Maryland Alcoholic Beverages Section 7-101

Article - Alcoholic Beverages

§ 7-101.

      (a)      (1)      On approval by the board of license commissioners for that jurisdiction, if any, of a proper application, made on forms prescribed by the State Comptroller, signed and sworn to, the license issuing authority may grant the types of special licenses for the periods and at the fees specified in this section.

            (2)      For an application for a statewide license, the Comptroller may grant the license.

            (3)      In Anne Arundel County, the provisions of §§ 10-103(b) and 10-202 of this article and § 10-501 of the State Government Article do not apply to an applicant for a special Class C beer license, special Class C beer and wine license, or special Class C beer, wine and liquor license for a period not to exceed 7 consecutive days from the effective date of the license.

      (b)      (1)      (i)      Subject to subsection (a) of this section, a special Class C beer license or a special Class C beer and wine license entitles the holder to exercise any of the privileges conferred by the respective classes of licenses for the use of any person holding any bona fide entertainment conducted by any club, society or association at the place described in the license, for a period not exceeding seven consecutive days from the effective date thereof.

                  (ii)      The fee is $5 per day.

            (2)      In Anne Arundel County:

                  (i)      The fee is $10 per day; and

                  (ii)      The provisions of §§ 10-103(b) and 10-202 of this article and § 10-501 of the State Government Article do not apply to an applicant for either the special Class C beer license or the special Class C beer and wine license.

            (3)      In Baltimore City the fee is $25 per day.

            (4)      In Baltimore County the fee is $10 per day, except that for any bona fide religious, fraternal, civic, war veterans', hospital or charitable organization, the fee is $5.

            (5)      In Carroll County the fee is $50 per day.

            (6)      In Dorchester County:

                  (i)      A holder of a special Class C beer license or a special Class C beer and wine license may cater an event at the place described in the license on the effective days of the license; and

                  (ii)      The fee is $15 per day.

            (7)      In Frederick County the fee is $10 per day.

            (8)      In Harford County the fee is $15 per day.

            (9)      In Howard County the fee is $15 per day.

            (10)      In Montgomery County:

                  (i)      The fee is $30 per day; and

                  (ii)      In addition to paragraph (1)(i) of this subsection and notwithstanding § 1-102(a)(4) of this article, the Board of License Commissioners may issue a one-day special Class C beer license or a one-day special Class C beer and wine license to a community swimming pool club.

            (11)      In Prince George's County:

                  (i)      Except as provided in item (ii) of this paragraph, the fee is $50 per day;

                  (ii)      For a club, society, or association holding a casino or gambling event, the fee is $100 per day, which shall be paid by the club, society, or association and shall be considered as part of the club's, society's, or association's special license fee; and

                  (iii)      The Board of License Commissioners may deny an application for this license if it is determined that the applicant does not qualify under the provisions of this article.

            (12)      In Washington County:

                  (i)      The fee for a special Class C beer license is $15 per day; and

                  (ii)      The fee for a special Class C beer and light wine license is $25 per day.

            (13)      In Wicomico County the fee is $30 per day.

      (c)      Whenever a special one-day license is issued under subsection (b) of this section, the holders of wholesale licenses may enter into an agreement with the holder of a special one-day license to deliver beer or wine two days prior to the effective date, and to accept returns two days after the expiration date of the special license. Delivery of the beer or wine only may be made if the holder of the special license has in hand the special license at time of delivery.

      (d)      (1)      (i)      A special Class C beer, wine and liquor license entitles the holder to exercise any of the privileges conferred by this class of license for the use of any person holding a bona fide entertainment conducted by a club, society, or association at the place described for a period not exceeding seven consecutive days, upon the payment of a fee of $15 per day.

                  (ii)      The provisions of § 11-517 of this article do not apply to holders of this license. Alcoholic beverages sold under this special license shall be purchased by such special license holder from retail dealers.

            (2)      In Anne Arundel County:

                  (i)      A special beer, wine and liquor license, Class C licensee may purchase beer from a wholesaler;

                  (ii)      The fee is $25 per day; and

                  (iii)      The provisions of §§ 10-103(b) and 10-202 of this article and § 10-501 of the State Government Article do not apply to an applicant for the license.

            (3)      In Baltimore City:

                  (i)      The holder of a Class C special beer, wine and liquor license may purchase beer and light wine from a wholesale dealer.

                  (ii)      The fee is $50 per day.

            (4)      (i)      In Baltimore County:

                        1.      The fee for this license is $25 per day, except that for any bona fide religious, fraternal, civic, war veterans', hospital or charitable organization, the fee for this license is $15; and

                        2.      The holder of a special 7-day Class C beer, wine and liquor license may purchase beer and light wine from a wholesale dealer.

