Md. Code, Alcoholic Beverages and Cannabis, Title 3

Md. Code, Alcoholic Beverages and Cannabis, Title 3
in effect

Md. Code, Alcoholic Beverages and Cannabis § 3-101

An application for a manufacturer’s license, wholesaler’s license, Class E (water vessel) license, Class F (railroad) license, Class G (airplane) license, or statewide caterer’s license shall be filed with the Executive Director.

Md. Code, Alcoholic Beverages and Cannabis § 3-104

(a) (1) If an application for a license is made for the use of a partnership, the license shall be issued to three individuals. (2) Each of the individuals shall qualify as: (i) an individual general partner; or (ii) if a general partner is a corporation, an officer of the corporation as an individual. (b) (1) If a partnership has fewer than three general partners, the names of each general partner shall be on the license. (2) Each of the three general partners or corporate officers shall: (i) be a resident of the State at the time the application is filed; and (ii) remain a resident of the State for the duration of time the license is in effect.

Md. Code, Alcoholic Beverages and Cannabis § 3-105

(a) This section applies to: (1) a corporation; and (2) a club, whether incorporated or unincorporated. (b) (1) Except as provided in subsections (c) and (d) of this section, a license on behalf of a corporation or club shall be applied for and issued to three officers of the corporation or club as individuals. (2) At least one of the three officers shall: (i) be a resident of the State at the time the application is filed; and (ii) remain a resident of the State for the duration of time the license is in effect. (c) If a corporation has fewer than three officers or directors, all officers or directors shall apply for a license. (d) In a close corporation, at least one individual stockholder may apply for a license if: (1) the close corporation does not have officers or directors; and (2) there is an affirmative vote of a majority of the stockholders. (e) An application for a corporation or a club license shall include: (1) the name and address of each officer; (2) the name and address of the corporation or club; and (3) the signatures of the president or vice president of the corporation or club and of the three officers to whom the license shall be issued.

Md. Code, Alcoholic Beverages and Cannabis § 3-106

(a) (1) A license for the use of a limited liability company shall be applied for and issued to, as individuals: (i) all of the authorized individuals, if the limited liability company has fewer than three authorized individuals; or (ii) three authorized individuals, if the limited liability company has three or more authorized individuals. (2) At least one of the authorized individuals shall: (i) be a resident of the State at the time the application is filed; and (ii) remain a resident of the State for the duration of time the license is in effect. (b) An application for a limited liability company license shall include: (1) the name, address, and signature of each authorized individual to whom the license shall be issued; and (2) the name and address of the limited liability company.

Md. Code, Alcoholic Beverages and Cannabis § 3-107

The Executive Director may retain from the license and permit fees that are collected an amount to pay for: (1) the cost of refunds issued in accordance with § 3–108(b) of this subtitle; and (2) the administrative expenses incurred by the Executive Director to discharge its duties under this article.

Md. Code, Alcoholic Beverages and Cannabis § 3-108

(a) Except as provided in subsection (b) of this section, a license holder is not entitled to a refund of the unearned portion of the license fee. (b) A refund shall be issued to a license holder on surrender of the license if: (1) receivership or bankruptcy of the business entity on whose behalf the license was issued occurs and a license transfer is not requested, with the refund issued for the benefit of the creditors of the license holder; (2) the license holder dies, with the refund issued for the benefit of the estate of the deceased license holder; (3) the license holder volunteers for or has been called into the armed forces of the United States or the organized State militia; (4) the license holder surrenders a license and obtains a new license of another class carrying a higher fee, with the refund deducted from the higher fee; (5) the license holder, against whom charges are pending when the license is renewed, is found guilty and the license is revoked, with the refund issued to the license holder in an amount based on the date that the revocation becomes final; (6) the issuance of a license by the Executive Director is reversed on judicial review and the operation of the establishment is prohibited, with the refund issued to the license holder in an amount based on the date that the refusal to grant the renewal becomes final; or (7) the licensed premises is taken by the federal government, the State, or a municipality for public use.

