Maryland State Statutes - Maryland Attorney Directory

(a) (1) A Class B beer, wine and liquor license shall be issued by the license issuing authority of the county in which the place of business is located, and the license authorizes its holder to keep for sale and sell all alcoholic beverages at retail at any hotel or restaurant at the place described, for consumption on the premises or elsewhere, or as provided in this section.

(2) The annual fee for this license is payable to the local collecting agent before any license is issued, for distribution as provided in this article.

(3) (i) Except in Montgomery County or in the case of a contrary provision in this subtitle, this license shall be issued, on approval of the application by the board of license commissioners in any county in which a license may be issued for the sale of beer, wine, and liquor, to the owner of any hotel which meets the following minimum provisions:

1. The hotel building shall be originally constructed for hotel purposes; be at least three stories in height; and contain at least one passenger elevator;

2. The hotel shall contain no less than 100 rooms for the accommodation of the public;

3. The hotel shall contain a dining room with facilities for preparing and serving regular meals for at least 125 persons at one seating; and

4. The capital investment in the hotel facility may not be less than $500,000.

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

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

(2) (i) The Board of License Commissioners may issue Class B beer, wine and liquor (on-sale) licenses.

(ii) This license shall be issued for the exclusive use:

1. On the premises of a restaurant that is located within a hotel or motel establishment; or

2. If used in conjunction with a Class 7 micro-brewery license, on the premises of a restaurant only.

(iii) In addition to other county requirements provided for in this article:

1. The hotel or motel shall be an establishment having at least 100 bedrooms for public accommodation; and

2. The restaurant shall be an establishment:

A. Located in a permanent building with ample space and accommodations for preparing, serving, and selling meals to the public during business hours;

B. That 60 percent of its gross monthly revenue is derived from the sale of food;

C. That has waiter or waitress service to its customers who are seated at tables for dining; and

D. That is not considered to be a fast-food style facility.

(iv) This license authorizes the holder to sell beer, wine and liquor by the drink for consumption on the licensed premises only.

(v) This license does not have off-sale privileges.

(vi) The requirements for hours and days of sale are as provided under § 11-501(a) and (b) of this article.

(vii) The annual license fee is $800.

(viii) This license is exempt from any license population quota limitation.

(ix) Notwithstanding any law to the contrary, this license may not be transferred to a location other than the premises for which it was issued.

(3) (i) The Board of License Commissioners may issue a special Class B-BT (Buffet Theater) on-sale beer, light wine and liquor license for the use of an establishment that:

1. Is operated as a nonprofit professional theater;

2. Provides live Broadway-style musicals, comedy, or drama to its customers; and

3. Is open to the public by reservation.

(ii) The holder of a Class B-BT license may sell at retail beer and light wine by the drink or by the bottle and liquor by the drink only for on-premises consumption beginning 2 hours before the live performance, during the performance, and for 2 hours after the end of the performance on:

1. Monday through Saturday; and

2. Sunday no earlier than 1 p.m.

(iii) The license does not authorize the holder to sell alcoholic beverages:

1. For off-premises consumption by the drink or by the bottle; or

2. At any time except in conjunction with the buffet theater.

(iv) The annual fee for a Class B-BT license is $350.

(2) The annual fee for a Class B license is $900.

(3) (i) A Class H beer, wine and liquor license authorizes the holder to keep for sale and sell beer, wine and liquor at retail at any restaurant for consumption on the premises.

(ii) The annual fee for this license is $800.

(d) (1) (i) This subsection applies only in Baltimore City.

(ii) Except as otherwise provided by this subsection, the annual license fee is $1,100.

(iii) In this paragraph "47th Alcoholic Beverages District" applies to the following areas of Baltimore City:

1. Wards 23, 24, and 25 in their entirety;

2. Ward 19, precincts 2 and 3;

3. Ward 20, precincts 19 and 20;

4. Ward 21, precinct 15; and

5. Ward 21, precincts 2 and 3.

(iv) Except for the 47th Alcoholic Beverages District, this license shall be issued in accordance with the provisions of subsection (a) of this section.

