Maryland Alcoholic Beverages Section 9-102.1
§ 9-102.1.
(a) This section applies only in Montgomery County.
(b) (1) In this section the following words have the meanings indicated.
(2) "Board" means the Board of License Commissioners.
(3) "Enterprise zone" has the meaning specified in Article 83A, § 5-401(f) of the Code.
(4) "License" means a Class B beer, wine and liquor on-sale only license.
(5) "Original license" means a Class B license as set forth in § 6-201(q) of this article.
(c) After making an application and paying the fees, the holder of an original license may obtain the additional license or licenses authorized by this section.
(d) (1) A licensee may obtain additional licenses for premises operated as a public hotel.
(2) An applicant for this additional license shall:
(i) Meet the minimum requirements set forth in § 6-201(a)(3) of this article. If the capital investment in the hotel exceeds $3,000,000, the building height and elevator requirements required by that section do not apply; and
(ii) Have a minimum restaurant seating capacity, as specified in § 6-201(a)(3) of this article, of 100 persons.
(e) (1) A licensee may obtain one additional license for premises which meet the qualifications specified in this subsection. For identification purposes, the additional license may be referred to as a "1-year" license.
(2) An applicant for this additional license shall:
(i) Have the applicant's place of business located in this State;
(ii) Have been the holder of a license for at least 1 year;
(iii) Operate a restaurant, as defined by regulations of the Board;
(iv) Have a capital investment of at least $250,000 for restaurant facilities, excluding the cost of land and buildings; and
(v) Have a seating capacity of at least 125 persons.
(3) This is an on-sale license only.
(f) (1) A licensee may obtain not more than two additional licenses for premises which meet the qualifications specified in this subsection. For identification purposes, this additional license may be referred to as an enterprise zone license.
(2) Each restaurant shall be located within one of two designated enterprise zones, with not more than one restaurant in each enterprise zone.
(3) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(4) A licensee may obtain an additional license for a premises in a designated enterprise zone, even after the incentives and initiatives for a business entity in the designated enterprise zone are eliminated or reduced.
(g) (1) A licensee may obtain one additional license for premises which meet the qualifications specified in this subsection. For identification purposes, this additional license may be referred to as a "Rockville" license.
(2) The restaurant shall be located within the Rockville Town Center zoned property.
(3) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(h) (1) A licensee may obtain one additional license for premises that meet the qualifications specified in this subsection. For identification purposes, each additional license may be referred to as a "Germantown" license.
(2) The restaurant shall be located within the Germantown Town Center district.
(3) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(i) (1) A licensee may obtain up to one additional license for premises that meet the qualifications specified in this subsection. For identification purposes, each additional license may be referred to as a "Gaithersburg" license.
(2) The restaurant shall be located within the City of Gaithersburg.
(3) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(j) (1) A licensee may obtain up to one additional license for premises that meet the qualifications specified in this subsection. For identification purposes, each additional license may be referred to as a "Montgomery Village" license.
(2) The restaurant shall be located within the town sector zoned area called Montgomery Village.
(3) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(k) (1) A licensee may obtain one additional license for premises that meet the qualifications specified in this subsection. For identification purposes, each additional license may be referred to as an "East County" license.
(2) The restaurant shall be located in an area bounded by the Howard County-Montgomery County line on the north, the Prince George's County-Montgomery County line on the east, the Capital Beltway (I-495) on the south, and a line 3,000 feet west of the center of Columbia Pike on the west.
(3) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(l) (1) A licensee may obtain a maximum of two additional licenses for premises which meet the qualifications specified in this subsection. For identification purposes, each additional license may be referred to as an "incentive" license.
(2) An applicant for an additional license shall:
(i) Have the applicant's place of business located in this State;
(ii) Operate a restaurant, as defined by regulations of the Board; and
(iii) Hold an enterprise zone license, a Rockville license, a Germantown license, a Gaithersburg license, a Montgomery Village license, or an East County license.
(3) A maximum of one incentive license may be issued for each enterprise zone license, Rockville license, Germantown license, Gaithersburg license, Montgomery Village license, or East County license.
(4) The requirement that the holder have been a licensee for 1 year does not apply to this subsection.
(5) This is an on-sale license only.
(m) (1) A licensee may obtain one additional license for premises which meet the qualifications specified in this subsection. For identification purposes, the additional license may be referred to as a "5-year" license.
(2) An applicant for an additional license shall:
(i) Have the applicant's place of business located in this State;
(ii) Have been for at least 5 years the holder of two licenses under this section that are not restricted by location; and
(iii) Operate a restaurant, as defined by regulations of the Board.
(3) This is an on-sale license only.
(n) (1) Subsection (o) of this section excludes additional licenses issued pursuant to subsection (d) of this section, which relates to public hotels.
(2) This section does not permit the issuance to a person or for the use of any partnership, corporation, unincorporated association, or limited liability company of more than the number of licenses specified.
(o) (1) A licensee that holds an original license, may obtain a maximum of five additional licenses and may not hold more than six licenses altogether.
(2) Subject to the requirements of subsections (e) through (m) of this section, a licensee may hold any combination of the following licenses:
(i) One 1-year license under subsection (e) of this section;
(ii) One 5-year license under subsection (m) of this section;
(iii) One enterprise zone license in each of two enterprise zones under subsection (f) of this section;
(iv) One Rockville license under subsection (g) of this section;
(v) One Germantown license under subsection (h) of this section;
(vi) One Gaithersburg license under subsection (i) of this section;
(vii) One Montgomery Village license under subsection (j) of this section;
(viii) One East County license under subsection (k) of this section; and
(ix) Two incentive licenses under subsection (l) of this section.
