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Statutes Text

Article - Alcoholic Beverages




§23–1404.

    (a)    Except as provided in subsections (c) and (d) of this section, at least one of the applicants for a new license for a corporation or limited liability company shall certify that as long as the applicant is the holder of the license, the applicant shall:

        (1)    own at least 10% of the stock in the corporation or interest in the limited liability company; or

        (2)    (i)    serve as the manager or supervisor of the corporation or limited liability company; and

            (ii)    be physically present on a full–time basis at the licensed premises of the corporation or limited liability company to conduct the daily business involving transactions concerning alcoholic beverages sales.

    (b)    Except as provided in subsection (c) of this section, applicants for a license for a corporation or limited liability company shall submit:

        (1)    an executed copy of the articles of incorporation or articles of organization; and

        (2)    a schedule that states:

            (i)    the name, address, and percentage of stock held by each stockholder holding at least 5% of the stock of a corporation; or

            (ii)    the name, address, and percentage of interest held by each member holding at least 5% interest in a limited liability company.

    (c)    (1)    (i)    The stock or interest requirements established under subsection (a) of this section do not apply to a corporation or limited liability company in which:

                1.    the stock of the corporation or interest in the limited liability company is authorized for sale by the United States Securities and Exchange Commission; or

                2.    a majority of the stock of the corporation or interest in the limited liability company is owned or controlled directly or indirectly by one or more corporations or limited liability companies whose stock or interest is authorized for sale by the United States Securities and Exchange Commission.

            (ii)    A corporation or limited liability company provided for in subparagraph (i) of this paragraph shall maintain one applicant as a manager or supervisor physically present on a full–time basis at the licensed premises to conduct the daily business involving transactions concerning alcoholic beverages sales.

        (2)    The schedule requirement established under subsection (b) of this section does not apply to:

            (i)    a corporation whose stock is authorized for sale by the United States Securities and Exchange Commission; or

            (ii)    a limited liability company whose interest is authorized for sale by the United States Securities and Exchange Commission.

    (d)    (1)    The requirements under subsection (a) of this section do not apply to an application for or renewal of a Class C (continuing care retirement community) beer, wine, and liquor license by a nonprofit organization if the manager or supervisor of the continuing care retirement community:

            (i)    is identified on the application;

            (ii)    receives alcohol awareness training from an approved alcohol awareness training program; and

            (iii)    is physically present at the continuing care retirement community on a full–time basis.

        (2)    A continuing care retirement community license shall be issued to:

            (i)    a manager or supervisor; and

            (ii)    two officers, one of whom shall have been a resident of the county for at least 2 years before the application is filed and be a registered voter and taxpayer of the county when the application is filed.