(v) In the 47th Alcoholic Beverages District, a Class B beer, wine and liquor license issued for use in a restaurant:

1. After July 1, 1991 may not include an off-sale alcoholic beverages privilege;

2. Before July 1, 1991 with an on-sale alcoholic beverages privilege only may not be changed or altered to include an off-sale alcoholic beverages privilege;

3. Before July 1, 1991 with both on- and off-sale alcoholic beverages privileges may continue to be sold, renewed, or transferred within the 47th Alcoholic Beverages District with both privileges; and

4. Except as provided in subparagraph (vi) of this paragraph, before July 1, 1991 may not include an off-sale privilege for sales of alcoholic beverages from 12 midnight on Saturday to 2 a.m. on Monday.

(vi) The sales prohibition in subparagraph (v)4 of this paragraph does not apply to a Class B beer, wine and liquor licensee:

1. Whose license was issued before July 1, 1991; and

2. Who prior to July 1, 1991 operated the premises and exercised the sales privileges under the license on Sundays.

(vii) In addition to the other requirements provided for in this subsection, in the 46th and 47th Alcoholic Beverages Districts the restaurant shall have a minimum:

1. Except as provided in subparagraph (ix) of this paragraph, capital investment of $500,000 for restaurant facilities not including the cost of the land, the building, or improvements that are not to the interior of a building on the licensed premises; and

2. Seating capacity of 75 persons, and, except as provided in subparagraph (ix) of this paragraph, a maximum seating capacity of 150 persons.

(viii) 1. Notwithstanding § 1-102(a)(22)(i)3 of this article and, except as provided in subparagraph (ix) of this paragraph, for a licensee who is issued a Class B beer, wine and liquor license for use in a restaurant in the 46th or 47th Alcoholic Beverages District, the average daily receipts from the sale of food must be at least 51% of the total daily receipts of the restaurant.

2. A licensee annually, at the time the license is renewed, shall file with the Board of Liquor License Commissioners for Baltimore City a statement of average daily receipts and an affidavit of a licensed certified public accountant that verify that the licensee has met the requirement of sub-subparagraph 1 of this subparagraph or subparagraph (ix) of this paragraph.

3. A license may not be transferred from the location of its first issuance.

4. A license may not be issued for use in an establishment that is a fast food style restaurant.

(ix) The Board of Liquor License Commissioners for Baltimore City may issue a Class B beer, wine and liquor license for use in a restaurant that has a seating capacity exceeding 150 persons if the restaurant:

1. Is located in ward 26, precinct 8 of the 46th Alcoholic Beverages District, which at all times shall be coterminous with the 46th Legislative District in the Legislative Districting Plan of 2002 as ordered by the Maryland Court of Appeals on June 21, 2002;

2. Has a minimum capital investment of $700,000; and

3. Has average daily receipts from the sale of food that are at least 65% of the total daily receipts.

(x) Until July 1, 2005, the Board of Liquor License Commissioners for Baltimore City may issue a Class B beer, wine and liquor license for use in a restaurant that has a seating capacity exceeding 150 persons if the restaurant:

1. Is an establishment located in an area identified in § 9-204(e)(1) of this article;

2. Has a minimum capital investment of $1,000,000; and

3. Has average daily receipts from the sale of food that are at least 70% of the total daily receipts.

(xi) Notwithstanding any restriction or requirement in this article regarding the issuance of Class B beer, wine and liquor licenses, a not for profit arts center in the Highlandtown arts and entertainment district that holds a Class C license on June 1, 2004, may apply to the Board of Liquor License Commissioners for Baltimore City to convert that license into a Class B beer, wine and liquor license.

(2) (i) There is a Class B-BWL (H-M) license.

(ii) The Class B-BWL (H-M) license shall be issued to any hotel or motel meeting the minimum criteria of subparagraph (iv) of this paragraph.