Md. Code, Alcoholic Beverages and Cannabis § 3-109

(a) This section does not apply to temporary or miscellaneous licenses. (b) The fee for a license issued for less than 1 year is: (1) the full annual license fee, if the license is issued during the first quarter of the license year; (2) three–fourths of the annual license fee, if the license is issued during the second quarter of the license year; (3) one–half of the annual license fee, if the license is issued during the third quarter of the license year; and (4) one–fourth of the annual license fee, if the license is issued during the fourth quarter of the license year.

Md. Code, Alcoholic Beverages and Cannabis § 3-201

(a) The Executive Director shall issue each license that applies statewide. (b) A license may not be issued to a partnership, corporation, or limited liability company but only to an individual authorized to act for a partnership, corporation, or limited liability company. (c) A license holder shall assume all responsibilities as an individual and be subject to all penalties, conditions, and restrictions imposed on license holders under this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.

Md. Code, Alcoholic Beverages and Cannabis § 3-202

(a) On receipt of an application, the Executive Director shall order an investigation of: (1) the applicant; (2) the business to be operated; and (3) the statements presented in the license application. (b) On completion of the investigation, the Executive Director shall deny the license application: (1) if the Executive Director determines that the applicant: (i) is not a fit person to receive the license; (ii) made a material false statement in the application; or (iii) acted fraudulently in connection with the application; or (2) for other reasons that the Executive Director considers sufficient. (c) If the Executive Director does not find cause to deny the license, the Executive Director shall approve the application and issue the license. (d) (1) In addition to any license fee otherwise required under this article, an applicant for the initial issuance of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2 or 3 of this article shall pay to the Executive Director a nonrefundable application fee of $200. (2) The application fee under this subsection does not apply to a license for which payment of an annual license fee is not otherwise required under this article.

Md. Code, Alcoholic Beverages and Cannabis § 3-205

A license issued by the Executive Director: (1) is not property and does not confer property rights; and (2) is subject to: (i) suspension, revocation, and restrictions authorized by law; and (ii) regulations authorized under this article.

Md. Code, Alcoholic Beverages and Cannabis § 3-206

(a) The Executive Director may issue a replacement license to a license holder whose license is lost or destroyed on receiving: (1) an application under oath; and (2) payment of a $1 fee. (b) On the replacement license, the word “replacement” shall appear with all of the information that appeared on the original license.

Md. Code, Alcoholic Beverages and Cannabis § 3-207

(a) Except as provided in subsection (b) of this section: (1) if a license is denied, another license application may not be considered from the same applicant or for the same location for 6 months after the denial; and (2) if a subsequent application by the same applicant or for the same location is denied within a 2–year period immediately after the first denial, another application may not be considered from that applicant or for that location until the 2–year period expires. (b) This section does not apply to: (1) an applicant, if the license was denied because it was not necessary to accommodate the public or the location was not suitable for the sale of alcoholic beverages; or (2) the location, if the license was denied because the Executive Director determined that the applicant was not a proper person to be issued the license.

Md. Code, Alcoholic Beverages and Cannabis § 3-301

(a) Subject to subsection (b) of this section, a license holder or a receiver or trustee for the benefit of creditors may: (1) transfer the license holder’s place of business to some other location; or (2) transfer the license and the license holder’s inventory to another person. (b) A transfer under subsection (a) of this section may be made if: (1) an application for the transfer has been made; (2) all sales and use, amusement, admission, and withholding taxes have been paid to the Comptroller; (3) a bulk transfer permit has been obtained if the inventory of alcoholic beverages is to be transferred: (i) in any manner, including by sale, gift, inheritance, and assignment; and (ii) regardless of whether consideration is paid; and (4) the Executive Director approves the new location or license holder in the same way the Executive Director approves the issuance of a license. (c) An applicant may apply for a transfer of location and a transfer of ownership in the same application.