                  (ii)      Notwithstanding any other provision of law to the contrary, the holder of a special 7-day Class C beer, wine and liquor license may agree with the holder of a wholesale license to deliver beer and wine on the effective days of the license and accept returns on the same day of delivery.

            (5)      In Calvert County the fee for this license is $25 per day, except that for any bona fide religious, fraternal, civic, war veterans', hospital or charitable organization, the fee for the license is $15.

            (6)      In Carroll County the fee is $50 per day.

            (7)      In Dorchester County:

                  (i)      A holder of a Class C special beer, wine and liquor license may cater an event at the place described in the license on the effective days of the license; and

                  (ii)      The fee is $25 per day.

            (8)      In Frederick County the fee is $30 per day.

            (9)      In Harford County the fee is $30 per day.

            (10)      Notwithstanding paragraph (1)(i) of this subsection, in Montgomery County:

                  (i)      The fee is $60 per day; and

                  (ii)      Notwithstanding § 1-102(a)(4) of this article, the Board of License Commissioners may issue a one-day special Class C beer, wine and liquor license to a community swimming pool club.

            (11)      In Prince George's County:

                  (i)      Except as provided in item (ii) of this paragraph, the fee is $150 per day;

                  (ii)      For a club, society, or association holding a casino or gambling event, the fee is $150 per day, which shall be paid by the club, society, or association and shall be considered as part of the club's, society's, or association's special license fee; and

                  (iii)      The Board of License Commissioners may deny an application for this license if it is determined that the applicant does not qualify under the provisions of this article.

            (12)      In Wicomico County the fee is $45 per day.

      (e)      A special license of any class entitles its holder to exercise the privilege of the license for a period not exceeding ten consecutive days at a fee of $5 per day. In cases where a license has been cancelled, revoked, or suspended, renewal has been denied by the local board, or where a renewal license has been granted by the local board and the court on appeal has reversed the local board's decision, the licensee may dispose of the licensee's stock of alcoholic beverages. The special license shall carry with it the privilege of selling the stock at retail or to one or more holders of wholesale licenses. The holders of wholesale licenses may purchase them. This subsection does not authorize the licensee to purchase alcoholic beverages for the purpose of resale under this license.

      (f)      When the move is necessitated by fire or other catastrophe, the holder of a special license of any class may temporarily move the licensed premises from one location to another while the premises are being restored. The holder may exercise the privileges of the license for a period in the discretion of the Comptroller or board of license commissioners, as the case may be, but not to exceed six months. A fee may not be charged for this special license but the Comptroller or board shall approve, as in the case of the original application, the new location to which the license holder has temporarily moved.

      (g)      The special licenses provided for in this section may not be issued in any county or in Baltimore City, or in this State in case of application for statewide license, if the issuance of a regular license of the same class is not authorized by this article.

      (h)      (1)      The provisions of this subsection apply only in Allegany County.

            (2)      The Board of License Commissioners may grant special licenses of any class, except manufacturer's and wholesaler's, which entitles their holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, or association at the place described in the license, for a period not exceeding seven consecutive days from the effective date of the license, upon the payment, before the license is issued, to the Board of License Commissioners of a fee of:

                  (i)      $20 per day for any beer or beer and light wine license; or

                  (ii)      $50 per day, for not more than 14 consecutive days, for any beer, wine and liquor license.

            (3)      (i)      The Board of License Commissioners may issue a special permit to holders of Class D beer and Class D beer and light wine licenses that allows the sale of beer, wine and liquor by the drink for consumption on the premises.

                  (ii)      A holder of this special permit may continue to sell beer or beer and wine for consumption on or off the premises, but the holder may not sell liquor for consumption off the premises, or purchase or possess liquor on the premises in any size container smaller than 23 ounces or 680 milliliters.

                  (iii)      Application for this special permit shall be made not less than 30 days prior to the day on which the permit is to take effect.

                  (iv)      The annual fee for this special permit is $500.

      (i)      (1)      The provisions of this subsection apply only in Baltimore County.

            (2)      The Board of License Commissioners may issue multiple one-day alcoholic beverages licenses under this section to any bona fide nonprofit charitable organization that is tax exempt under § 501(c)(3) or (4) of the United States Internal Revenue Code.

            (3)      (i)      The applicant shall list, on the application for the license, the dates of the events for which a license is required.

                  (ii)      A multiple one-day alcoholic beverages license issued under this subsection may not include more than 12 dates.

            (4)      The Board of License Commissioners shall adopt regulations necessary for the implementation of this subsection.

