Maryland Alcoholic Beverages Section 5-201

Article - Alcoholic Beverages

§ 5-201.

      (a)      (1)      A Class B beer and light wine license shall be issued by the license issuing authority of the county in which the place of business is located. The holder may keep for sale and sell beer and light wines at retail at any hotel or restaurant, at the place described in the license, for consumption on the premises or elsewhere.

            (2)      The annual fee shall be paid to the local collecting agent before any license is issued.

      (b)      This section does not apply in Allegany County.

      (c)      (1)      This subsection applies only in Anne Arundel County.

            (2)      The annual license fee for a Class B beer and light wine license is $400.

            (3)      (i)      There is a Class B-LSH (limited service hotel) beer and light wine license for use in a hotel that contains more than 100 rooms and operates a kitchen licensed as a food service facility.

                  (ii)      The annual license fee is $2,000.

                  (iii)      A Class B-LSH license authorizes the licensee to sell beer and light wine in containers to registered guests, who may consume the beverage in their hotel rooms or remove unopened containers from the hotel premises.

      (d)      In Baltimore City the annual license fee is $165.

      (e)      (1)      In Baltimore County the annual license fee is $150.

            (2)      The area of the licensed premises normally used as a restaurant for the preparation and consumption of food and beverage 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)      In Calvert County the annual license fee is $250.

      (g)      In Caroline County the annual license fee is $500.

      (h)      In Carroll County the annual license fee is:

            (1)      $160 for a 6-day license; and

            (2)      $1,000 for a 7-day license.

      (i)      In Cecil County the annual license fee is $90.

      (j)      This section does not apply in Charles County.

      (k)      (1)      In Dorchester County the annual license fee is $300.

            (2)      A Class B (on-sale and off-sale) beer and light wine license shall be issued:

                  (i)      Only to restaurants; and

                  (ii)      Without seating capacity restrictions.

            (3)      The holder of a license shall purchase all of the wine sold under this license from Dorchester County Liquor Control Board Dispensaries.

      (l)      (1)      This subsection applies only in Frederick County.

            (2)      The annual license fee is $160.

            (3)      (i)      The area of the licensed premises normally used as a restaurant for the preparation and consumption of food and beverages on the premises may occupy no less than 80 percent of the square foot area, except for recreational use premises such as bowling alleys and pool halls.

                  (ii)      The provisions of this paragraph of this subsection do not apply to or affect any licensee that had a license on December 31, 1993, or to any person who has a permit for a building that was under construction on that date.

      (m)      This section does not apply in Garrett County.

      (n)      (1)      This subsection applies only in Harford County.

            (2)      (i)      1.      The annual license fee for a Class B-1 6-day restaurant license is $350.

                        2.      A Class B-1 6-day restaurant license is a 6-day, Monday through Saturday, license which may be issued by the Liquor Control Board to bona fide restaurants.

                  (ii)      1.      The annual license fee for a Class B-1 7-day restaurant license is $500.

                        2.      A Class B-1 7-day restaurant license is a 7-day license which may be issued by the Liquor Control Board to bona fide restaurants.

                  (iii)      The licensee shall comply with the food sale requirements of § 1-102(a)(22) of this article only for the purpose of meeting the requirements of § 6-201(n) of this article necessary to apply for a Class B restaurant license.

            (3)      (i)      1.      The annual license fee for a Class B-2 6-day restaurant license is $500.

                        2.      A Class B-2 6-day restaurant license is a 6-day, Monday through Saturday, license which may be issued by the Liquor Control Board to restaurants.

                  (ii)      1.      The annual license fee for a Class B-2 7-day restaurant license is $700.

                        2.      A Class B-2 7-day restaurant license is a 7-day license which may be issued by the Liquor Control Board to bona fide restaurants.

                  (iii)      These licenses may be issued to a licensee who has been operating that business establishment for one year prior to the application for the license and who, in the judgment of the Board, is equipped and stocked for the continued regular sale of food to customers and guests. The licensee does not have to comply with the food sale requirement set forth in § 1-102(a)(22) of this article.

            (4)      (i)      As to any Class B-1 or B-2 restaurant license issued prior to July 1, 1984, "off-sales" of licensees shall be limited to fermented beverages including split bottles and brewed beverages. However, brewed beverages sold in bottles or cans exceeding 12 ounces in weight or size, for consumption off the premises, may be sold in a numerical quantity of less than six. If brewed beverages are sold in a containerized package, the package shall hold a minimum of 6 bottles or containers.