Md. Code, Alcoholic Beverages and Cannabis § 3-302

The Executive Director may not allow the transfer of a license until the transferor has: (1) complied with the Bulk Transfers Act under Title 6 of the Commercial Law Article; and (2) provided to the Executive Director an affidavit that certifies compliance with the Bulk Transfers Act.

Md. Code, Alcoholic Beverages and Cannabis § 3-303

(a) An applicant shall pay to the Executive Director a fee of $20, in addition to the costs of publication and notice, when filing an application for the transfer of a license. (b) The Executive Director shall endorse on the license the transfer of the license if the applicant has paid the fee required under subsection (a) of this section.

Md. Code, Alcoholic Beverages and Cannabis § 3-304

(a) For a license issued by the Executive Director for the use of a corporation or club, the license holder may substitute on the license the name of a different officer for the name of any officer who: (1) has died; (2) has retired; or (3) no longer holds an office in the corporation or club. (b) The license holder shall file with the Executive Director an affidavit that contains: (1) the substitution of the officer; (2) an explanation for the substitution; and (3) in the case of a corporation, a statement that the ownership of the corporation has not changed. (c) On receipt of the affidavit and after determining that the applicant qualifies under this article, the Executive Director shall: (1) amend its records; and (2) issue a corrected license.

Md. Code, Alcoholic Beverages and Cannabis § 3-401

(a) Subject to §§ 3–405 and 3–406 of this subtitle, a holder of an expiring license is entitled to an annual license renewal: (1) on the approval of the license renewal application by the Executive Director; (2) on payment of the annual license fee; and (3) without filing or providing more information unless specifically requested by the Executive Director. (b) Except as provided in §§ 3–406(a) and 3–407(c) of this subtitle, the Executive Director shall consider an application for license renewal in the same manner as for an original application. (c) (1) In addition to any license fee otherwise required under this article, an applicant for renewal of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2 or 3 of this article shall pay to the Executive Director a renewal fee of $30. (2) The renewal fee under this subsection does not apply to a license for which payment of an annual license fee is not otherwise required under this article.

Md. Code, Alcoholic Beverages and Cannabis § 3-404

(a) To be approved, a license renewal application shall: (1) state whether the facts in the original application have changed and, if so, the manner in which the facts have changed; and (2) be accompanied by a statement signed by the owner of the licensed premises consenting to: (i) renewal of the license; and (ii) search and seizure in the same manner as for an original application. (b) The Executive Director may not require the consent statement under subsection (a)(2) of this section for a retail dealer applying for renewal if: (1) the owner signed a comparable consent statement in connection with an original or previous license renewal application; (2) the consent statement under item (1) of this subsection is in effect for the term of the owner’s lease with the applicant; and (3) the lease does not expire during the term of the license renewal.

Md. Code, Alcoholic Beverages and Cannabis § 3-405

(a) A protest against a license renewal may be made by at least 10 signatories who are: (1) residents, commercial tenants who are not holders of or applicants for a license, or real estate owners; and (2) located in the immediate vicinity of the licensed premises. (b) (1) If a protest against renewing a license is filed at least 30 days before the license expires, the Executive Director may not approve the renewal without holding a hearing. (2) The Executive Director shall hear and determine the protest in the same manner as the Executive Director hears and determines an original application.

Md. Code, Alcoholic Beverages and Cannabis § 3-406

(a) The Executive Director: (1) may not renew a license if the Executive Director determines that the license holder is not qualified to obtain a license renewal; but (2) shall issue to the license holder by way of renewal the class or type of license for which the Executive Director determines the license holder is qualified. (b) (1) Subject to paragraph (2) of this subsection, the Executive Director shall deny a license renewal application if during the license year the license holder was convicted of a State or federal offense that, in the judgment of the Executive Director, renders the license holder unfit or unqualified to obtain a renewed license. (2) The Executive Director: (i) shall hold a public hearing before renewing a license under the circumstances described in paragraph (1) of this subsection; and (ii) may inquire into all relevant facts and circumstances concerning the offense at the hearing.