      (j)      (1)      The provisions of this subsection apply only in Caroline County.

            (2)      The Board of License Commissioners may grant special licenses of any class, except manufacturer's and wholesaler's, which entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, or association.

            (3)      The license shall be in the form prescribed by the Board, and the applicant shall sign and swear to the license.

            (4)      The fee for each license is $50.

            (5)      Before a license is issued, the fee shall be paid to the Board for the use of the county.

            (6)      A special license may not be granted to any organization more than 12 times in any calendar year.

      (k)      (1)      The Carroll County Board of License Commissioners may grant special Class C beer, wine and liquor licenses which entitle the holder to exercise any of the privileges conferred by that class of license at any bona fide entertainment held or conducted by any Carroll County fire department.

            (2)      The license shall be in the form prescribed by the Board, and the applicant shall sign the license.

            (3)      The annual fee for a special license is as follows:

                  (i)      Up to 10 events per year - $125;

                  (ii)      Up to 20 events per year - $250;

                  (iii)      Up to 30 events per year - $375; and

                  (iv)      Up to 40 events per year - $500.

            (4)      The fee shall be paid before a license is issued.

            (5)      This special license may not be granted to any fire department more than one time in any year.

            (6)      The total number of days authorized by this special license may not exceed 40 in any calendar year.

            (7)      This subsection does not preclude a fire company from obtaining a single event special Class C license under other provisions of this section.

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

            (2)      In this subsection "Board" means the Board of License Commissioners.

            (3)      In this subsection, where action of the Board is required, a simple majority of the total number of the members of the Board may act in the following ways to give its approval or disapproval to an application for a special license:

                  (i)      A formal meeting, with a quorum present; or

                  (ii)      Oral or written contact by the chairman with each member of the Board. This contact may be by any method, including telephone or facsimile. If this approach is chosen, the chairman shall indicate in writing for the records of the Board how each member and the chairman voted.

            (4)      (i)      Upon approval of an application on a form prescribed by the Board, signed and sworn to, the Board may grant special licenses of any class, except manufacturer's and wholesaler's. The licensee may exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, or association at the place described in the license, upon the payment of the following fees:

                        1.      A beer or beer and light wine license - $10 per day; or

                        2.      A beer, wine and liquor license - $20 per day.

                  (ii)      The fee shall be paid to the Board for the use of the county before the license is issued.

                  (iii)      This special license may not be granted to any organization more than four times in any year, nor may the total number of days authorized by special licenses for any organization exceed four in a calendar year.

            (5)      The Board may not require the publication of an application for a special temporary alcoholic beverages license as a prerequisite to the granting of such a license.

            (6)      (i)      The Board may grant a special Class T license. The license shall be in the form prescribed by the Board. The applicant shall sign and swear to the license. The Class T license permits the holder to conduct wine tasting parties and demonstrations.

                  (ii)      The fee is $25 per day and shall be paid prior to the issuance of this license.

                  (iii)      This license may not be issued to any person more than four times in any calendar year. The total number of days authorized by the Class T license for any person may not exceed four in a calendar year.

            (7)      (i)      The Board may grant special licenses of any class, except manufacturer's and wholesaler's, which entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any Cecil County fire department. The license shall be in the form prescribed by the Board, and the applicant shall sign the license.

                  (ii)      The fee shall be paid before a license is issued and is:

                        1.      For any beer or beer and light wine license - $120 per year; or

                        2.      For any beer, wine and liquor license - $240 per year.

                  (iii)      This special license may not be granted to any fire department more than one time in any year. The total number of days authorized by this special license may not exceed 24 in any calendar year.

      (m)      (1)      This subsection applies only in Charles County.

            (2)      The Board of License Commissioners may issue a special Class D (on-sale) beer permit to any bona fide religious, fraternal, civic, veterans', hospital or charitable organization for a period not exceeding ten consecutive days from the effective date of the license, subject to any conditions the Board may impose on the issuance of this permit. The fee for this permit is $25.

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

            (2)      The Board of License Commissioners may grant a special license of any class, except for any license issued by the Comptroller, that entitles the holder to exercise any of the privileges conferred by that class at an event conducted by a club, society, association, or organization.

            (3)      A license shall be in the form provided by the Board, and the licensee shall sign the license.

            (4)      The fees are:

                  (i)      $15 per day for a beer license or a beer and light wine license; and

                  (ii)      $25 per day for a beer, wine and liquor license.

            (5)      An applicant shall pay the fee to the Board before a license is issued.

            (6)      A holder of a special license under this subsection may cater an event at the place described in the license on the effective days of the license.

