Maryland Alcoholic Beverages Section 6-401
§ 6-401.
(a) (1) A Class D beer, wine and liquor license shall be issued by the license issuing authority of the county in which the place of business is located. It authorizes the holder to keep for sale and sell all alcoholic beverages at retail at the place described in it, for consumption on the premises or elsewhere. A license may not be issued for any drugstore.
(2) The annual license fee shall be paid to the local collecting agent before any license is issued, for distribution as provided.
(3) In this section, "Board" means the Board of License Commissioners for the jurisdiction to which the subsection applies.
(b) In Allegany County the annual license fee is $700.
(c) (1) This subsection applies only in Anne Arundel County.
(2) There are two type Class D beer, wine and liquor licenses:
(i) A limited Class D license which allows for on premises consumption only.
(ii) A Class D license which allows for consumption on premises or elsewhere.
(3) (i) The annual license fee for a limited Class D license is $900.
(ii) The annual license fee for a Class D on- and off-sale license is $1,000.
(4) The Board, upon the filing of an application for any new Class D beer, wine and liquor license, may limit the sale of alcoholic beverages to consumption only on the premises.
(d) (1) Subject to § 11-503(b)(2) of this article, in Baltimore City the annual license fee is $687.50.
(2) In Baltimore City, the hours and days for sale for the license are as provided under § 11-503 of this article.
(e) (1) This subsection applies only in Baltimore County.
(2) The annual license fee is $1,000.
(3) The area of the licensed premises normally used for the preparation and consumption of alcoholic beverages on the premises may occupy no less than 80 percent of the square foot area. These occupancy requirements do not apply to or affect any present licensee having this license prior to December 31, 1966.
(f) (1) This subsection applies only in Calvert County.
(2) This license may be issued in the entire county.
(3) The annual license fee is $1,000.
(g) (1) This subsection applies only in Caroline County.
(2) The annual license fee is $1,250 for a 6-day license.
(3) The annual license fee is $1,600 for a 7-day license.
(4) All alcoholic beverages sold under this license must be consumed on the premises.
(5) A licensee may sell beer, wine and liquor for consumption on the premises only.
(h) This section does not apply in Carroll County.
(i) (1) This subsection applies only in Cecil County.
(2) The annual license fee is $750.
(j) (1) This subsection applies only in Charles County.
(2) The annual license fee:
(i) For on- and off-sale of all alcoholic beverages is $1,140; and
(ii) For off-sale for liquor and on- or off-sale for beer and wine is $720.
(k) This section does not apply in Dorchester County.
(l) This section does not apply in Frederick County.
(m) (1) This subsection applies only in Garrett County.
(2) (i) There are two types of Class D licenses, neither of which may be issued to any grocery store having a primary business of selling food at retail to the general public for off-premises consumption.
(ii) 1. A Class D (on-sale) license for beer, wine and liquor sales shall be issued to establishments whose total beer, wine and liquor sales constitute at least 75 percent on-premises consumption and up to 25 percent off-premises consumption.
2. A. The annual license fee is $1,500.
B. The issuing fee for a new license is $1,500, in addition to the annual fee.
(iii) 1. A Class D (off-sale) license for beer, wine and liquor sales shall be issued to establishments whose total beer, wine and liquor sales constitute at least 75 percent off-premises consumption and up to 25 percent on-premises consumption.
2. A. The annual license fee is $3,000.
B. The issuing fee for a new license is $3,000, in addition to the annual fee.
(3) (i) Until July 1, 1995, a holder of an existing Class D alcoholic beverages license prior to July 1, 1987 may apply for a license under paragraph (2) of this subsection using the procedure that the Board establishes.
(ii) If the applicant is granted a license under paragraph (2) of this subsection, the applicant may be exempt from paying the issuing fee as provided under § 9-212(c) of this article. However, the applicant shall pay:
1. The annual license fee for that license; or
2. A. An amount not less than the fee and the surcharge percent amount paid to the Board through December 31, 1986 under the former license, provided the total amount to be paid is not less than $1,250; or
B. If the applicant's former license was granted after January 1, 1986, an annualized amount based on what was paid to the Board through December 31, 1986 under the applicant's former license provided the total amount is not less than $1,250.
(n) (1) This subsection applies only in Harford County.
(2) Subject to the provisions of this subsection, the Liquor Control Board may issue only to the current holder of any Class B license:
(i) A 7-day (on-sale) Class D license for all alcoholic beverages, with an annual license fee of $3,000; or
(ii) A 7-day (on- and off-sale) Class D license for all alcoholic beverages, with an annual license fee of $4,000.
(3) The holder of a Class B license may apply for a Class D license authorized by this subsection.
(4) The Liquor Control Board has sole authority, in accordance with §§ 9-201 and 10-203 of this article, to decide the number of Class D licenses authorized by this subsection to be issued.
(5) Upon the issuance of a Class D license by the Liquor Control Board, the licensee to whom the Class D license is issued shall surrender to the Board the Class B license it held.
(6) The Liquor Control Board shall ensure that any Class D license issued under the authority of this subsection meets the requirements of § 9-213 of this article.
(7) In accordance with § 16-301(a) of this article, the Liquor Control Board shall adopt regulations to carry out this subsection.
(o) (1) This subsection applies only in Howard County.
(2) The Board may issue the following types of licenses:
(i) 1. A 7-day (on-sale) Class D beer, wine and liquor license for on-premises consumption only;
2. The annual license fee is $1,000;
(ii) 1. A 6-day (on-sale) Class D beer, wine and liquor license for on-premises consumption only;
2. The annual license fee is $600;
(iii) 1. A 7-day (on- and off-sale) Class D beer, wine and liquor license for on- and off-premises consumption;
2. The annual license fee is $1,000; or
(iv) 1. A 6-day (on- and off-sale) Class D beer, wine and liquor license for on- and off-premises consumption;
2. The annual license fee is $800.
(p) (1) This subsection applies only in Kent County.