Md. Code, Alcoholic Beverages and Cannabis § 3-407

(a) The Executive Director may issue renewed licenses for the following license year between April 15 and May 1, inclusive. (b) All renewed licenses shall be dated May 1. (c) If an expiring license is subject to an order of restriction or suspension, the Executive Director shall issue the corresponding license renewal subject to the same order.

Md. Code, Alcoholic Beverages and Cannabis § 3-501

A license holder may store or keep alcoholic beverages only: (1) on the premises covered by the license; or (2) at a public warehouse, a government–controlled warehouse, or an individual warehouse for which a permit has been issued under this article.

Md. Code, Alcoholic Beverages and Cannabis § 3-502

(a) A retail dealer may not employ a solicitor or salesperson outside the licensed premises to solicit orders for the sale of alcoholic beverages. (b) The sale of alcoholic beverages may not occur outside the licensed premises. (c) This section does not prohibit: (1) receiving orders by mail, telephone, or messenger; (2) the filling of orders by delivery; or (3) the payment for orders at the place of delivery.

Md. Code, Alcoholic Beverages and Cannabis § 3-503

(a) An individual under the age of 18 years may not be engaged in the sale of alcoholic beverages. (b) (1) Except as provided in paragraph (2) of this subsection, an individual between the ages of 18 and 21 years may be employed in the sale of beer and light wine. (2) An individual under the age of 21 years may not be employed by a holder of a Class D beer, wine, and liquor license in the sale of alcoholic beverages. (c) An individual at least 18 years old may be employed by a holder of a Class A license to operate a lottery ticket terminal.

Md. Code, Alcoholic Beverages and Cannabis § 3-504

(a) In this section, “alcohol awareness program” means a program that: (1) includes instruction on how alcohol affects an individual’s behavior and body; (2) provides education on the dangers of drinking and driving; and (3) defines effective methods to: (i) determine whether a customer is under the legal drinking age; (ii) serve customers to minimize the chance of intoxication; and (iii) stop service before a customer becomes intoxicated. (b) (1) This section applies to: (i) a licensed premises that sells alcoholic beverages to a customer from a bar or service bar on the premises; and (ii) a premises licensed to sell alcoholic beverages for off–premises consumption. (2) This section does not apply to: (i) a temporary license; (ii) a Class E (on–sale) water vessel license; (iii) a Class F (on–sale) railroad license; or (iv) a Class G (on–sale) airplane license. (c) The Executive Director: (1) shall approve, certify, and issue an alcohol awareness program permit to each alcohol awareness program that complies with this section; and (2) may require recertification of the approved alcohol awareness program to ensure compliance with changes in the program. (d) Before an individual may teach an alcohol awareness program, the individual shall obtain an alcohol awareness instructor’s permit. (e) A holder of any retail alcoholic beverages license or an employee designated by the holder shall complete training in an approved alcohol awareness program. (f) (1) (i) For each completion of a certified alcohol awareness program, the alcohol awareness program provider shall issue a certificate of completion that is valid for 4 years from the date of issuance. (ii) The holder or employee shall complete retraining in an approved alcohol awareness program for each successive 4–year period. (iii) On request, a valid certificate shall be presented to the proper authority. (2) Within 5 days after a license holder, an owner of an unlicensed establishment, or an employee of a license holder or owner of an unlicensed establishment is sent a certificate of completion, the alcohol awareness program provider shall inform the appropriate local licensing board of: (i) the individual’s name, address, and certification date; and (ii) the name and address of the licensed establishment or unlicensed establishment. (g) The Executive Director may decertify the alcohol awareness program of an alcohol awareness program provider who violates subsection (c), (d), or (f) of this section. (h) (1) Each local licensing board shall enforce this section. (2) A license holder who violates subsection (e) of this section is subject to: (i) for the first offense, a $100 fine; and (ii) for each subsequent offense, a fine not to exceed $500 or a suspension or revocation of the license or both. (i) (1) This section does not create or enlarge a civil cause of action or criminal proceeding against a license holder. (2) Evidence of a violation of this section: (i) may only be used as evidence before the local licensing board in an action brought before the local licensing board for a violation of this section; and (ii) may not be introduced in a civil or criminal proceeding.

