Md. Code, Alcoholic Beverages and Cannabis, Title 28

Md. Code, Alcoholic Beverages and Cannabis, Title 28
in effect

Md. Code, Alcoholic Beverages and Cannabis § 28-101

(a) In this title: (1) the definitions in § 1–101 of this article apply without exception or variation; and (2) the following words have the meanings indicated. (b) “Board” means the Board of License Commissioners for St. Mary’s County. (c) “County” means St. Mary’s County. (d) “Taxpayer” means a resident who pays real estate or income tax to the county.

Md. Code, Alcoholic Beverages and Cannabis § 28-103

The County Commissioners may regulate by ordinance the consumption of alcoholic beverages on public property, including buildings, grounds, streets, highways, alleys, sidewalks, and other structures or roads on land in the county owned by: (1) the county; (2) the county board of education; or (3) the State.

Md. Code, Alcoholic Beverages and Cannabis § 28-104

A copy of any legislation concerning alcoholic beverages enacted by the County Commissioners under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.

Md. Code, Alcoholic Beverages and Cannabis § 28-202

(a) (1) The Governor shall appoint five members to the Board, subject to the advice and consent of the Senate. (2) Of the five members: (i) one shall be appointed from each of the County Commissioner districts; and (ii) one shall be appointed at large. (b) A member of the Board shall be: (1) (i) of good moral character and integrity; and (ii) at least 21 years old; and (2) except for the at–large member, a resident of the County Commissioner district at the time of appointment and during the term of office. (c) (1) In this subsection, “direct or indirect interest” means an interest that is proprietary or obtained by a loan, mortgage, or lien. (2) A member of the Board may not: (i) have a direct or indirect interest in or on a premises where alcoholic beverages are manufactured or sold; (ii) have a direct or indirect interest in a business wholly or partly devoted to the manufacture or sale of alcoholic beverages; (iii) own stock in: 1. a corporation that has a direct or indirect interest in a premises where alcoholic beverages are manufactured or sold; or 2. a business wholly or partly devoted to the manufacture or sale of alcoholic beverages; or (iv) hold any elective public office or position of public employment. (3) A person who violates this subsection is guilty of a misdemeanor and is subject to a fine not exceeding $1,000. (d) (1) The term of a member is 4 years. (2) Except as provided in subsection (e) of this section, a member may serve a maximum of two consecutive terms. (3) The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016. (e) A member who is appointed to fill a vacancy serves only for the remainder of the term and is eligible to serve the next consecutive term if otherwise qualified and appointed. (f) (1) The Governor may remove a member for misconduct in office, incompetence, or willful neglect of duty required by law. (2) The Governor shall give a member who is charged a copy of the charges against the member and, with at least 10 days’ notice, an opportunity to be heard publicly in person or by counsel. (3) If a member is removed, the Governor shall file with the Office of the Secretary of State a statement of charges against the member and the Governor’s findings on the charges.

Md. Code, Alcoholic Beverages and Cannabis § 28-204

(a) A majority of the members then serving on the Board is a quorum. (b) (1) The Board shall meet at least once a month. (2) Each hearing that the Board holds shall be open to the public. (c) The County Commissioners shall: (1) set the annual salary for the chair and each other member of the Board; and (2) provide for the reasonable and necessary expenses of the Board. (d) Subject to this section and § 28–206 of this subtitle, the Board may: (1) employ: (i) a secretary; (ii) inspectors; and (iii) clerical and other assistants as are necessary; and (2) set the compensation of the employees. (e) (1) The Board shall appoint an attorney. (2) The County Commissioners shall set the annual salary for the attorney. (f) (1) The Board shall appoint an administrator. (2) The administrator shall carry out the duties assigned by the Board. (3) The County Commissioners: (i) shall set the salary of the administrator; and (ii) may assign clerical assistants to discharge the duties of the Board.

Md. Code, Alcoholic Beverages and Cannabis § 28-206

(a) The Board shall appoint an inspector. (b) An inspector shall: (1) possess the power of a peace officer in the State arising out of or relating to the enforcement of this article; and (2) carry out the duties that the Board requires. (c) The County Commissioners shall set the salary of the inspector.

Md. Code, Alcoholic Beverages and Cannabis § 28-207

The Board may regulate the playing time and noise level of live music, a mechanical music box, or a sound making device on licensed premises if the sound disturbs the peace, tranquility, safety, and health of the surrounding neighborhood.

