Maryland Alcoholic Beverages Section 16-507
§ 16-507.
(a) Reserved.
(b) (1) In Allegany County (i) any municipal corporation may impose penalties for the violation of ordinances passed for the regulation and control of licensees under this article.
(ii) Any person violating any provision of this article, for which no other penalty is provided, shall upon conviction be subject to a fine of not more than five hundred dollars ($500.00), or to imprisonment for not exceeding one year, or to both such fine and imprisonment in the discretion of the court.
(2) (i) The Board of License Commissioners of Allegany County may either suspend or impose a fine on any licensee who violates the provisions of this article.
(ii) Money paid in lieu of suspension shall be paid into the general funds of the county.
(iii) The fine may not exceed $2,500.
(iv) In reaching a decision as to whether to fine or suspend a licensee, the Board shall consider the following points:
1. That the public welfare and morals would not be impaired by allowing the licensee to operate during the period set for the suspension; and
2. The payment of the sum of money will achieve the desired disciplinary purposes.
(v) The Board may promulgate rules and regulations necessary to carry out the purposes of this subsection.
(c) (1) In Anne Arundel County the Board of License Commissioners may impose a fine of not more than $1,000 in lieu of suspension of a license for any violation that is cause for suspension under the alcoholic beverage laws affecting Anne Arundel County.
(2) In the City of Annapolis, the Board of License Commissioners may impose a fine of not more than $1,000 in lieu of suspension of a license for any violation that is cause for suspension under the alcoholic beverage laws of the city.
(d) For any violation that is cause for suspension under the alcoholic beverage laws affecting Baltimore City, the Baltimore City Board of License Commissioners may:
(1) For a first offense, impose a fine of not more than $500 or suspend the license or both; or
(2) For any subsequent offense, impose a fine of not more than $3,000 or suspend the license or both.
(e) In Baltimore County, the Board of License Commissioners, after a public hearing and on finding a violation, may impose a fine not exceeding $2,000, and/or may suspend or revoke a license, for any violation that is cause for suspension or revocation under the alcoholic beverages laws and rules and regulations affecting Baltimore County.
(f) Reserved.
(g) (1) This subsection applies only in Caroline County.
(2) The Board of License Commissioners may impose a fine of not more than $2,500 or suspend a license, or both, for any violation that is a cause for suspension under the provisions of this article affecting Caroline County.
(3) The penalties in paragraph (2) of this subsection are:
(i) In addition to and not intended to limit other specific or general penalties for the same violation under this article; and
(ii) Intended to be independent of any related court action based on the same violation.
(4) All moneys collected under this subsection shall be deposited into the general funds of Caroline County.
(h) In Carroll County, the Board of License Commissioners may impose a fine of not more than $2,000 or suspend a license for any violation that is cause for suspension under the alcoholic beverage laws affecting Carroll County or both.
(i) In Cecil County, the Board of License Commissioners may either impose a fine of not more than $1,000 or suspend an alcoholic beverages license for any violation of the alcoholic beverages laws affecting Cecil County. All moneys collected under this subsection shall be deposited into the general funds of the county.
(j) (1) Notwithstanding any provision of this Code to the contrary, in Charles County, the Board of License Commissioners may impose a fine not to exceed $1,000 or suspend an alcoholic beverage license, for any violation of the alcoholic beverage laws affecting Charles County. All moneys collected under this subsection shall be deposited into the general funds of the county.
(2) (i) In Charles County, if an alcoholic beverages licensee or an employee of an alcoholic beverages licensee sells alcoholic beverages to a person under 21 years of age, the Board of License Commissioners may:
1. For the first offense, suspend the license for not more than 3 days or impose a fine not to exceed $500 or both; and
2. For each subsequent offense, impose a penalty as determined by the Board of License Commissioners.
(ii) In Charles County, if an employee of an alcoholic beverages licensee sells alcoholic beverages to a person under 21 years of age, the Board of License Commissioners may impose a fine on the employee not to exceed $50 per offense.
(3) (i) In this paragraph the term "economic impact" includes, but is not limited to, the ratio between total sales of alcoholic beverages as compared with the total sales of the establishment before and during a license suspension.
(ii) When determining the number of days for a suspension of a license for a subsequent offense as provided for in this subsection, the Board shall consider the class of license and the economic impact the suspension will have on the business.
(4) (i) Except as provided in subparagraph (ii) of this paragraph, if a license is suspended for 4 days or less, then the suspension may not be on a Friday, Saturday, or Sunday.
(ii) If a license is suspended for 4 days or less and the licensed premises is only open on Friday, Saturday, or Sunday, or a combination of those days, then the suspension may be on a Friday, Saturday, or Sunday.
(5) A fine levied by the Charles County Board of License Commissioners under this subsection shall be levied in accordance with the provisions of § 10-1001 of the State Government Article.
(k) (1) This subsection applies only in Dorchester County.
(2) The Board of License Commissioners may impose a fine not exceeding $2,500 in addition to or instead of suspending a license for a violation that is a cause for suspension under the provisions of this article that apply in the county.
(3) The penalties under paragraph (2) of this subsection:
(i) Are in addition to and do not limit any other penalty for the same violation; and
(ii) Are independent of any court action based on the same violation.
(4) Money collected under this subsection shall be deposited into the general fund of the county.
(l) In Frederick County, the License Commissioner may impose a fine of not more than $1,500 per offense or suspend an alcoholic beverages license for any violation that is cause for suspension under the alcoholic beverages laws affecting Frederick County. The Commissioner may both suspend an alcoholic beverages license and impose the fine on a licensee for these violations. All moneys collected under this subsection shall be deposited into the general funds of Frederick County.