(iii) The annual license fee is $5,500.

(iv) The minimum criteria for the issuance of a Class B-BWL (H-M) license are as follows:

1. The hotel or motel shall contain no less than 100 rooms for the accommodation of the public;

2. The hotel or motel shall contain a dining room with facilities for preparing and serving regular meals for at least 125 persons at one seating; and

3. The capital investment in the hotel or motel facility may not be less than $500,000.

(v) A Class B-BWL (H-M) license may not be required of any restaurant that is not located in a hotel or motel or of any catering establishment.

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

2. "Arena" means a facility that is a:

A. Catering hall;

B. Banquet hall;

C. Auditorium;

D. Theatre;

E. Athletic facility;

F. Concert facility; or

G. Stadium.

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

4. "Person" means a natural person, an association, a firm, a partnership, a corporation, or the Mayor and City Council of Baltimore.

(ii) There is an arena license.

(iii) 1. A licensee may sell beer, wine and liquor by the drink and by the bottle within the arena, from one or more outlets, for consumption on the licensed premises.

2. An arena license may not be issued in the Second and Third Wards after October 1, 1994. Licenses issued prior to that date are valid and may be treated like any other license.

(iv) The Board may issue an arena license only if the applicant has:

1. A minimum capital investment, not including any real property, of $1,000,000; and

2. A minimum capacity of 1,000 people, as determined by the Baltimore City Fire Department.

(v) This license shall be issued only to the person, firm, or corporation owning or leasing an arena, one of whom must be a resident of the State of Maryland, or to a concessionaire designated by the person, firm or corporation owning or leasing the arena. The concessionaire need not be a resident of the State of Maryland.

(vi) The Board shall prescribe regulations pertaining to the manner of dispensing alcoholic beverages, the number of outlets authorized to dispense alcoholic beverages, and the hours and days of sale.

(vii) The licensee is subject to all of the provisions of this article and to the regulations of the Board of License Commissioners.

(viii) The annual license fee for the arena license is $10,000.

(4) (i) The owner or owners of any regularly licensed racing establishment, or the concessionaire or catering organization at such place, whether an individual, association or corporation, without additional residential, voting or locative qualifications may procure a license for the sale of beer, wine and liquor within the confines of its racing park.

(ii) The license fee is $55 per day.

(iii) The holder may sell at one or more locations within its park.

(iv) The licenses and the licensees are subject to all laws and regulations applicable in Baltimore City to the sale of alcoholic beverages that are not inconsistent with the provisions of this subsection.

(e) (1) This subsection applies only in Baltimore County.

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

(3) The area of the licensed premises normally used as a restaurant for the preparation and consumption of food and beverage on the premises may occupy no less than 80 percent of the square foot area. These occupancy requirements do not apply to or affect any present licensee having this license prior to December 31, 1966.

(f) (1) This subsection applies only in Calvert County.

(2) The annual fee for a Class B license is $1,000.

(3) (i) There is a Class BR beer, wine and liquor license which authorizes licensees to sell beer, wine, and liquor in restaurants for on-sale consumption with meals only.

(ii) The annual license fee for each license is $500.

(iii) Hours and days for sale are those for other Calvert County Class B licensees.

(g) (1) This subsection applies only in Caroline County.

(2) Bona fide hotels and restaurants, as defined by the Board of License Commissioners, may serve liquors, wines, and beers by the drink only and only upon the premises.

(3) The annual license fee for a:

(i) 6-day license is $1,000; and

(ii) 7-day license is $1,250.

(h) (1) (i) This subsection applies only in Carroll County.

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

(2) (i) The annual license fee is $1,500 for a restaurant and $1,500 for a hotel.

(ii) This license may be issued to a bona fide hotel which:

1. Is an establishment for the accommodation of the public providing service ordinarily found in hotels;

2. Is equipped with not fewer than 25 rooms, a lobby with registration and mail desk, seating facilities and a dining room which serves full-course meals at least twice daily and which has a regular seating capacity at tables (not including seats at bars or counters) for 50 or more persons; and

3. Is operated in facilities which are valued for purposes of State and local assessment and taxation at not less than $50,000.