Md. Code, Alcoholic Beverages and Cannabis § 3-505

(a) A license holder or an employee of the license holder may require an individual to sign a book that the license holder keeps if: (1) the individual has shown documentary evidence that substantiates the individual’s age to allow the purchase of alcoholic beverages; and (2) the age of the individual remains in question. (b) (1) The book authorized under subsection (a) of this section shall contain copies of the following form: Date............... 20.... To Be Filled in by Seller x x IDENTIFICATION (CHECK ALL SHOWN) x Driver’s License ? Army I.D. Card ? Birth Certificate ? Coast Guard I.D. Card ? Service Discharge ? Marine I.D. Card ? Draft Card ? Navy I.D. Card ? Air Force I.D. Card ? Other (Specify) x x x DESCRIPTION OF PURCHASER x Height Weight x Color of Eyes Color of Hair x Outstanding Features x x x x x Seller’s Signature x x x To Be Filled in by Prospective Purchaser I declare I am of legal age to purchase fermented malt beverages or intoxicating liquor, and that I am subject to arrest and prosecution for misrepresenting my age. Print full name x Street address x City State x Signature x (2) The license holder or an employee of the license holder shall record all information required by each section of the form.

Md. Code, Alcoholic Beverages and Cannabis § 3-506

(a) This section does not apply to: (1) the delivery of wine from a direct wine shipper to a consumer using a common carrier in accordance with Title 2, Subtitle 1, Part V of this article; or (2) the holder of a common carrier permit in the course of delivering directly shipped wine in accordance with Title 2, Subtitle 1, Part V of this article. (b) Retail delivery to a purchaser of alcoholic beverages is prohibited unless: (1) a retail license holder obtains a letter of authorization from the local licensing board to make deliveries; and (2) the delivery is made from the licensed premises by the retail license holder or an employee of the retail license holder.

Md. Code, Alcoholic Beverages and Cannabis § 3-507

(a) A license holder shall frame the license under glass and display the license conspicuously in the licensed premises. (b) A Class F license shall be kept in the chief operating office of the corporation in the State.

Md. Code, Alcoholic Beverages and Cannabis § 3-602

(a) Revocation or suspension procedures may be started: (1) by the Executive Director, at the Executive Director’s initiative; (2) on the complaint of a deputy or an inspector that the Executive Director employs to administer this article; (3) on the complaint of a peace officer; (4) if the license holder or permit holder is located in a municipality that is within a county, on the complaint of the mayor and council of the municipality; or (5) on the written complaint of at least 10 residents, real estate owners, or voters of the precinct in which the licensed premises is located. (b) Subject to subsection (c) of this section, a license holder or permit holder against whom proceedings under this section are brought shall: (1) be entitled to a hearing on the charges in the complaint; and (2) receive notice of the hearing at least 10 days before the hearing date. (c) The Executive Director may immediately suspend a license or permit for a violation of record–keeping or reporting requirements under § 1–408 of this article.