Md. Code, Alcoholic Beverages and Cannabis § 28-401

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county without exception or variation: (1) § 2–201 (“Issuance by Comptroller”); (2) § 2–203 (“Class 9 limited distillery license”); (3) § 2–204 (“Class 2 rectifying license”); (4) § 2–205 (“Class 3 winery license”); (5) § 2–206 (“Class 4 limited winery license”); (6) § 2–207 (“Class 5 brewery license”); (7) § 2–209 (“Class 7 micro–brewery license”); (8) § 2–210 (“Class 8 farm brewery license”); (9) § 2–211 (“Residency requirement”); (10) § 2–212 (“Additional licenses”); (11) § 2–213 (“Additional fees”); (12) § 2–214 (“Sale or delivery restricted”); (13) § 2–215 (“Beer sale on credit to retail dealer prohibited”); (14) § 2–216 (“Interaction between manufacturing entities and retailers”); (15) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and (16) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”). (b) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county: (1) § 2–202 (“Class 1 distillery license”), subject to § 28–403 of this subtitle; and (2) § 2–208 (“Class 6 pub–brewery license”), subject to § 28–404 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-403

(a) The Board may grant an on–site consumption permit for use at the location of the Class 1 distillery license to a holder of a Class 1 distillery license in the county. (b) An application for a permit shall be made at least 30 days before the day when the permit is to take effect. (c) The annual permit fee is $650.

Md. Code, Alcoholic Beverages and Cannabis § 28-502

Except as provided in § 28–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.

Md. Code, Alcoholic Beverages and Cannabis § 28-503

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day. (b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.

Md. Code, Alcoholic Beverages and Cannabis § 28-601

(a) There is a Class A beer license. (b) (1) The license authorizes the license holder to sell beer at retail to consumers at the place described in the license. (2) The license holder shall sell the beer in a sealed package or container. (3) The package or container may not be opened and its contents may not be consumed on the premises where the beer was sold. (c) The annual license fee is $200.

Md. Code, Alcoholic Beverages and Cannabis § 28-604

(a) There is a Class D beer license. (b) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer at retail at the place described in the license for on– and off–premises consumption. (2) A license may not be issued for a drugstore. (c) The annual license fees are: (1) $200 for a 6–day license; and (2) $250 for a 7–day license.

Md. Code, Alcoholic Beverages and Cannabis § 28-701

(a) There is a Class A wine license in the county. (b) The license may be issued to a holder of a Class 4 limited winery license. (c) (1) The license authorizes the license holder to sell at retail at the place described in the license wine produced at the winery. (2) Wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises. (d) The annual license fee is $50.

Md. Code, Alcoholic Beverages and Cannabis § 28-802

(a) There is a Class A–3 beer and wine license. (b) (1) The license authorizes the license holder to sell beer and wine at retail at the place described in the license. (2) The license holder shall sell the beer and wine in a sealed package or container. (3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or wine is sold. (c) The annual license fee is $350.

Md. Code, Alcoholic Beverages and Cannabis § 28-803

(a) There is a Class B beer and wine license. (b) The license authorizes the license holder to sell beer and wine at a hotel or restaurant at retail at the place described in the license, for on– and off–premises consumption. (c) The annual license fee is $400.

Md. Code, Alcoholic Beverages and Cannabis § 28-901

(a) There are: (1) a Class A–1 beer, wine, and liquor 7–day license; and (2) a Class A–2 beer, wine, and liquor 6–day license. (b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license. (2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises. (c) The license may not be issued for a drugstore unless the applicant: (1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license; (2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or (3) has been engaged in the retail drug business for at least 3 years. (d) The annual license fees are: (1) $400 for a Class A–1 7–day license; and (2) $300 for a Class A–2 6–day license.

Md. Code, Alcoholic Beverages and Cannabis § 28-902

(a) There is a Class B beer, wine, and liquor hotel/restaurant license. (b) The Board may issue the license for use by a hotel that: (1) accommodates the public and provides service ordinarily found in hotels; and (2) has: (i) at least 25 rooms; (ii) a lobby with a registration and mail desk and seating facilities; and (iii) a dining room that serves full–course meals at least twice daily. (c) The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption at retail at the place described in the license. (d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under § 28–2004(b) of this title. (e) The annual license fee is $1,000.

Md. Code, Alcoholic Beverages and Cannabis § 28-903

(a) There is a Class B beer, wine, and liquor restaurant license. (b) The license authorizes the license holder to sell beer, wine, and liquor at a restaurant at retail at the place described in the license for on– and off–premises consumption. (c) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under § 28–2004(b) of this title. (d) The annual license fee is $650.

Md. Code, Alcoholic Beverages and Cannabis § 28-904

(a) There is a Class C beer, wine, and liquor license. (b) The Board may issue the license for use by a nonprofit organization or club that: (1) is composed only of members who have served in the armed forces of the United States in a war in which the United States has been engaged; (2) operates only for its members and guests accompanied by members; and (3) meets in a clubhouse that is principally used for club purposes. (c) The license authorizes the license holder to sell beer, wine, and liquor at retail at a club at the place described in the license for on–premises consumption. (d) The annual license fee is $350.

