF THIS TITLE TO A H OLDER OF A LICENSE U NDER THIS SECT ION 6
IF THE LICENSED ESTA BLISHMENT IS LOCATED WITHIN OR IMMEDIATEL Y ADJACENT 7
TO A SPECIAL EVENT A REA IDENTIFIED IN A CLASS C PER DIEM MUNICIPAL T O–GO 8
BEER, WINE, AND LIQUOR LICENSE I SSUED UNDER § 32–1314 OF THIS TITLE. 9
(2) THE TEMPORARY TO –GO EVENT PERMI T AUTHORIZES THE 10
HOLDER TO SELL AT RE TAIL BEER, WINE, AND LIQUOR IN APPROV ED TO–GO CUPS 11
THAT MAY BE CARRIED OUTSIDE THE LICENSED ESTABLISHMENT AND IN TO THE 12
DESIGNATED SPECIAL E VENT AREA. 13
32–1104. 14
(A) THERE IS A TEMPORARY TO–GO EVENT PERMIT . 15
(B) THE BOARD MAY ISSUE THE P ERMIT TO A HOLDER OF A CLASS B BEER, 16
WINE, AND LIQUOR LICENSE I F THE LICENSED ESTAB LISHMENT IS LOCATED WITHIN 17
OR IMMEDIATELY ADJAC ENT TO A SPECIAL EVE NT AREA IDENTIFIED I N AND FOR 18
USE IN CONJUNCTION W ITH A CLASS C PER DIEM MUNICIPAL T O–GO BEER, WINE, 19
AND LIQUOR LICENSE . 20
(C) THE PERMIT AUTHORIZES THE HOLDER TO SELL A T RETAIL BEER, WINE, 21
AND LIQUOR IN APPROV ED TO–GO CUPS THAT MAY BE CARRIED OUTSIDE THE 22
LICENSED ESTABLISHME NT OF THE CLASS B LICENSE AND INTO THE DESIGNATED 23
SPECIAL EVENT A REA. 24
(D) THE PERMIT HOLDER SHA LL BE RESPONSIBLE FO R COMPLYING WITH 25
ALL APPLICABLE LAWS AND REGULATIONS . 26
(E) THE TERM OF THE PERMI T IS THE SAME AS THE TERM OF THE 27
ASSOCIATED CLASS C PER DIEM MUNICIPAL T O–GO BEER, WINE, AND LIQUOR 28
LICENSE. 29
(F) THE BOARD SHALL ADOPT REGULA TIONS RELATED TO THE ISSUANCE 30
OF AND REQUIREMENTS FOR THE PERMIT , INCLUDING REGULATION S RELATED TO: 31
(1) THE DESIGNATION OF A SPECIAL EVENT AREA ; 32
(2) THE HOURS OF SALE ; 33 SENATE BILL 798 5
(3) AGE VERIFICATION REQ UIREMENTS; 1
(4) THE USE OF SPECIF IED TO–GO CUPS; AND 2
(5) ADVERTISING, POSTING OF NOTICE , AND PUBLIC HEARING 3
REQUIREMENTS FOR THE TEMPORARY TO –GO EVENT PERMIT . 4
(G) THE FEE FOR THE PERMI T IS $20 PER DAY. 5
32–1314. 6
(A) THERE IS A CLASS C PER DIEM MUNICIPAL T O–GO BEER, WINE, AND 7
LIQUOR LICENSE. 8
(B) THE LICENSE ENTITLES THE LICENSE HOLDER T O ALLOW BEER , WINE, 9
AND LIQUOR SOLD BY A HOLDER OF A TEMPORAR Y TO–GO EVENT PERMIT UNDE R § 10
32–1104 OF THIS TITLE TO ENT ER A DESIGNATED SPEC IAL EVENT AREA DESCR IBED 11
IN THE LICENSE FOR A PERIOD NOT EXCE EDING 7 CONSECUTIVE DAYS . 12
(C) THE BOARD MAY ISSUE THE L ICENSE TO A MUNICIPA LITY IN THE 13
COUNTY. 14
(D) THE BOARD SHALL ADOPT REG ULATIONS RELATED TO THE ISSUANCE 15
OF AND REQUIREMENTS FOR A LICENSE UNDER THIS SECTION , INCLUDING 16
REGULATIONS RELATED TO: 17
(1) THE DESIGNATION OF A SPECIAL EVENT AREA ; 18
(2) THE HOURS OF SALE ; 19
(3) AGE VERIFICATION REQ UIREMENTS; 20
(4) THE USE OF SPECIFIED TO–GO CUPS; 21
(5) ADVERTISING, POSTING OF NOTICE , AND PUBLIC HEARING 22
REQUIREMENTS FOR THE LICENSE AND ANY ASSO CIATED TEMPO RARY TO–GO EVENT 23
PERMIT; AND 24
(6) PUBLIC SAFETY AND EV ENT SECURITY REQUIRE MENTS. 25
(E) THE FEE FOR THE LICEN SE IS $45 PER DAY. 26
6 SENATE BILL 798
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2025. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.