Md. Code, Alcoholic Beverages and Cannabis § 3-603

(a) The Executive Director may revoke or suspend a license or permit: (1) for any reason to promote the peace or safety of the community in which the premises are located; or (2) for offenses as provided in this article. (b) The Executive Director shall revoke a license or permit or, except as provided in § 3–606 of this subtitle, suspend a license or permit for: (1) conviction of the license holder or permit holder for violation of this article or a provision of the Tax – General Article that relates to the alcoholic beverage tax; (2) willful failure or refusal of the license holder or permit holder to comply with: (i) this article or provisions of the Tax – General Article that relate to the alcoholic beverage tax; or (ii) a regulation adopted under this article or under provisions of the Tax – General Article that relate to the alcoholic beverage tax; (3) making a material false statement in an application for a license or permit; (4) two or more convictions within 2 years of an agent or employee of a license holder or permit holder for on–premises violations of this article or provisions of the Tax – General Article that relate to the alcoholic beverage tax; (5) on–premises possession by a retail dealer, other than a holder of a Class E, Class F, or Class G license, of an alcoholic beverage on which the tax imposed by § 5–102 of the Tax – General Article has not been paid; (6) violation of § 2–216 or § 2–315 of this article; (7) willful failure of a license holder or permit holder to: (i) keep the records required under this article or under provisions of the Tax – General Article that relate to the alcoholic beverage tax; or (ii) allow inspection of the records by an authorized person; (8) on–premises possession of an alcoholic beverage that a license holder or permit holder, other than a holder of a Class E, Class F, or Class G license, is not licensed to sell; (9) revocation or suspension of a permit issued to a license holder or permit holder by the federal Alcohol and Tobacco Tax and Trade Bureau or for conviction of violating a federal law relating to alcoholic beverages; (10) failure to furnish bond as required by this article within 15 days after notice from the Comptroller; and (11) violation of § 3–604 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 3-604

(a) (1) Except as provided in paragraph (2) of this subsection, the Executive Director shall revoke a license or permit if, after a hearing under § 3–602(b) of this subtitle, an activity listed in this section is found to have occurred on the licensed premises. (2) The license or permit of a person may not be revoked under paragraph (1) of this subsection if: (i) the person operates a theater, a concert hall, an art center, a museum, or a similar establishment that is primarily devoted to the arts or theatrical performances; and (ii) the performances express matters of serious literary, artistic, scientific, or political value. (b) An individual may not: (1) be employed or used in the sale or service of alcoholic beverages in or on the licensed premises while the individual is unclothed or in attire, costume, or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals; (2) be employed or act as a hostess or act in a similar capacity to mingle with the patrons while the hostess or individual acting in a similar capacity is unclothed or in attire, costume, or clothing described in item (1) of this subsection; (3) encourage or allow an individual on the licensed premises to caress or fondle the breasts, buttocks, anus, or genitals of another individual; or (4) allow an employee or other individual to wear or use a device or covering exposed to view that simulates any portion of the breast, genitals, anus, or pubic hair. (c) With respect to entertainment provided, a person may not: (1) allow an individual to perform an act of or an act that simulates: (i) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law; (ii) the caressing or fondling of the breast, buttocks, anus, or genitals; or (iii) the display of the pubic hair, anus, vulva, or genitals; (2) subject to item (1) of this subsection, allow an entertainer whose breasts or buttocks are exposed to perform closer than 6 feet from the nearest patron; or (3) allow an individual to use an artificial device or inanimate object to depict, perform, or simulate an activity prohibited under item (1) of this subsection. (d) A person may not show a motion picture, a still picture, an electronic reproduction, or any other visual reproduction depicting: (1) an act or a simulated act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law; (2) an individual being caressed or fondled on the breast, buttocks, anus, or genitals; (3) a scene in which an individual displays the vulva, anus, or genitals; or (4) a scene in which an artificial device or inanimate object is used to depict, or a drawing is used to portray, a prohibited act described in this subsection. (e) A person may not allow an individual to remain in or on the licensed premises who exposes to public view any portion of the individual’s genitals or anus. (f) This section does not allow any conduct or form of attire prohibited by any other statute, ordinance, rule, or regulation.

