Maryland Alcoholic Beverages Section 9-301

Article - Alcoholic Beverages

§ 9-301.

      In the enumerated subdivisions below, a person, partnership, firm or corporation, except by way of renewal, may not have an interest in more than one license, whether held or controlled by direct or indirect ownership, by stock ownership, interlocking directors or interlocking stock ownership, or in any other manner, directly or indirectly. It is the intention of this section to prohibit any person, firm, partnership or corporation from having any interest, directly or indirectly, in more than one license.

            (1)      In Baltimore County:

                  (i)      1.      Except that the provisions of this section do not apply to licenses issued for premises operated as a motel or motor court having 100 rooms or more; and

                        2.      Except by way of renewal, a person, franchisor, franchisee, or chain store operation may not have an interest in more than 1 Class A (off-sale) alcoholic beverages license, whether that license is to be held or controlled by:

                        A.      Direct or indirect ownership;

                        B.      A franchise operation;

                        C.      A chain store operation;

                        D.      Stock ownership;

                        E.      Interlocking directors or interlocking stock ownership; or

                        F.      Any other method of ownership or control.

                  (ii)      Item 2 of subparagraph (i) is intended:

                        1.      To regulate Class A (off-sale) alcoholic beverages licenses for the use in franchised or chain store operations in Baltimore County; and

                        2.      To be in addition to the provisions of this section and the provisions of § 9-102 of this title.

            (2)      Worcester County. - Except that the provisions of this section do not apply to any licenses issued under § 9-102(j) of this title.

            (3)      (i)      In Anne Arundel County, a person, franchisor, franchisee, chain store operation, partnership, firm or corporation, except by way of renewal, may not have any interest in more than one license, whether held or controlled by direct or indirect ownership, by franchise operation, by chain store operation, by stock ownership, interlocking directors or interlocking stock ownership, or in any other manner directly or indirectly. It is the intention of this subsection to prohibit any such persons, franchisor, franchisee, chain store operation, firm, partnership, or corporation from having any interest, directly or indirectly, in more than one license. Nothing in this subsection applies to or affects any such type of business establishment already holding such a license or the possibility of such licensee having the license transferred to a similar type of business establishment.

                  (ii)      This subsection does not apply to licenses issued under the provisions of §§ 8-202(i) and 9-102(h-1) of this article.

            (4)      In Howard County:

                  (i)      1.      Except for renewals, a person, partnership, firm, or corporation may not have an interest in more than one alcoholic beverages license in Howard County whether held or controlled by direct or indirect ownership, by stock ownership, interlocking directors or interlocking stock ownership, or in any other manner, directly or indirectly; and

                        2.      Except for renewals, it is the intention of this paragraph to prohibit any person, firm, partnership, or corporation from having any interest, directly or indirectly, in more than one license.

                  (ii)      The prohibitions in this subsection do not apply to the number of licenses authorized under § 8-408.1 or § 9-102(o) of this article.

            (5)      (i)      In Baltimore City, except as authorized by § 9-102 of this title, a person, franchisor, franchisee, chain store operation, partnership, firm or corporation, except by way of renewal, may not have any interest in more than one Class A license, whether held or controlled by direct or indirect ownership, by franchise operation, by chain store operation, by stock ownership, interlocking stock ownership, or in any other manner directly or indirectly. It is the intention of this subsection to prohibit any such persons, franchisor, franchisee, chain store operation, firm, partnership, or corporation from having any interest, directly or indirectly, in more than one Class A license. Nothing in this subsection applies to or affects any such type of business establishment already holding such a license or the possibility of such licensee having the license transferred to a similar type of business establishment.

                  (ii)      This subsection is intended:

                        1.      To regulate alcoholic beverages licenses for the use in franchised operations in Baltimore City; and

                        2.      To be in addition to the provisions of § 9-102 of this article.



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