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Statutes Text

Article - Alcoholic Beverages




§11–1607.

    (a)    (1)    A license holder may hold not more than 10 licenses of any class in accordance with this section.

        (2)    Of the licenses held by a license holder:

            (i)    not more than four licenses may be licenses in which the license holder holds a direct interest; and

            (ii)    the remaining licenses may only be licenses in which the license holder holds an indirect interest, as evidenced by any of the following relationships involving the license holder and another license holder or the license holder and an applicant for a license:

                1.    a common parent company;

                2.    a franchise agreement;

                3.    a licensing agreement;

                4.    a concession agreement;

                5.    membership by the license holder and the other person in a chain of businesses commonly owned and operated and so portrayed to the public;

                6.    sharing of directors or stockholders or sharing of directors or stockholders of parent companies or subsidiaries;

                7.    common direct or indirect sharing of profit from the sale of alcoholic beverages;

                8.    sharing of a common trade name, trademark, logo, or theme; or

                9.    except for hotels and motels, sharing of a mode of operation identifiable by the public.

    (b)    The Board may issue one Class B license, Class BLX license, or Class H license to a person for a restaurant located anywhere in the county.

    (c)    The Board may issue a second license to a license holder if:

        (1)    the license holder holds a Class B license that has a restriction prohibiting off–sales, a Class H license, or a Class BLX license;

        (2)    the license sought is a Class H license or a Class BLX license; and

        (3)    the restaurant for which the license is sought is located in:

            (i)    the Glen Burnie Urban Renewal Area;

            (ii)    the Parole Town Center Growth Management Area;

            (iii)    the Odenton Town Center Growth Management Area;

            (iv)    the Baltimore–Washington International Thurgood Marshall Airport State Priority Funding Area, as designated by the county in accordance with § 6–301(f)(8) of the Economic Development Article;

            (v)    a shopping center with a gross area of at least 1,000,000 square feet that is zoned C3 General Commercial or MXD–C (Mixed Use Commercial) by the zoning article of the County Code;

            (vi)    the Route 198 corridor, consisting of properties located within 500 feet of the right–of–way of Maryland Route 198, from Maryland Route 32 on the east to the Prince George’s County–Anne Arundel County line on the west;

            (vii)    a community revitalization zone with a designation in the series “A” through “P”, inclusive, as shown on the map adopted by the County Council by Bill 97–01 of the county ordinances;

            (viii)    the Severn Commercial District, consisting of properties designated as “commercial zoning” by the comprehensive rezoning maps adopted by the County Council and located on that portion of Maryland Route 174 west of Maryland Route 100 and east of the railroad right–of–way owned by the National Railroad Passenger Corporation (Parcel 117, Anne Arundel County Tax Map 29);

            (ix)    the Edgewater/Mayo Commercial District, consisting of those properties that are designated “commercial zoning districts” on the comprehensive rezoning maps adopted by the County Council for the Edgewater/Mayo Small Area Planning District;

            (x)    the Pasadena Commercial District, consisting of those properties that are designated “commercial zoning areas”, including Lake Shore Crossing, Lake Shore Plaza, and the Mountain Marketplace Shopping Center on the comprehensive zoning maps adopted by the County Council for the Pasadena Small Area Planning District; or

            (xi)    the area in Pasadena known as the Brumwell Property.

    (d)    The Board may issue a third license to a license holder if:

        (1)    the license sought is a Class BLX license; and

        (2)    the restaurant for which the license is sought is located in:

            (i)    the Glen Burnie Urban Renewal Area;

            (ii)    the Parole Town Center Growth Management Area;

            (iii)    the Odenton Town Center Growth Management Area;

            (iv)    the Baltimore–Washington International Thurgood Marshall Airport State Priority Funding Area, as designated by the county in accordance with § 6–301(f)(8) of the Economic Development Article;

            (v)    a shopping center with a gross area of at least 1,000,000 square feet that is zoned C3 General Commercial or MXD–C (Mixed Use Commercial) by the zoning article of the County Code;

            (vi)    the Route 198 corridor, consisting of properties located within 500 feet of the right–of–way of Maryland Route 198, from Maryland Route 32 on the east to the Prince George’s County–Anne Arundel County line on the west;

            (vii)    a community revitalization zone with a designation in the series “A” through “P”, inclusive, as shown on the map adopted by the County Council by Bill 97–01 of the county ordinances;

            (viii)    the Severn Commercial District, consisting of properties designated as “commercial zoning” by the comprehensive rezoning maps adopted by the County Council and located on that portion of Maryland Route 174 west of Maryland Route 100 and east of the railroad right–of–way owned by the National Railroad Passenger Corporation (Parcel 117, Anne Arundel County Tax Map 29);

            (ix)    the Edgewater/Mayo Commercial District, consisting of those properties that are designated “commercial zoning districts” on the comprehensive rezoning maps adopted by the County Council for the Edgewater/Mayo Small Area Planning District;

            (x)    the Pasadena Commercial District, consisting of those properties that are designated “commercial zoning areas”, including Lake Shore Crossing, Lake Shore Plaza, and the Mountain Marketplace Shopping Center on the comprehensive zoning maps adopted by the County Council for the Pasadena Small Area Planning District; or

            (xi)    the area in Pasadena known as the Brumwell Property.

    (e)    (1)    The Board may issue a fourth, fifth, sixth, seventh, eighth, ninth, or tenth license to a license holder if the license sought is a Class BLX license.

        (2)    The restaurant for which the license is sought may be located anywhere in the county.

    (f)    (1)    Except as provided in paragraph (2) of this subsection, a license that was issued on or before June 30, 2006, and in which a license holder holds a direct interest or an indirect interest shall be counted against the maximum number of 10 licenses that the license holder may hold under this section but is exempt from the restrictions under subsections (b) through (e) of this section.

        (2)    A Class H license that was issued in the period beginning on March 14, 2005, and ending on December 1, 2005, may not be counted against the maximum number of 10 licenses that the license holder may hold under this section.

    (g)    The Board shall adopt regulations to carry out this section.