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Statutes Text

Article - Alcoholic Beverages




§26–1406.

    (a)    This section does not apply to:

        (1)    a racetrack license;

        (2)    a Class BLX license;

        (3)    an arena license;

        (4)    a Class BCE (catering) license;

        (5)    a Class B–CC (convention center) license;

        (6)    a Class B/ECF (educational conference facility) license;

        (7)    the issuance, renewal, or transfer of Class B–DD (development district) licenses; or

        (8)    a business whose stock or interest is authorized for sale by the United States Securities and Exchange Commission.

    (b)    (1)    An application for a license on behalf of a corporation, an incorporated or unincorporated club, or a limited liability company shall be made by and the license issued to three officers of the corporation or club or three authorized persons of the limited liability company, as individuals.

        (2)    An application for a license shall:

            (i)    state the name and address of each officer of the corporation or club or authorized person of the limited liability company;

            (ii)    state the name and address of the corporation, club, or limited liability company; and

            (iii)    be signed by:

                1.    the president or vice president of the corporation or club; or

                2.    three officers or authorized persons to whom the licenses are to be issued.

        (3)    If a corporation or club has fewer than three officers or directors or a limited liability company has fewer than three authorized persons, each officer, director, or authorized person shall apply for a license.

    (c)    (1)    This subsection does not apply to a Class B–Stadium beer and light wine license, a 7–day Class B–ECR on–sale beer, wine, and liquor license, or a Class B–WPL (waterfront pavilion) beer, wine, and liquor license.

        (2)    To be eligible to receive a license, an applicant shall:

            (i)    have been a resident of the State for at least 1 year before the application is filed and continue to be a resident as long as the license is in effect; and

            (ii)    be a registered voter of the State.

    (d)    (1)    A license may not be issued, renewed, or transferred to an individual applying for a license for a corporation, an unincorporated association, or a limited liability company, unless residents of the State own:

            (i)    25% of the total issued capital stock of the corporation or unincorporated association; or

            (ii)    25% of the interest in the limited liability company.

        (2)    If a close corporation does not have officers or directors:

            (i)    at least 25% of the stock shall be held by residents of the State;

            (ii)    there shall be an affirmative vote of the majority stockholders;

            (iii)    at least one stockholder shall apply for the license as provided in this section; and

            (iv)    each year, the applicants or corporation shall submit to the Board a sworn statement that includes the name and address of each stockholder of the corporation and the number of shares that each stockholder owns and has a right to vote at a stockholders meeting.