Md. Code, Alcoholic Beverages and Cannabis § 28-905

(a) There are: (1) a Class D beer, wine, and liquor 6–day license; and (2) a Class D beer, wine, and liquor 7–day license. (b) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on– and off–premises consumption. (c) The license may not be issued for use by a drugstore. (d) The annual license fees are: (1) $250 for a 6–day license; and (2) $650 for a 7–day license.

Md. Code, Alcoholic Beverages and Cannabis § 28-1001

(a) There is an art establishment license. (b) The Board may issue the license for use by a for–profit retail business that is engaged in: (1) the display, sale, or demonstration of original art by an individual artist or a group of artists; or (2) the instruction of participating clients in creating art. (c) (1) Subject to paragraph (2) of this subsection, a holder of the license may sell or serve beer and wine at retail for on–premises consumption. (2) Beer or wine may not be sold or served after 10 p.m. (d) The license authorizes the license holder to sell or serve to a participating client or customer not more than two 12–ounce offerings of beer or two 5–ounce offerings of wine. (e) The license may not be transferred from the location for which the license was originally issued to another location. (f) A business for which the license is issued is subject to the alcohol awareness training requirements under § 4–505 of this article. (g) The annual license fee is $300.

Md. Code, Alcoholic Beverages and Cannabis § 28-1002

(a) There is a beauty salon beer and wine license. (b) The Board may issue the license to a person who holds a beauty salon permit under § 5–501 of the Business Occupations and Professions Article. (c) The license authorizes the license holder to sell or serve not more than two 12–ounce offerings of beer or two 5–ounce offerings of wine for on–premises consumption by a beauty salon customer while the customer undergoes a cosmetology procedure listed under § 5–101(n)(1) of the Business Occupations and Professions Article. (d) The license may not be transferred to another location. (e) A holder of the license may sell or serve beer and wine for on–premises consumption during normal business hours but not later than 9 p.m. (f) An establishment for which the license is issued is subject to the alcohol awareness training requirements under § 4–505 of this article. (g) The annual license fee is $300.

Md. Code, Alcoholic Beverages and Cannabis § 28-1003

(a) This section applies only to a golf course that is: (1) on land that is owned by the county; and (2) operated by a county golf course manager or a golf course manager under a management agreement with the county. (b) There is a Class M–G beer, wine, and liquor license. (c) The Board may issue the license to a golf course manager. (d) The license authorizes the license holder to sell beer, wine, and liquor for consumption on the land and in the facilities used for golfing purposes. (e) (1) The license holder may designate an agent to sell beer, wine, and liquor at the golf course. (2) The agent shall be considered the vendor for collecting and remitting the sales and use tax. (f) On request of the county, the Board may transfer a Class M–G license to a different golf course manager. (g) The Board shall adopt regulations to carry out this section. (h) The annual license fee is $600.

Md. Code, Alcoholic Beverages and Cannabis § 28-1004

(a) In this section, “nonprofit performing arts theater” means an area, a building, or a structure designed and used for plays, acts, dramas, concerts, or similar events by individuals performing on a stage. (b) There is a nonprofit performing arts theater beer and wine license. (c) (1) The Board may issue the license for use on the premises of a performing arts theater that: (i) has seating; and (ii) is operated by a nonprofit organization. (2) The president and two other officers of the nonprofit performing arts theater shall sign the application for the license. (d) The license authorizes the holder to sell or serve beer and wine at retail for on–premises consumption. (e) The license holder may sell or serve beer and wine from 1 hour before to 1 hour after: (1) a regular performance; or (2) a fund–raiser performance that benefits the nonprofit performing arts theater. (f) The license holder may purchase beer and wine from a licensed wholesaler. (g) The annual license fee is $300.

Md. Code, Alcoholic Beverages and Cannabis § 28-1101

(a) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county without exception or variation: (1) § 4–1102 (“Corkage — Consuming wine not purchased from license holder on licensed premises”); and (2) § 4–1103 (“Removal of partially consumed bottle of wine from licensed premises”). (b) Section 4–1105 (“Refillable container permit — Wine”) of Division I of this article does not apply in the county. (c) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the county: (1) § 4–1104 (“Refillable container permit — Draft beer”), subject to § 28–1102 of this subtitle; and (2) § 4–1106 (“Nonrefillable container permit –– Draft beer”), subject to § 28–1103 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-1102

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license. (b) An applicant for the permit shall complete the form that the Board provides. (c) The hours of sale for the permit: (1) begin at the same time as those for the underlying license; and (2) end at midnight. (d) The Board shall adopt regulations to carry out this section. (e) The Board may charge annual permit fees of up to: (1) $50 for an applicant who holds an underlying license with an off–sale privilege; or (2) $500 for an applicant who holds an underlying license without an off–sale privilege.