(2) The Board may issue a Class D beer, wine and liquor license.
(3) The annual license fee is $1,500.
(4) On Sunday, a licensee may sell only beer and light wine for off-premises consumption.
(5) A person under the age of 21 years is not permitted in a tavern or on the licensed premises of an establishment which has a license issued pursuant to this section.
(6) (i) A person under 21 years of age may not knowingly make any misrepresentation or false statement as to the person's age in order to gain entrance to an establishment licensed under this subsection.
(ii) A police officer or alcoholic beverages inspector shall issue a citation under § 10-119 of the Criminal Law Article to a person who violates the provisions of this paragraph.
(iii) Penalties for offenses of this paragraph are as set forth in § 10-119 of the Criminal Law Article.
(q) This section does not apply in Montgomery County.
(r) This section does not apply in Prince George's County.
(s) (1) This subsection applies only in Queen Anne's County.
(2) A Class D beer, wine and liquor (on- and limited off-sale) license may be issued for on-premises consumption and the off-sale of beer only.
(3) The annual license fee is $1,800.
(t) (1) This subsection applies only in St. Mary's County.
(2) The annual license fee:
(i) For a Class D beer, wine and liquor license is $250; and
(ii) For a special Class D beer, wine and liquor license that entitles the holder to sell on Sunday is $650.
(u) (1) In Somerset County the annual license fee is $1,000.
(2) Spirituous liquors may be sold for on-sale consumption only, but beer and wine may be sold for both on- and off-sale consumption.
(v) (1) This section does not apply in Talbot County.
(2) Section 18-101 of this article permits the Talbot County Council to provide for the retail alcoholic beverages laws for the county which, if enacted, supersede the provisions of this article.
(w) In Washington County the annual license fee is $750.
(x) (1) This subsection applies only in Wicomico County.
(2) The annual license fee is $2,200.
(3) Any license issued under the provisions of this section is for 7 days.
(4) In order to qualify for a license under the provisions of this section the premises that is the subject of the application shall have a minimum seating capacity of 140 persons, not including the bar area or dancing floor area, and shall meet the minimum requirements of the fire code applicable to the jurisdiction in which the premises is located.
(5) Alcoholic beverages sold under the provisions of this section shall be consumed on the premises only.
(6) A person may not be on the premises who is under the legal age for the consumption of beer and light wine in this State.
(7) All alcoholic beverages other than beer and light wine shall be purchased from the Liquor Control Board for Wicomico County and shall be charged not more than 15 percent above the wholesale cost to the dispensary.
(y) (1) This subsection applies only in Worcester County.
(2) (i) A Class D beer, wine and liquor license may be issued only within:
1. The corporate limits of Ocean City;
2. The boundary lines of the 10th election district;
3. The boundary lines of the 2nd precinct of the 3rd election district; and
4. The area bounded by Maryland Route 589 to the north and east, U.S. Route 50 to the south, and U.S. Route 113 to the west, all of which lie within the 1st precinct of the 3rd election district.
(ii) The annual license fee for the six-day license is $3,000.
(iii) The annual license fee for the seven-day license is $3,500.
(iv) Seven-day license holders may sell beer, wine and liquor (on-sale) and beer and light wine (off-sale).
(v) All license fees shall go to the general funds of the county. However, if the licensed premises are in a municipal corporation, 75 percent of the fees shall go to that municipal corporation.
(vi) All licensees shall purchase all wines and liquors, except light wine and beer, from the Liquor Control Board for Worcester County. They shall be charged 85 percent of the retail price or any special sale price or discount price, whichever is lower, set by the Board for wines and liquors. However, the price the Board charges to the licensees may not be lower than 10 percent above the cost the Liquor Board must pay for the merchandise to wholesalers. All licensees may purchase beer and light wine from licensed wholesalers.
(vii) The hours for sale are as provided in § 11-524 of this article.
(viii) With respect to the Ocean City Convention Hall, only the Convention Hall Commission and its successors may be issued an alcoholic beverages license. The Commission may permit its vendors to dispense alcoholic beverages pursuant to whatever license the Commission is granted. Further, the Commission may contract to receive some proportion of the revenue derived from the vendor's sale of alcoholic beverages. This license shall be subject to the following restrictions:
1. This monopoly may not impinge upon the provisions of § 7-101(u)(5) of this article;
2. Only on-sale transactions shall be permitted; and
3. Consumption of alcoholic beverages shall be restricted to the premises.
(3) (i) 1. A. The Board may issue a special 7-day Class D beer, wine and liquor on-sale retail license to the Mayor of Ocean City for use on the premises of the Ocean City municipal golf courses.
B. A separate license is required for each Ocean City municipal golf course.
2. Prior to the issuance of any license under this paragraph, the Mayor shall designate an individual to complete training in an alcohol awareness program approved under § 13-101 of this article.
3. The individual designated by the Mayor shall:
A. Represent the concessionaire; and
B. Be directly involved with the management of the sale of beer, wine, and liquor by the concessionaire.
(ii) The holder may contract with and permit a concessionaire to keep for sale and sell beer, wine, and liquor for on premises consumption only.
(iii) The hours and days of sale under the license are the same as a Class D beer, wine and liquor on-sale license under § 11-524 of this article or during lesser hours specified by the holder.
(iv) A license shall be issued and renewed without charge or an annual fee and may not be transferred.
