(a) This section applies only in Baltimore County.
(b) For the purpose of determining the amount of capital investment under
subsection (c) of this section:
(1) The following terms have the meanings indicated:
(i) "Capital investment" means amounts paid for the acquisition of
property:
1. For a useful life greater than one year; or
2. For a permanent improvement or betterment of the property that has a
useful life greater than one year;
(ii) "Cost of land" includes:
1. The purchase price, plus taxes, and fees incidental to the purchase,
including costs related to obtaining appropriate zoning and licensing;
and
2. The costs of site grading, preparation, paving, sidewalks, gutters,
curbs, and landscaping; and
3. The cost of the construction and installation of all utilities to the
exterior of the building shell; and
(iii) "Cost of the building shell" includes cost attributable to a
structure with a roof, sidewalls, doors, and windows completely
enclosed and weatherproofed on a slab or other subflooring;
(2) If the applicant purchases an existing building, the capital investment
attributable to the cost of the building shell as defined in this
subsection shall be based on the fair market value of the structures
for which the cost of the building shell was incurred, determined at
the time of purchase. The capital investment in other than land or
building shells shall also be evaluated at the fair market value at the
time of purchase; and
(3) If the premises are leased, the rent paid for the land shall be
considered a cost of land and any rent paid for a building shall be
considered a cost of a building shell.
(c) There is a 7-day Class BDR (deluxe restaurant) (on-sale) beer, wine
and liquor license. This license may only be issued for the use of
restaurants that:
(1) Meet the definition requirements of "restaurant" established under
the regulations of the Board of License Commissioners;
(2) Have a minimum seating capacity of 150 persons for dining;
(3) Have a cocktail lounge or bar area seating capacity not exceeding 25
percent of the seating capacity for dining;
(4) Have parking facilities to accommodate a minimum of 75 vehicles; and
(5) Have a minimum capital investment of $800,000 by the applicant
exclusive of the cost of the land and buildings.
(d) This license may not be issued for use in an establishment that is a
fast food style restaurant.
(e) The annual license fee is $1,000.
(f) (1) This license may not be transferred from the location site of its first
issuance.
(2) The provisions of this subsection do not affect a transfer of holders
for the same premises or a renewal of the license.
(g) This license is exempt from all quota provisions provided for under the
regulations of the Board of License Commissioners.
(h) The hours and days that a holder may exercise the privileges of sale
under this license are the same as a Class B (on-sale) beer, wine and
liquor license in Baltimore County.
(i) The Board of License Commissioners shall adopt regulations necessary
for the issuance of this license.
(j) (1) The maximum number of these licenses available for issuance is 18.
(2) A maximum of 4 of these licenses may be issued in any election
district.
(3) A license may not be issued under this section after July 1, 1995.
(k) This license may be issued in addition to any other alcoholic beverages
license that the applicant holds.
(l) An individual or corporation is limited to a maximum of 3 alcoholic
beverages licenses including Class BDR (deluxe restaurant) (on-sale)
licenses.
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