            (7)      The Dorchester County Board of License Commissioners may not require the publication of an application for a special temporary alcoholic beverages license as a prerequisite to the granting of such a license.

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

            (2)      (i)      This paragraph:

                        1.      Permits sales for off-premises consumption only on the days permitted by the license for the special anniversary or special event; and

                        2.      Applies only to special anniversary or special event collectible bottles.

                  (ii)      After obtaining a license pursuant to this section, the following licensees may sell collectible bottles of wine or liquor:

                        1.      Special Class C beer and light wine; and

                        2.      Special Class C beer, wine and liquor.

            (3)      Notwithstanding any other restrictions imposed by this article, special licenses may be issued for the volunteer fire companies described in § 8-211(g) of this article.

      (p)      In Garrett County, there are 4 types of special Class C beer, beer and wine, or beer, wine and liquor licenses available, as follows:

            (1)      A special 2-day Class C license for a fee of $50;

            (2)      A special 6-day Class C license for a fee of $150;

            (3)      A special 12-day Class C license for a fee of $300; or

            (4)      A special multiple event Class C license under the following conditions:

                  (i)      The Board of License Commissioners may issue a special multiple event license to an organization that otherwise qualifies for a special Class C license;

                  (ii)      The annual fee for a special multiple event license is as follows:

                        1.      $125 for up to 5 events per year;

                        2.      $250 for up to 12 events per year;

                        3.      $375 for up to 18 events per year; and

                        4.      $500 for up to 24 events per year;

                  (iii)      The Board may not issue more than 1 special multiple event license to an organization in a license year;

                  (iv)      A special multiple event licensee shall notify the Board in writing at least 7 days before an event; and

                  (v)      The Board shall publish a notice for application for a special multiple event license one time at least 7 days before the hearing on the license.

      (q)      In Kent County, a special Class C beer license, a special Class C beer and wine license and a special Class C beer, wine and liquor license may be issued to any bona fide religious, fraternal, civic, veterans', hospital, or charitable club, society, association, or organization, for a period not exceeding 3 days. The fee for the special beer license is $5 per day, the fee for the special beer and wine license is $15 per day, and the fee for the special beer, wine and liquor license is $25 per day.

      (r)      (1)      This subsection applies only in St. Mary's County.

            (2)      There is a special Class C beer license, a special Class C beer and wine license, or a special Class C beer, wine and liquor license.

            (3)      The Board of License Commissioners may:

                  (i)      Issue a license listed in paragraph (2) of this subsection to a bona fide religious, fraternal, civic, veterans', hospital, or charitable club, society, association, or organization; and

                  (ii)      Impose conditions on the issuance of the license.

            (4)      The periods for which the licenses listed in paragraph (2) of this subsection may be issued are:

                  (i)      Special Class C beer license -- not exceeding 10 consecutive days from its effective date;

                  (ii)      Special Class C beer and wine license -- 1 day; and

                  (iii)      Special Class C beer, wine and liquor license -- 1 day.

            (5)      The fee for each license is $10.

            (6)      A holder of a special license under this subsection may purchase the alcoholic beverages to be sold under the special license from a retail dealer.

      (s)      (1)      This subsection applies only in Somerset County.

            (2)      The Board of License Commissioners may grant special licenses of any class except manufacturer's and wholesaler's licenses.

            (3)      The licenses entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, association, or civic or charitable organization.

            (4)      (i)      A special beer or beer and light wine license may be issued for up to 7 consecutive days.

                  (ii)      A special beer, wine and liquor license may be issued for up to 14 consecutive days.

            (5)      (i)      The fee for a special beer, beer and light wine, or beer, wine and liquor license is $50 for each license for an initial 2-day period.

                  (ii)      After the initial 2-day period, the fee for each additional day is $25.

            (6)      The fees shall be paid to the Board for the use of the county before the license is issued.

            (7)      The Board may not require the publication of an application for a special temporary alcoholic beverages license as a prerequisite to the granting of such a license.

      (t)      (1)      This subsection applies only in Washington County.

            (2)      (i)      There is a special Class C (on-sale) beer, wine and liquor license, which shall be issued solely to clubs having an annual on-sale beer, wine and liquor license. This special license entitles the licensee to sell alcoholic beverages at any place other than its regular place of business.

                  (ii)      The license permits sales for a period not to exceed five days.

                  (iii)      The daily fee is $30. There is no fee on Sunday.

            (3)      (i)      There is an additional special license, referred to locally as a "picnic" license. This license permits the club owner to sell only beer at any place other than the club owner's regular place of business.