                  (ii)      As to any Class B-1 or B-2 restaurant license issued on or after July 1, 1984, "off-sales" by Class B-1 and B-2 licensees are prohibited.

            (5)      Provisions relating to Class B-3 licenses are found in § 6-201(n)(3) of this article.

            (6)      (i)      There is a 7-day Class B-4 on-sale seafood restaurant license.

                  (ii)      The annual license fee is $500.

                  (iii)      The Liquor Control Board may issue this license only to an applicant who is the operator of and who has been the operator of a seafood restaurant in existence prior to January 1, 1995, at the same location for which this license is requested.

                  (iv)      The exclusion of Harford County in § 1-102(a)(22)(iii) of this article does not apply to this Class B-4 (seafood restaurant) license; a licensee shall comply with the 50% average gross monthly receipts of food commodities mandated in § 1-102(a)(22)(iii) of this article.

                  (v)      A licensee may not have facilities outside of the building in which the restaurant is located, such as an outdoor caf\'e9, a patio, or a beer garden.

                  (vi)      A licensee may not permit any gambling, keno, gaming, pinball, video machines, video poker, or similar games or devices on the premises. A licensee may not operate a pool hall or have pool tables on the premises. Further, a licensee may not have a bar on the premises.

                  (vii)      The license may not be transferred except after a hearing and upon the approval of the Liquor Board.

                  (viii)      The licensee may not have any signs on the exterior of the building that advertise any alcoholic beverages.

      (o)      (1)      This subsection applies only in Howard County.

            (2)      The annual license fee is $175.

            (3)      Any restaurant that meets the definition of a restaurant under § 1-102(a)(22) of this article may apply to the Board of License Commissioners for a Class B beer and light wine license.

      (p)      (1)      This subsection applies only in Kent County.

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

            (3)      Any restaurant qualifying under § 6-201(p)(2)(ii) and (iii) of this article may apply to the Board of License Commissioners for a special Class B beer and light wine license.

      (q)      (1)      This subsection applies only in Montgomery County.

            (2)      The annual license fee is $400.

            (3)      (i)      In this paragraph, "establishment" means a bowling alley, billiard hall, or drugstore or a restaurant located within these businesses.

                  (ii)      A license may not be issued to, or for use in conjunction with, or upon the premises of any establishment or for use upon any premises which has a door, archway, opening or other passageway providing direct public access to any establishment.

      (r)      (1)      This subsection applies only in Prince George's County.

            (2)      The annual license fee is $330.

            (3)      (i)      Notwithstanding the provisions of subsection (a) of this section, the Board of License Commissioners may not issue any Class B beer and light wine license with other than the privilege of selling beer and light wine for consumption on the licensed premises (on-sale only).

                  (ii)      However, licensees holding this class of license prior to July 1, 1975, who have been exercising the privilege of selling alcoholic beverages for consumption off the licensed premises may continue to exercise this privilege.

            (4)      (i)      There is a Class B-Stadium beer and light wine license.

                  (ii)      The annual license fee is $2,200.

                  (iii)      The license is a special 7-day Class B-Stadium (baseball stadium) license for on-sale consumption only for exclusive use on the premises of a baseball stadium owned or operated by the Maryland-National Capital Park and Planning Commission.

                  (iv)      The license may be issued either to the Maryland-National Capital Park and Planning Commission or to a private concessionaire that is under contract with the Commission.

                  (v)      Alcoholic beverages may be sold only by employees who are 18 years old or older.

                  (vi)      The residency requirement specified by § 9-101 of this article does not apply to an applicant for a Class B-Stadium license.

                  (vii)      Any profit from the sale of beer or light wine made by the licensee may accrue to the benefit and use of either the Commission or the concessionaire.

      (s)      In Queen Anne's County the annual license fee is $500.

      (t)      In St. Mary's County the annual license fee is $400.

      (u)      In Somerset County the annual license fee is $200.

      (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 beverage laws for the county which, if enacted, supersede the provisions of this article.

      (w)      In Washington County the annual license fee is $200.

      (x)      In Wicomico County the annual license fee is $400.

      (y)      (1)      This subsection applies only in Worcester County.

            (2)      The annual license fee for a 6 day license is $300.

            (3)      The annual license fee for a 7 day license, applied countywide (exclusive of tenth election district) is $400.

            (4)      The annual license fee for a 7 day license, tenth election district only is $400.



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