(m) In Garrett County, the Board of License Commissioners may impose a fine of not more than $3,000 or suspend a license for any violation of the alcoholic beverages laws affecting Garrett County.
(n) In Harford County, (1) the penalty for a violation of any provision of this article, if not elsewhere specified, shall be a fine of not more than one thousand dollars ($1,000.00), or imprisonment in jail for one year, or both fine and imprisonment in the discretion of the court.
(2) In addition to such fine or imprisonment for the illegal sale or offer of sale, or possession, of intoxicating liquors, any such liquors seized by the Sheriff of Harford County, or any other police officer, after the conviction of the possessor thereof, shall be confiscated and delivered to the said Liquor Control Board, to be sold and the proceeds paid to the County Treasurer for the use of Harford County.
(o) (1) This subsection applies only in Howard County.
(2) The Board of License Commissioners may impose a fine of not more than $2,000 per offense or suspend a license, or both, for any violation that is cause for suspension under the alcoholic beverage laws affecting Howard County. All moneys collected under this subsection shall be deposited into the general funds of the county.
(p) (1) This subsection applies only in Kent County.
(2) Except as provided otherwise, the Board of License Commissioners may impose the following penalties for a violation of any provision of this article:
(i) For the first offense:
1. Suspension of the license;
2. Closure of the place of business for not more than 15 days; and
3. A fine not exceeding $1,000;
(ii) For the second offense:
1. Suspension of the license;
2. Closure of the place of business for not more than 30 days; and
3. A fine not exceeding $2,000;
(iii) For the third or subsequent offense:
1. Suspension of the license;
2. Closure of the place of business for not more than 90 days; and
3. A fine not exceeding $2,500; and
(iv) For a third offense that is the same as either of the 2 previous offenses:
1. Revocation of the license;
2. Prohibition of licensure of the violator; and
3. Prohibition of licensure of the premises for a period of not more than 1 year from the date of the revocation of the license.
(3) The Board of License Commissioners shall hear and determine a case within 30 days from the date the violation is reported by an inspector or law enforcement officer. The Board shall make a determination of the case within 15 days after the conclusion of the hearing.
(4) An appeal from the Board's decision may not stay an order of the Board to suspend a license or close a place of business.
(q) (1) In Montgomery County, the Board of License Commissioners may, in lieu of suspending or revoking an alcoholic beverages license for any cause for which the Board is permitted but not required to suspend or revoke a license pursuant to § 10-401 of this article, impose a fine for any such violation, subject to the following conditions:
(i) The Board determines that the public welfare and morals would not be impaired by allowing the licensee to operate during the suspension period and that payment of the fine will achieve the desired disciplinary purposes.
(ii) The fine assessed by the Board under this subsection shall not exceed $20,000 for each case.
(iii) All moneys collected under this subsection shall be deposited into the general funds of Montgomery County.
(iv) The Board shall have promulgated such rules and regulations as it deems necessary to carry out the purposes of this subsection.
(2) The Board, when it acts to impose a fine on the licensee or to suspend or revoke the license pursuant to the provisions of § 10-401 of this article, shall adopt a written resolution which shall contain a statement of the facts and findings forming the basis for the decision, the vote of each member of the Board on the decision, and information as to the procedures for appealing the decision. A copy of the resolution shall be mailed or hand delivered to the licensee.
(r) In Prince George's County the Board of License Commissioners may impose a fine not exceeding $12,500 instead of or in addition to suspension or revocation of a license for any violation that is cause for suspension or revocation under the alcoholic beverage laws affecting Prince George's County.
(s) (1) In Queen Anne's County, the Board of License Commissioners may impose a fine of not more than $2,000 or suspend a license or both fine and suspend for any violation that is cause for suspension under the alcoholic beverages laws affecting Queen Anne's County.
(2) These penalties are:
(i) In addition to and not intended to limit other specific or general penalties for the same violation under this article; and
(ii) Intended to be independent of any related court action based on the same violation.
(t) In St. Mary's County, (1) for any violation of the laws as to licensing the sale of alcoholic beverages, the penalty upon conviction shall be a fine not exceeding $500.
(2) For any violation of the laws as to hours or days for the sale of alcoholic beverages, the violator shall be deemed guilty of a misdemeanor and upon trial and conviction shall be subjected to a fine of not less than $50 nor more than $250 or may be confined in the county jail or the House of Correction for not less than sixty days.
(3) For any licensing violations, the Board of License Commissioners may both revoke or suspend an alcoholic beverages license and impose a fine on the licensee.
(u) In Somerset County the Board of License Commissioners may impose a fine of not more than $2,000 or suspend a license or both for any violation that is cause for suspension under the alcoholic beverage laws affecting Somerset County.
(v) Reserved.
(w) (1) The Board of License Commissioners of Washington County may suspend, impose a fine, or both on any licensee who violates the provisions of this article.
(2) Money shall be paid to the Board.
(3) The fine may not exceed $2,500.
(4) In reaching a decision as to whether to fine or suspend a licensee, the Board shall consider the following points:
(i) That the public welfare and morals would not be impaired by allowing the licensee to operate during the period set for the suspension; and
(ii) The payment of the sum of money will achieve the desired disciplinary purposes.
(5) The Board may promulgate rules and regulations necessary to carry out the purposes of this subsection.
(x) In Wicomico County the Board of License Commissioners may impose a fine of not more than $2,000 payable to the local collecting agent or suspend a license or both fine and suspend for any violation that is cause for suspension under the alcoholic beverage laws affecting Wicomico County.
(y) (1) This subsection applies only in Worcester County.
(2) The Board of License Commissioners may impose both a fine of not more than $4,000 and suspend an alcoholic beverage license, for any violation of the alcoholic beverage laws affecting Worcester County.
(3) All moneys collected under this subsection shall be deposited into the general funds of the county.