Md. Code, Alcoholic Beverages and Cannabis § 28-1103

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class A license, a Class B license, or a Class D license. (b) An applicant for the permit shall complete the form that the Board provides. (c) The hours of sale for the permit: (1) begin at the same time as those for the underlying license; and (2) end at midnight. (d) The Board shall adopt regulations to carry out this section. (e) (1) Except as provided in paragraph (2) of this subsection, the Board may charge annual permit fees of up to: (i) $50 for an applicant who holds an underlying license with an off–sale privilege; or (ii) $500 for an applicant who holds an underlying license without an off–sale privilege. (2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.

Md. Code, Alcoholic Beverages and Cannabis § 28-1201

(a) There is a local caterer’s license. (b) The Board may issue the license to a holder of a Class B restaurant or hotel (on–sale) beer, wine, and liquor license. (c) The license authorizes a holder to: (1) provide beer, wine, and liquor at an event that is held off the premises for which the holder’s Class B restaurant or hotel (on–sale) beer, wine, and liquor license is issued; and (2) exercise the privileges of the license only during the hours and on the days authorized for a Class B restaurant or hotel (on–sale) beer, wine, and liquor license. (d) The license holder shall provide food for consumption at the catered event. (e) The annual license fee is $250. (f) This section does not require a holder of a Class B restaurant or hotel (on–sale) beer, wine, and liquor license to obtain a local caterer’s license for catering on the premises for which the Class B license is issued.

Md. Code, Alcoholic Beverages and Cannabis § 28-1301

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article apply in the county without exception or variation: (1) § 4–1202 (“Per diem licenses”); (2) § 4–1206 (“License to dispose of stock”); (3) § 4–1207 (“Temporary move of licensed premises”); (4) § 4–1208 (“Hours and days of sale”); and (5) § 4–1209 (“Wine permit for fund–raising event”). (b) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of Division I of this article do not apply in the county: (1) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine licenses”), which is superseded by § 28–1309 of this subtitle; (2) § 4–1204 (“Class C per diem beer, wine, and liquor license”), which is superseded by § 28–1309 of this subtitle; and (3) § 4–1205 (“License fees”), which is superseded by § 28–1310 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-1304

(a) There is a beer festival (BF) license. (b) The Board may issue the license to a holder of a retail license authorizing the sale of beer, a Class 5 brewery license, a Class 6 pub–brewery license, a Class 7 micro–brewery license, or a Class 8 farm brewery license. (c) The license authorizes the holder to display and sell beer that is: (1) manufactured and processed in any state; and (2) distributed in the State when the license application is filed. (d) A license holder shall display and sell beer: (1) at retail for on– and off–premises consumption; and (2) during the hours and days designated for the festival. (e) The Board shall: (1) choose 1 weekend each year for the beer festival that does not fall on the dates chosen for the Sotterley Wine Festival; (2) choose a location in Historic St. Mary’s City for the festival; and (3) ensure that the primary focuses of the festival are the promotions of both Maryland beer and tourism in Historic St. Mary’s City. (f) The license holder may hold another license of a different class or nature. (g) The license fee is $15. (h) The Board shall adopt regulations to carry out this section.

Md. Code, Alcoholic Beverages and Cannabis § 28-1305

(a) There is a wine festival (WF) license. (b) The Board may issue the license to a holder of a retail license that authorizes the sale of wine, Class 3 winery license, or Class 4 limited winery license. (c) The license authorizes the holder to display and sell wine that is: (1) manufactured and processed in any state; and (2) distributed in the State when the license application is filed. (d) A license holder shall display and sell wine: (1) at retail for on– and off–premises consumption; and (2) during the hours and days designated for the festival. (e) The Board shall: (1) choose 1 weekend each year for the festival; (2) choose a location that is not already licensed; and (3) ensure that the primary focus of the festival is the promotion of Maryland wine. (f) The license holder may hold another license of a different class or nature. (g) The license fee is $15. (h) The Board shall adopt regulations to carry out this section.

Md. Code, Alcoholic Beverages and Cannabis § 28-1306

(a) There is a 1–day Class BWTS beer and wine tasting or sampling license. (b) The Board may issue the license to: (1) a holder of a current alcoholic beverages license; or (2) a religious, fraternal, civic, veterans’, hospital, or charitable: (i) club; (ii) society; (iii) association; or (iv) organization. (c) The license authorizes the holder to allow the consumption of beer or wine for tasting or sampling if: (1) the beer or wine is given to consumers at no charge; and (2) all consumption of the beer or wine occurs at the location of the license holder. (d) The Board need not publish a license application before issuing the license. (e) The Board may issue a license to a person not more than 12 times in a calendar year. (f) An individual may consume beer or wine covered by the license in a quantity not exceeding: (1) 1 ounce from each offering and 4 ounces from all offerings of wine in a day; and (2) 2 ounces from each offering and 8 ounces from all offerings of beer in a day. (g) At the end of the day for which the license is valid, the license holder shall dispose of any beer or wine that remains in a container opened for tasting or sampling. (h) The license fee is $50.

