About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

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While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

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Statute Text

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Article - Alcoholic Beverages
§2–207.  
(a)   There is a Class 5 brewery license.
(b)   A license holder may:
(1)   establish and operate a plant for brewing and bottling malt beverages at the location described in the license;
(2)   import beer from a holder of a nonresident dealer’s permit;
(3)   sell and deliver beer to:
(i)   a holder of a wholesaler’s license that is authorized to acquire beer; or
(ii)   a person outside of the State that is authorized to acquire beer;
(4)   serve, at no charge, not more than six samples of beer brewed at the brewery, with each sample consisting of not more than 3 ounces from a single style of beer, to an individual who:
(i)   has attained the legal drinking age; and
(ii)   is participating in a guided tour of the brewery or attends a scheduled promotional event or other organized activity at the brewery;
(5)   subject to subsection (c) of this section, sell beer brewed at the brewery for off–premises consumption at retail to an individual participating in a guided tour of the brewery or attending a scheduled promotional event or other organized activity at the brewery; and
(6)   subject to subsection (e) of this section, sell beer brewed at the location described in the license for on–premises consumption.
(c)   An individual may purchase beer under subsection (b)(5) of this section if the individual:
(1)   purchases not more than 288 ounces of beer; and
(2)   has attained the legal drinking age.
(d)   The annual license fee is $1,500.
(e)    (1)   A local licensing board shall grant an on–site consumption permit to an applicant that holds a Class 5 brewery license and, subject to paragraph (3) of this subsection, a Class D beer license.
(2)    (i)   An on–site consumption permit entitles the holder to sell beer brewed at the brewery for on–premises consumption to an individual who has attained the legal drinking age.
(ii)   The total amount of beer sold each year for on–premises consumption under this paragraph may not exceed 500 barrels.
(3)   Before a local licensing board that does not issue a Class D beer license may grant an on–site consumption permit, the local licensing board shall:
(i)   establish an equivalent license; and
(ii)   require the applicant to obtain that equivalent license.
(4)   A local licensing board may:
(i)   charge a fee for granting an on–site consumption permit; and
(ii)   require that the holder of the permit or an employee designated by the holder comply with the alcohol awareness training requirements under § 4–505 of this article.
(f)    (1)   The Comptroller may issue a brewery promotional event permit to a holder of a Class 5 brewery license.
(2)   The permit authorizes the holder to conduct on the premises of the brewery a promotional event at which the holder may:
(i)   provide samples of not more than 3 fluid ounces per brand to consumers; and
(ii)   sell beer produced by the holder to individuals who participate in the event.
(3)   The beer at the event shall be sold by the glass for on–premises consumption only.
(4)   To obtain a permit, an applicant, at least 15 days before the event, shall file with the Comptroller an application that the Comptroller provides.
(5)   A holder of a Class 5 brewery license may not be issued more than 12 permits in a calendar year.
(6)   A single promotional event may not exceed 3 consecutive days.
(7)   The permit fee is $25 per event.
(g)    (1)    (i)   The Comptroller may issue a refillable container permit for draft beer under § 4–1104 or Subtitle 11 of the various titles in Division II of this article to a holder of a Class 5 brewery license:
1.   on completion of an application form that the Comptroller provides; and
2.   at no cost to the holder of the Class 5 brewery license.
(ii)   A refillable container permit may be renewed each year concurrently with the renewal of the Class 5 brewery license.
(2)   The hours of sale for a refillable container permit issued under this subsection are the same as the hours when a guided tour, a promotional event, or other organized activity at the licensed premises authorized under subsection (b) of this section may be conducted.