Maryland Alcoholic Beverages Section 8-204

Article - Alcoholic Beverages

§ 8-204.

      (a)      This section applies only in Baltimore County.

      (b)      For the purpose of determining the amount of capital investment under subsection (c) of this section:

            (1)      The following terms have the meanings indicated:

                  (i)      "Capital investment" means amounts paid for the acquisition of property:

                        1.      For a useful life greater than one year; or

                        2.      For a permanent improvement or betterment of the property that has a useful life greater than one year;

                  (ii)      "Cost of land" includes:

                        1.      The purchase price, plus taxes, and fees incidental to the purchase, including costs related to obtaining appropriate zoning and licensing; and

                        2.      The costs of site grading, preparation, paving, sidewalks, gutters, curbs, and landscaping; and

                        3.      The cost of the construction and installation of all utilities to the exterior of the building shell; and

                  (iii)      "Cost of the building shell" includes cost attributable to a structure with a roof, sidewalls, doors, and windows completely enclosed and weatherproofed on a slab or other subflooring;

            (2)      If the applicant purchases an existing building, the capital investment attributable to the cost of the building shell as defined in this subsection shall be based on the fair market value of the structures for which the cost of the building shell was incurred, determined at the time of purchase. The capital investment in other than land or building shells shall also be evaluated at the fair market value at the time of purchase; and

            (3)      If the premises are leased, the rent paid for the land shall be considered a cost of land and any rent paid for a building shall be considered a cost of a building shell.

      (c)      There is a 7-day Class BDR (deluxe restaurant) (on-sale) beer, wine and liquor license. This license may only be issued for the use of restaurants that:

            (1)      Meet the definition requirements of "restaurant" established under the regulations of the Board of License Commissioners;

            (2)      Have a minimum seating capacity of 150 persons for dining;

            (3)      Have a cocktail lounge or bar area seating capacity not exceeding 25 percent of the seating capacity for dining;

            (4)      Have parking facilities to accommodate a minimum of 75 vehicles; and

            (5)      Have a minimum capital investment of $800,000 by the applicant exclusive of the cost of the land and buildings.

      (d)      This license may not be issued for use in an establishment that is a fast food style restaurant.

      (e)      The annual license fee is $1,000.

      (f)      (1)      This license may not be transferred from the location site of its first issuance.

            (2)      The provisions of this subsection do not affect a transfer of holders for the same premises or a renewal of the license.

      (g)      This license is exempt from all quota provisions provided for under the regulations of the Board of License Commissioners.

      (h)      The hours and days that a holder may exercise the privileges of sale under this license are the same as a Class B (on-sale) beer, wine and liquor license in Baltimore County.

      (i)      The Board of License Commissioners shall adopt regulations necessary for the issuance of this license.

      (j)      (1)      The maximum number of these licenses available for issuance is 18.

            (2)      A maximum of 4 of these licenses may be issued in any election district.

            (3)      A license may not be issued under this section after July 1, 1995.

      (k)      This license may be issued in addition to any other alcoholic beverages license that the applicant holds.

      (l)      An individual or corporation is limited to a maximum of 3 alcoholic beverages licenses including Class BDR (deluxe restaurant) (on-sale) licenses.



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