(iii) 1. This license may be issued to a restaurant which meets the following requirements and conditions:

A. Is open for business at least 5 days each week and serves at least 2 full-course meals each day Monday through Friday that it is open and at least 1 full-course meal each day it is open on Saturday and Sunday;

B. Has a regular seating capacity at tables (not including seats at bars or counters) for 50 or more persons; and

C. Is operated in facilities which are valued for purposes of State and local assessment and taxation at not less than $50,000.

2. A. In this subparagraph "premises" means an area inside the restaurant building where meals are prepared and served, and an area on the outside of the restaurant building that is approved in writing by the Board.

B. This license permits the sale of beer, wine, and liquor for on-premises consumption and the sale of beer for off-premises consumption on any day of the week.

(iv) Whenever application is made for licensing under this subsection for any new or improved building, the supervisor of assessments, at the request of the Board, shall assess the building and advise the Board of the valuation of the building for assessment and taxation purposes.

(v) The valuation of the building for assessment and taxation purposes as set out in subparagraphs (ii) and (iii) of this paragraph does not affect or prohibit in any manner the renewal or transfer of any Class B license issued prior to May 1, 1979.

(3) (i) There is a Class BC license.

(ii) The Board may issue a Class BC restaurant or hotel and caterer's (on- and limited off-sale) beer, wine and liquor license to an applicant:

1. Who has a restaurant or hotel which meets the licensure requirements and conditions provided under this section; or

2. Who is a holder of a Class B hotel or restaurant (on- and off-sale) beer, wine and liquor license issued in Carroll County, if the holder surrenders the license to the Board before being issued a new license under this paragraph.

(iii) The Class BC restaurant or hotel and caterer's license issued under this section authorizes the holder to sell:

1. Beer, wine and liquor, 7 days a week, on the restaurant or hotel premises for on-premises consumption;

2. Beer, 7 days a week, on the restaurant or hotel premises for off-premises consumption; and

3. Beer, wine and liquor, 7 days a week, at catered events held in Carroll County off the restaurant or hotel premises for on-premises consumption.

(iv) The holder of a license issued under this paragraph shall provide food as well as alcoholic beverages for consumption at the catered event.

(v) The annual fee for a license issued under this paragraph is $250 more than the annual fee for a Class B hotel or restaurant (on- and off-sale) beer, wine and liquor license issued in Carroll County.

(vi) The holder of a license issued under this section may exercise the license privileges only during the hours and days that are permitted under this article for a Class B hotel or restaurant (on- and off-sale) beer, wine and liquor license issued in Carroll County.

(vii) Upon payment of an additional annual license fee of $250, the holder of a Class BR license has the privileges of the holder of a Class BC license specified in subparagraph (3)(iii)3 of this subsection, subject to the restrictions set forth in subparagraph (iv) of this subsection.

(4) (i) 1. There is a Class BR license.

2. In this paragraph, "premises" means an area inside the restaurant building where meals are prepared and served and an area on the outside of the restaurant building that is approved in writing by the Board.

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

(iii) The Board may issue a Class BR beer, wine and liquor license to an applicant who owns or operates a restaurant that:

1. Serves at least one full-course evening dinner meal at least 5 days a week;

2. Is only open during the time meals are served;

3. Has a regular seating capacity at tables (not including seating at bars and counters) for 50 or more people; and

4. Is operated in facilities which are valued for purposes of State and local assessment and taxation at not less than $50,000.

(iv) Whenever an application is made for a Class BR license for a new or improved building, the Supervisor of Assessments, at the request of the Board, shall assess the building and advise the Board of the valuation of the building for assessment and taxation purposes.