Md. Code, Alcoholic Beverages and Cannabis § 28-1307

(a) There is a BWT beer and wine tasting permit. (b) The Board may issue the permit only to a holder of a Class A license. (c) The permit authorizes the holder to allow the on–premises consumption of beer and wine for tasting purposes only. (d) The holder of a Class A license may apply for and the Board may issue the permit that is effective for a maximum of: (1) any 26 days in a licensing period; (2) any 52 days in a licensing period; or (3) 365 days in a licensing period. (e) A permit holder shall notify the Board of the holder’s intent to have a tasting at least 7 days before the event if the permit is effective for any: (1) 26 days in a licensing period; or (2) 52 days in a licensing period. (f) An individual may consume beer or wine covered by the license in a quantity not exceeding: (1) 1 ounce from each offering and 4 ounces from all offerings of wine in a day; and (2) 2 ounces from each offering and 8 ounces from all offerings of beer in a day. (g) The permit authorizes the consumption of beer or wine only on the licensed premises of the holder. (h) The permit fees are: (1) for a permit that is effective for any 26 days in a licensing period, $150; (2) for a permit that is effective for any 52 days in a licensing period, $200; and (3) for a permit that is effective for 365 days in a licensing period, $250.

Md. Code, Alcoholic Beverages and Cannabis § 28-1308

(a) There is a BWLT beer, wine, and liquor tasting permit. (b) The Board may issue the permit only to a holder of a Class A license. (c) The permit authorizes the holder to allow the on–premises consumption of beer, wine, and liquor for tasting purposes only. (d) The holder of a Class A license may apply for and the Board may issue the permit that is effective for a maximum of: (1) any 26 days in a licensing period; (2) any 52 days in a licensing period; or (3) 365 days in a licensing period. (e) A permit holder shall notify the Board of the holder’s intent to have a tasting at least 7 days before the event if the permit is effective for any: (1) 26 days in a licensing period; or (2) 52 days in a licensing period. (f) An individual may consume beer, wine, or liquor covered by the license in a quantity not exceeding: (1) 0.5 ounce from each offering and 1.5 ounces from all offerings of liquor in a day; (2) 1 ounce from each offering and 4 ounces from all offerings of wine in a day; and (3) 2 ounces from each offering and 8 ounces from all offerings of beer in a day. (g) The permit authorizes the consumption of beer, wine, or liquor only on the licensed premises of the holder. (h) The permit fees are: (1) for a permit that is effective for any 26 days in a licensing period, $200; (2) for a permit that is effective for any 52 days in a licensing period, $250; and (3) for a permit that is effective for 365 days in a licensing period, $300.

Md. Code, Alcoholic Beverages and Cannabis § 28-1309

(a) There is: (1) a Class C per diem beer license; (2) a Class C per diem beer and wine license; and (3) a Class C per diem beer, wine, and liquor license. (b) The Board may: (1) issue a license to a: (i) religious, fraternal, civic, veterans’, or charitable organization, association, club, or society; or (ii) hospital supporting organization; and (2) impose conditions on the license. (c) The period for which a license under this section may be issued is: (1) for a Class C per diem beer license, not longer than 10 days; (2) for a Class C per diem beer and wine license, 1 day; and (3) for a Class C per diem beer, wine, and liquor license, 1 day. (d) A license holder may purchase the alcoholic beverages to be sold under the license from a retail dealer. (e) The license holder may hold another license of a different class or nature.

Md. Code, Alcoholic Beverages and Cannabis § 28-1310

The license fees under this part are: (1) for a Class C per diem beer license, $10 per period for which the license is issued; (2) for a Class C per diem beer and wine license, $10 per day; and (3) for a Class C per diem beer, wine, and liquor license, $10 per day.

Md. Code, Alcoholic Beverages and Cannabis § 28-1401

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county without exception or variation: (1) § 4–102 (“Applications to be filed with local licensing board”); (2) § 4–103 (“Application on behalf of partnership”); (3) § 4–104 (“Application on behalf of corporation or club”); (4) § 4–105 (“Application on behalf of limited liability company”); (5) § 4–106 (“Payment of notice expenses”); (6) § 4–108 (“Application form required by Comptroller”); (7) § 4–109 (“Required information on application — In general”); (8) § 4–111 (“Payment of license fees”); (9) § 4–113 (“Refund of license fees”); and (10) § 4–114 (“Fees for licenses issued for less than 1 year”). (b) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county: (1) § 4–107 (“Criminal history records check”), subject to §§ 28–1402 through 28–1407 of this subtitle; (2) § 4–110 (“Required information on application — Petition of support”), subject to § 28–1408 of this subtitle; and (3) § 4–112 (“Disposition of license fees”), subject to § 28–1410 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-1402

(a) The Board shall obtain criminal history record information of each applicant for a license from the Central Repository. (b) The Board may obtain criminal history record information on license applicants and their agents from the county police.