Md. Code, Alcoholic Beverages and Cannabis § 3-605

(a) After revoking a license or permit, the Executive Director: (1) may not issue another license or permit to the person whose license or permit is revoked; (2) may not issue any license or permit for the same premises for 6 months after the revocation; and (3) may decide not to issue another license or permit for the same premises. (b) If the license or permit was held on behalf of a corporation, a partnership, or an unincorporated association, another license or permit may not be obtained on behalf of the corporation, partnership, or unincorporated association to sell alcoholic beverages on the same premises for 6 months after the revocation.

Md. Code, Alcoholic Beverages and Cannabis § 3-606

(a) Before the effective date of a suspension of a license or permit, the license holder or permit holder may make an offer of compromise consisting of money in lieu of serving the suspension. (b) An offer of compromise may not exceed: (1) $2,000 for retail license holders; and (2) $50,000 for other license holders and permit holders. (c) The Executive Director may accept the offer of compromise if: (1) the public welfare and morals would not be impaired by allowing the license holder or permit holder to operate during the period set for the suspension; and (2) the payment of the money will achieve the desired disciplinary purposes. (d) Money in lieu of suspension shall be paid into the General Fund of the State.

Md. Code, Alcoholic Beverages and Cannabis § 3-701

(a) A license expires on the death of a license holder, subject to Subtitle 8 of this title. (b) Except as otherwise provided in this subtitle, a license issued by the Executive Director expires on the 10th day after a license holder has vacated or been evicted from the licensed premises.

Md. Code, Alcoholic Beverages and Cannabis § 3-702

Section 3–701 of this subtitle does not apply if an application is pending or has been approved for: (1) a transfer of a license to another location or another person, subject to Subtitle 3 of this title; or (2) a certificate of permission, subject to § 3–802 of this title.

Md. Code, Alcoholic Beverages and Cannabis § 3-703

A license issued by the Executive Director for a premises acquired for public use shall expire 180 days after acquisition unless an application is pending or has been approved for: (1) a transfer of the license to another location or another person, subject to Subtitle 3 of this title; or (2) a certificate of permission or a renewal license for continuation of business, subject to § 3–802 of this title.

Md. Code, Alcoholic Beverages and Cannabis § 3-802

(a) Except as provided in § 2–408 of this article, on application to the Executive Director and payment of a fee of $1 by the personal representative or special administrator of the estate of a deceased license holder, the Executive Director may grant a certificate of permission for the continuation of the business in the name of the personal representative or special administrator for the benefit of the estate of the deceased license holder. (b) (1) The certificate of permission may be granted for a period not exceeding 18 months after the date of the granted permission unless the license expires earlier. (2) If the license expires earlier than 18 months after the date of the granted permission, the Executive Director may issue a renewal license on application by the personal representative or special administrator for a period not exceeding 18 months after the death of the license holder.

Md. Code, Alcoholic Beverages and Cannabis § 3-803

(a) The personal representative or special administrator to whom a certificate of permission has been granted may apply to the Executive Director for the transfer of the license for the benefit of the estate of the license holder. (b) On approval of the application for transfer of the license and payment of the balance of any license fee due until the expiration of the license year, the license is reinstated.

Md. Code, Alcoholic Beverages and Cannabis § 3-804

(a) On payment of a pro rata license fee for the period of continuation, a certificate of permission and a renewal license are subject to the right of protest, revocation, suspension, and restriction. (b) During the period of continuation, the renewal license and the personal representative or special administrator of the estate of the deceased license holder are subject to this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.

Md. Code, Alcoholic Beverages and Cannabis § 3-805

The personal representative or special administrator of the deceased license holder may apply for and obtain any refund to which the deceased license holder would have been entitled if the license had been surrendered for cancellation on the date of the license holder’s death if: (1) the business of the license holder is not continued under § 3–802 of this subtitle; and (2) the license is not transferred under § 3–803 of this subtitle.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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