                  (ii)      The license may be exercised only on Sundays between 12 noon and midnight notwithstanding daylight saving time.

                  (iii)      The license fee is $15 per each Sunday a "picnic" is held.

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

            (2)      (i)      The Board of License Commissioners may issue a special license to the holder of a 6-day Class B or Class C beer, wine and liquor license located in the county. The license permits the licensee to sell alcoholic beverages to bona fide conventions and such other special groups that are approved by the:

                        1.      Mayor and city council of the incorporated town (if any) in which the premises are located, if the mayor and city council elect to exercise this power; and

                        2.      Board of License Commissioners.

                  (ii)      The license permits consumption on the premises only on Sunday during the hours of 12:30 p.m. and 1:00 a.m. the following Monday, prevailing time.

                  (iii)      The holder of the license may exercise the privileges of the license at the time and place described in the license upon the payment of a fee.

                  (iv)      The daily license fee is $10.

                  (v)      Application for the permit shall be made not less than 10 days prior to the day upon which the permit is to be exercised.

            (3)      (i)      There is a special Sunday club license.

                  (ii)      The license may be issued to bona fide clubs which already hold a Class C beer, wine and liquor license.

                  (iii)      The additional fee is $10.

                  (iv)      A club may be issued no more than 20 special Sunday licenses during a calendar year.

                  (v)      Application for the license shall be made at least 14 days in advance to the Board of License Commissioners. The license is subject to the approval of application by the Board and subject also to other conditions, regulations and restrictions as established by the Board for the consumption of those alcoholic beverages on the premises.

            (4)      (i)      There is a nonprofit charitable organization license.

                  (ii)      The license is a multiple one-day alcoholic beverages license to any bona fide nonprofit charitable organization.

                  (iii)      The applicant shall specify the dates of the events for which the license will be used.

                  (iv)      A multiple one-day alcoholic beverages license may not include more than 12 dates.

            (5)      (i)      An alcoholic beverages license is not needed pursuant to the provisions of this paragraph of this subsection.

                  (ii)      1.      In this paragraph the following words have the meanings indicated.

                        2.      "Board" means the Board of License Commissioners.

                        3.      "Commission" means the Ocean City Convention Hall Commission.

                        4.      "Organization" includes the following bona fide, nonprofit groups:

                        A.      Armed services;

                        B.      Charitable;

                        C.      Civic;

                        D.      Employee;

                        E.      Firemen;

                        F.      Fraternal;

                        G.      Governmental-support;

                        H.      Hospital;

                        I.      Labor;

                        J.      Patriotic;

                        K.      Political;

                        L.      Professional;

                        M.      Religious;

                        N.      Trade; and

                        O.      War veterans.

                  (iii)      The Board, with the approval of the Commission or their successors, may permit the members and guests of any organization to bring their own alcoholic beverages onto the premises of the Hall without any type of alcoholic beverages license, if:

                        1.      These beverages are not sold; and

                        2.      Their consumption is restricted to the premises.

                  (iv)      The Board, with the approval of the Commission or their successors, may permit the Mayor and City Council of Ocean City or its designee to sponsor a function at which the patrons are permitted to bring their own alcoholic beverages onto the premises of the Hall without any type of alcoholic beverage license, if:

                        1.      These beverages are not sold; and

                        2.      Their consumption is restricted to the premises.

                  (v)      All licensees shall purchase all wines and liquors, except light wine and beer, from the Liquor Control Board. They shall be charged 85 percent of the retail price or any special sale price or discount price, whichever is lower, set by the Board for wines and liquors. However, the price the Board charges to the licensees may not be lower than 10 percent above the cost the Liquor Control Board must pay for the merchandise to wholesalers. All licensees may purchase beer and light wine from licensed wholesalers.

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

            (2)      The Liquor Control Board may grant a special Class C beer and wine license which entitles the holder to exercise any of the privileges conferred by that class of license at any bona fide entertainment held or conducted by any county fire department.

            (3)      The Board shall prescribe the form for the application and the applicant shall sign it. The fee shall be paid before the license is issued.

            (4)      The annual license fees are as follows for up to:

                  (i)      10 events per year......................................... $150;

                  (ii)      20 events per year......................................... $300;

                  (iii)      30 events per year......................................... $450; and

                  (iv)      40 events per year......................................... $600.

            (5)      A license may not be granted to a fire department more than one time in any year.

            (6)      The total number of days authorized by this special license may not exceed 40 in any calendar year.

            (7)      A licensee shall notify the Board in writing at least 7 days prior to each event.

            (8)      This subsection does not preclude a fire department from obtaining a single event special Class C license under other provisions of this section.



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