Md. Code, Alcoholic Beverages and Cannabis § 28-1404

The hearing for a new applicant and the issuance of a license may not be delayed because of the failure of the Federal Bureau of Investigation to provide the requested criminal history record check by the date of the scheduled hearing.

Md. Code, Alcoholic Beverages and Cannabis § 28-1408

An individual is eligible to sign the petition of support required under § 4–110 of this article that must be included as part of an application for a license if the individual: (1) owns real property within 5 miles of the premises for which the license is sought; and (2) is a registered voter in the county.

Md. Code, Alcoholic Beverages and Cannabis § 28-1410

The County Treasurer shall: (1) collect the license fees; and (2) pay over to the Commissioners of Leonardtown the fees received for licenses issued for premises within the limits of the incorporated Town of Leonardtown.

Md. Code, Alcoholic Beverages and Cannabis § 28-1411

(a) Within 90 days after the Board approves an application for a license, the applicant shall attend Responsible Alcohol Service Training. (b) Attendance at the Responsible Alcohol Service Training does not fulfill the alcohol awareness training requirement under § 4–505 of this article.

Md. Code, Alcoholic Beverages and Cannabis § 28-1501

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation: (1) §�4–205�(“Chain store, supermarket, or discount house”); (2) §�4–206�(“Limitations on retail sales floor space”); (3) §�4–207�(“Licenses issued to minors”); (4) §�4–208�(“Notice of license application required”); (5) §�4–209�(“Hearing”); (6) §�4–210�(“Approval or denial of license application”); (7) §�4–211�(“License forms; effective date; expiration”); (8) §�4–212�(“License not property”); (9) §�4–213�(“Replacement licenses”); and (10) §�4–214�(“Waiting periods after denial of license applications”). (b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county: (1) §�4–202�(“Authority of local licensing boards”), subject to §§ 28–1502 and 28–1503 of this subtitle; (2) §�4–203�(“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to § 28–1505 of this subtitle and Subtitle 13, Part III of this title; and (3) §�4–204�(“Prohibition against issuing multiple licenses for same premises”), subject to § 28–1505 of this subtitle and Subtitle 13, Part III of this title.

Md. Code, Alcoholic Beverages and Cannabis § 28-1505

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if: (1) the licenses are Class D beer or Class D beer and wine licenses; and (2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.

Md. Code, Alcoholic Beverages and Cannabis § 28-1506

(a) The Board may authorize a license holder to install an additional bar or serving counter within a reasonable distance of the main building of the premises served by the license held by the license holder. (b) The Board shall determine what is a reasonable distance for an additional bar or serving counter. (c) An additional license is not required for an additional bar or serving counter.

Md. Code, Alcoholic Beverages and Cannabis § 28-1601

(a) The Board may not: (1) issue more than one Class A license: (i) for every 1,350 individuals that live in an election district in the county other than the 8th election district; and (ii) for every 4,000 individuals that live in the 8th election district; or (2) approve the transfer of a license issued under item (1) of this subsection from one election district to another election district unless the transfer can be made without exceeding the license quotas provided in item (1) of this subsection. (b) The Board shall use the population statistics from the most recent County Planning Commission annual report to maintain the license quotas provided in subsection (a)(1) of this section.

Md. Code, Alcoholic Beverages and Cannabis § 28-1602

(a) (1) Except as provided in subsection (b) of this section, the Board may not issue a license for an establishment that is within 300 feet of a place of worship or a public or nonpublic kindergarten, elementary, or secondary school. (2) The distance from the establishment to the place of worship or the public or nonpublic kindergarten, elementary, or secondary school is to be measured from the nearest wall of the establishment in a direct line to the nearest point of the main building of the place of worship or the school. (b) The prohibition against issuing a license in subsection (a) of this section does not apply: (1) in Leonardtown; or (2) if a place of worship or school locates its building within 300 feet of a premises that is already licensed.

Md. Code, Alcoholic Beverages and Cannabis § 28-1603

The Board may not issue any license with an off–sale privilege for use in a business that is intended to be operated as a drive–through sales facility at which alcoholic beverages are: (1) sold at retail; and (2) dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.