(v) A Class BR license authorizes the licensee to sell beer, wine and liquor, 7 days a week, on the premises of the restaurant for consumption with meals on the premises or for consumption on the premises pursuant to regulations adopted by the Board.

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

(2) The annual license fee is $750.

(3) (i) Notwithstanding the license quota provisions of § 8-208 of this article, the Board of License Commissioners may issue special Class B licenses known as Class BLX beer, wine and liquor on-sale restaurant licenses.

(ii) To qualify for a Class BLX on-sale license the restaurant shall have:

1. A minimum capital investment of $600,000 for dining room facilities and kitchen equipment, which sum may not include the cost of land, buildings, or a lease; and

2. A minimum seating capacity of 100 persons.

(iii) The holder of a Class BLX license:

1. Is authorized to sell alcoholic beverages for consumption on the licensed premises only;

2. May not sell alcoholic beverages for off-premises consumption; and

3. May serve alcoholic beverages:

A. Monday through Saturday during the hours and days authorized under a Class B beer, wine and liquor license; and

B. On Sunday as provided under § 11-508 of this article without paying an additional fee.

(iv) The annual fee for a Class BLX license is $2,500.

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

(2) The annual license fee is $360.

(3) This license shall provide for the consumption of beer, wine and liquor on the premises only.

(4) (i) There is in addition to the classes provided for, a special Class B license known as a Class BLX, which is issued only to luxury-type restaurants.

(ii) The Class BLX license shall be applied for in the same manner as are other classes of licenses.

(iii) The license fee is $2,400.

(iv) A luxury-type restaurant shall be defined by the Board of Liquor License Commissioners.

(v) The restaurant may not have:

1. Less than a minimum capital investment of $550,000 for the dining room facilities and kitchen equipment, not including the cost of land, buildings, or leases; and

2. A seating capacity of less than 150 persons.

(5) (i) 1. In this paragraph, "guest" means a person whose name and address appear on the registry that is maintained by the establishment and who is an occupant of a sleeping room in the establishment.

2. "Guest" does not include a person who is registered only for the purpose of obtaining alcoholic beverages.

(ii) There is a special Class B-B&B (bed and breakfast) on-sale beer, wine, and liquor license.

(iii) The Board may issue a Class B-B&B license.

(iv) To qualify for a Class B-B&B license, the applicant's establishment:

1. Shall have rooms, excluding the resident management quarters, that the public, for consideration, may use for sleeping accommodations for a specified period of time; and

2. May not have dining facilities that are open to the general public.

(v) A Class B-B&B licensee may sell beer, wine, and liquor only to guests for consumption on the licensed premises.

(vi) The annual license fees are:

1. $25 for an establishment with one to five bedrooms; or

2. $50 for an establishment with six or more bedrooms.

(vii) The hours and days for sale under the license shall be in accordance with § 11-509 of this article.

(viii) An applicant for a Class B-B&B license shall meet all other qualifications to hold an alcoholic beverages license in the county.

(ix) The Board may adopt additional regulations consistent with this paragraph.

(x) If the licensed premises ceases to be operated as a bed and breakfast establishment, the license is void.

(6) (i) There is a Class B-Stadium (baseball stadium) on-sale beer and light wine license.

(ii) The Board of License Commissioners may issue a 7-day Class B-Stadium license to:

1. The owner of any professional team franchise, whether the franchise is a partnership, corporation, or limited liability company; or

2. A private concessionaire that is under contract with the county or a professional baseball team franchise.

(iii) A Class B-Stadium license authorizes the holder to sell beer and light wine on the premises of a baseball stadium owned or operated by the county to individuals present at baseball games or other events held at the stadium.

(iv) Except as provided in subparagraph (v) of this paragraph, beer and light wine shall be served in plastic, styrofoam, or paper containers on the stadium premises.

(v) Beer or light wine may be served in glass containers in an enclosed stadium dining area in which patrons are seated.

(vi) The annual fee for the Class B-Stadium license is $2,200.