Md. Code, Alcoholic Beverages and Cannabis § 28-1606

(a) (1) Subject to subsections (b) and (c) of this section, the Board may issue to an individual or for the use of a person not more than three Class B beer, wine, and liquor restaurant licenses. (2) The licenses specified in paragraph (1) of this subsection are for separate premises. (3) Only one of the licenses specified in paragraph (1) of this subsection may authorize the sale of alcohol for off–premises consumption. (b) (1) Subject to paragraph (2) of this subsection, a person may not have a direct or indirect interest in more than three Class B beer, wine, and liquor restaurant licenses. (2) A person may not have a direct or indirect interest in more than one Class B beer, wine, and liquor restaurant license that authorizes the sale of alcohol for off–premises consumption. (c) An indirect interest is presumed to exist between any combination of persons if any of the following conditions exist between them: (1) a common parent company; (2) a franchise agreement; (3) a licensing agreement; (4) a concession agreement; (5) dual membership in a chain of businesses commonly owned and operated; (6) (i) a sharing of directors, stockholders, partners, or members; or (ii) a sharing of directors, stockholders, partners, or members of parents or subsidiaries; (7) common direct or indirect sharing of profit from the sale of alcoholic beverages; or (8) a sharing of a common trade name, trademark, logo, or theme or mode of operation identifiable by the public.

Md. Code, Alcoholic Beverages and Cannabis § 28-1701

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county without exception or variation: (1) §�4–302�(“Transfer of place of business; transfer of license and inventory”); (2) §�4–303�(“Chain store, supermarket, or discount house”); (3) §�4–304�(“Compliance with Bulk Transfers Act required”); and (4) §�4–306�(“Substitution of names of officers on license”). (b) Section 4–305 (“Filing fee and endorsement”) of Division I of this article applies in the county, subject to § 28–1702 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-1703

The Board may not transfer an off–sale license for use in a business that is intended to be operated as a drive–through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.

Md. Code, Alcoholic Beverages and Cannabis § 28-1801

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the county without exception or variation: (1) § 4–402 (“Eligibility for renewal; process”); (2) § 4–403 (“Renewal application”); (3) § 4–405 (“Contents of renewal application”); (4) § 4–406 (“Protests”); (5) § 4–409 (“Multiple licenses”); and (6) § 4–410 (“Chain store, supermarket, or discount house”). (b) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article do not apply in the county: (1) § 4–404 (“Filing period for renewal application”) and is superseded by § 28–1802 of this subtitle; and (2) § 4–408 (“Issuance of renewed licenses”) and is superseded by § 28–1803 of this subtitle. (c) Section 4–407 (“Denial of renewal application”) of Division I of this article applies in the county, subject to § 28–1804 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-1802

(a) To renew a license, the license holder shall file an application with the Administrator of the Board between February 1 and March 3, inclusive. (b) A holder of an expired license may apply to the Board for a new license.

Md. Code, Alcoholic Beverages and Cannabis § 28-1804

(a) The Board may deny a license renewal if the license holder or a stockholder of the corporation that uses the license has been convicted of a felony. (b) The Board: (1) shall hold a public hearing before renewing a license under the circumstances described in subsection (a) of this section; and (2) may inquire into all relevant facts and circumstances concerning the felony offense at the hearing.

Md. Code, Alcoholic Beverages and Cannabis § 28-1805

Notwithstanding § 28–1502 of this title, the Board may renew a Class A or Class D beer license, beer and wine license, or beer, wine, and liquor license originally issued to a holder of an out–of–state alcoholic beverages license.

Md. Code, Alcoholic Beverages and Cannabis § 28-1901

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation: (1) § 4–502 (“Storage of alcoholic beverages”); (2) § 4–503 (“Solicitations and sales outside of licensed premises”); (3) § 4–505 (“Alcohol awareness program”); (4) § 4–506 (“Evidence of purchaser’s age”); (5) § 4–507 (“Retail delivery of alcoholic beverages”); and (6) § 4–508 (“Display of license”). (b) Section 4–504 (“Employment of underage individuals”) of Division I of this article applies in the county, subject to § 28–1902 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-1902

(a) An individual at least 18 years old may serve alcoholic beverages in a restaurant in connection with serving a meal. (b) An individual under the age of 21 years may not act as a bartender or in a solely bar–related capacity.

Md. Code, Alcoholic Beverages and Cannabis § 28-1903

(a) Except as provided in subsection (b) of this section, a consumer may not remain on the premises of an establishment that sells alcoholic beverages after the hours of sale end. (b) On Sunday morning, a consumer may remain on the premises of an establishment that sells alcoholic beverages for one–half hour after the hours of sale end.

Md. Code, Alcoholic Beverages and Cannabis § 28-2001

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title. (2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

Md. Code, Alcoholic Beverages and Cannabis § 28-2002

(a) A holder of a Class A beer license may sell beer on Monday through Sunday, from 6 a.m. to 2 a.m. the following day. (b) Reserved. (c) Reserved. (d) A holder of a Class D beer license may sell beer on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

Md. Code, Alcoholic Beverages and Cannabis § 28-2003

(a) A holder of a Class A beer and wine license may sell beer and wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day. (b) A holder of a Class B beer and wine license may sell beer and wine on Monday through Sunday, from 6 a.m. to 2 a.m. the following day. (c) Reserved. (d) Reserved.

Md. Code, Alcoholic Beverages and Cannabis § 28-2004

(a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day. (b) A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day. (c) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day. (d) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

Md. Code, Alcoholic Beverages and Cannabis § 28-2501

(a) An establishment not licensed by the Board, at a location under the control or possession of the establishment, may not: (1) sell or serve alcoholic beverages to a member or guest; (2) keep alcoholic beverages for a member or guest; (3) allow a customer to consume or to be served alcoholic beverages from the supplies that the customer has previously purchased or reserved; or (4) sell, serve, keep, or allow to be consumed setups or other component parts of mixed alcoholic drinks to a member or guest. (b) A person who operates an establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into or on the grounds of the establishment. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

Md. Code, Alcoholic Beverages and Cannabis § 28-2502

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in: (1) an establishment open to the public; (2) a place of public entertainment; or (3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article. (b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

Md. Code, Alcoholic Beverages and Cannabis § 28-2601

(a) The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation: (1) § 6–202 (“Inspections”); (2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”); (3) § 6–204 (“Power to summon witnesses”); (4) § 6–205 (“Peace officers”); (5) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”); (6) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”); (7) § 6–208 (“Regulating possession or consumption of alcohol in public places”); (8) § 6–209 (“Adoption of standards for authorization of consumption”); and (9) § 6–211 (“Fines and forfeitures”). (b) Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the county and is superseded by § 28–2602 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-2602

The county may: (1) adopt an ordinance or resolution supplementing the prohibition against disorderly intoxication under § 6–319 of this article; and (2) regulate possession or consumption of alcoholic beverages on public property, property used by the public, or on a highway.

Md. Code, Alcoholic Beverages and Cannabis § 28-2701

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation: (1) § 6–305 (“Proof of age for sale of alcoholic beverages”); (2) § 6–306 (“Defense to prosecution for sale to underage individual”); (3) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”); (4) § 6–310 (“Providing free food”); (5) § 6–311 (“Restrictions on purchases and sales by retail dealer”); (6) § 6–312 (“Beverage misrepresentation”); (7) § 6–313 (“Tampering with alcoholic beverage container”); (8) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”); (9) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”); (10) § 6–316 (“Maximum alcohol content”); (11) § 6–317 (“Multiple serving purchase required”); (12) § 6–320 (“Disorderly intoxication”); (13) § 6–321 (“Consumption of alcoholic beverages in public”); (14) § 6–322 (“Possession of open container”); (15) § 6–323 (“Possession or use of Alcohol Without Liquid machine”); (16) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”); (17) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”); (18) § 6–328 (“Tax evasion”); (19) § 6–329 (“Destruction of evidence”); and (20) § 6–330 (“Perjury”). (b) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county: (1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”), subject to § 28–2702 of this subtitle; (2) § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”), subject to § 28–2703 of this subtitle; and (3) §§ 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”) and 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”), subject to § 28–2704 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 28-2702

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–304 of this article: (1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and (2) may not be required to post bail pending trial in any court in the State. (b) A license holder or an employee of a license holder may not be found guilty of a violation of § 6–304 of this article if: (1) the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years; and (2) the individual was not a resident of the State. (c) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–304 of this article does not bar the Board from proceeding administratively against the license holder for the violation.

Md. Code, Alcoholic Beverages and Cannabis § 28-2703

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article: (1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or an employee; and (2) may not be required to post bail pending trial in any court in the State. (b) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.

Md. Code, Alcoholic Beverages and Cannabis § 28-2704

Sections 6–308 and 6–319 of this article do not apply to: (1) a Class C beer license, beer and wine license, or beer, wine, and liquor license issued to a bona fide religious, fraternal, civic, veterans’, hospital, or charitable organization; or (2) a license issued to an outdoor motor sports facility that is located in Mechanicsville or Budds Creek.

Md. Code, Alcoholic Beverages and Cannabis § 28-2705

(a) A person engaged in the manufacture or sale of alcoholic beverages, an agent or employee of the person, or a license holder may not, directly or indirectly, offer or make a payment or gift to: (1) a member of the Board; (2) an employee of the Board; or (3) a person acting on behalf of a member or an employee of the Board. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

Md. Code, Alcoholic Beverages and Cannabis § 28-2802

(a) (1) A person who violates a law relating to hours or days for the sale of alcoholic beverages is guilty of a misdemeanor and on conviction is subject to imprisonment or a fine not exceeding $250 or both. (2) If the Board finds that a person has violated a law relating to licensing the sale of alcoholic beverages, the Board may: (i) revoke or suspend the person’s license; (ii) impose a civil penalty not exceeding $2,500; or (iii) both revoke or suspend the person’s license and impose a civil penalty not exceeding $2,500. (b) If an employee of a license holder sells alcoholic beverages to an individual under the age of 21 years the Board may impose a fine on the employee not exceeding $500 per offense.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026