(vii) Except for a distributor of beer who is conducting business with a holder of a Class B-Stadium license for the purposes of this paragraph, the holder may not allow any individual to carry alcoholic beverages onto or from the licensed premises.

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

(2) (i) Bona fide restaurants, motels and hotels having restaurant facilities for serving full-course meals at least twice daily and seating capacity at tables for 75 or more persons, not including seats at bars or counters, may obtain a license from the County Commissioners. This license entitles the licensee to sell beer, wines, and liquors.

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

(3) This license provides for the consumption of wine and liquor on the premises only.

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

(2) (i) The annual license fee is $1,500 for a restaurant and $2,000 for a hotel.

(ii) Any hotel meeting the minimum requirements of subsection (a)(3) of this section may elect to be issued a license under that subsection, or any bona fide hotel may elect to be issued a license under this subsection if it:

1. Is an establishment for the accommodation of the public providing service ordinarily found in hotels;

3. Is operated in a physical plant which has a valuation for purposes of State and local assessment and taxation of not less than $20,000 and which has a valuation of personal property for purposes of State and local assessment and taxation of not less than $3,000. This license in a hotel does not permit sales at bars or counters, or sales for consumption anywhere except on the premises on which the meals are prepared and served.

(iii) This license may be issued to a restaurant which:

1. Serves full-course meals at least twice daily;

2. Has a regular seating capacity at tables (not including seats at bars or counters) for 50 or more persons;

3. Is operated in a physical plant which has a valuation for purposes of State and local assessment and taxation of not less than $40,000 and which has a valuation of personal property for purposes of State and local assessment and taxation of not less than $5,000. This license in a restaurant permits sales for consumption on the premises on which meals are prepared and served, except in the case of beverages with an alcoholic content of not more than 14.5 percent by volume, which may be sold for off-premises consumption; and

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

B. The provisions of this sub-subparagraph of this subparagraph do not apply to or affect any licensee that had a license on December 31, 1993, or to any person who has a permit for a building that was under construction on that date.

(3) (i) Any bona fide hotel or motel may obtain a special Class B (on-sale) beer, wine and liquor license issued by the Board of License Commissioners providing:

1. It is an establishment for the accommodation of the public providing services ordinarily found in bona fide hotels and motels;

2. It contains no less than 15 rooms;

3. It contains a dining room with facilities for preparing and serving full-course meals for at least 50 persons at one seating; and

4. The capital investment in the hotel or motel facility is not less than $400,000.

(ii) 1. Subject to this special Class B license, sales of all alcoholic beverages may be by the individual drink at any place on the hotel or motel premises.

2. Sales of all alcoholic beverages may be by the bottle at any place on the premises for banquets, parties, hospitality rooms, meetings, and similar functions, and for dinners in the restaurant portion of the premises. However, the customer is not permitted to remove the unused portion of any such bottle from the premises.

3. Alcoholic beverages by the bottle may be sold through room service to bona fide registered patrons in the hotel or motel rooms. However, no more than two bottles may be sold through room service to any one patron in any 24-hour period. Bottles sold through room service may be removed from the premises by the patron upon checking out from the hotel or motel.

(iii) The annual fee for this special Class B license is $2,000.

(4) (i) The Board of License Commissioners may issue a Class B-B.F. (Banquet Facility) beer, light wine and liquor on-sale license for a banquet facility that:

1. Accommodates the public for banquets, parties, meetings, and similar functions;

2. Contains a dining room with adequate facilities for preparing and serving full-course meals for at least 100 persons at one seating;

3. Is eligible for inclusion on the National Register of Historic Places; and

4. Has a capital investment of not less than $500,000, excluding the cost of the land, buildings, and leases.

(ii) The Class B-B.F. beer, light wine and liquor license authorizes the holder to keep for sale, and sell at retail, beer, light wine, and liquor by the drink or by the bottle for on-premises consumption only; provided that:

1. The beer, light wine, and liquor are only sold during the function;

2. The licensee may not sell alcoholic beverages for off-pre

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