§12–1706.

    (a)    The Board may not transfer a license into the area bounded by Twenty–Fifth (25th) Street on the north, Centre Street on the south, Howard Street on the west, and Guilford Avenue on the east.

    (b)    (1)    Except as provided in paragraphs (2), (3), and (4) of this subsection, the Board may not transfer a license into:

            (i)    ward 1, precincts 4 and 5;

            (ii)    ward 23, precinct 1; or

            (iii)    ward 24, precinct 5.

        (2)    The Board may allow the transfer of one Class D license into the residential planned unit development for Silo Point located in ward 24, precinct 5 that was enacted by the Mayor and City Council of Baltimore City in Ordinance 04–697 on June 23, 2004, if the Class D license holder operates the establishment in accordance with the provisions of Ordinance 04–697.

        (3)    The Board may allow the transfer of:

            (i)    a Class B–D–7 beer, wine, and liquor license from an area in ward 1, precinct 4 bounded on the north by Elliott Street, on the west by South Robinson Street, on the south by Toone Street, and on the east by Southeast Avenue into an area in ward 1, precinct 5 bounded on the north by Fait Avenue, on the west by South Kenwood Avenue, on the south by Hudson Street, and on the east by South Streeper Street; and

            (ii)    a Class D beer, wine, and liquor license from an area in ward 1, precinct 5 bounded on the north by Fait Avenue, on the west by South Kenwood Avenue, on the south by Hudson Street, and on the east by South Streeper Street into an area in ward 1, precinct 4 bounded on the north by Elliott Street, on the west by South Robinson Street, on the south by Toone Street, and on the east by Southeast Avenue.

        (4)    (i)    The Board may allow the transfer of not more than two Class B beer, wine, and liquor licenses, so that the cumulative number of licenses issued or transferred is two, into the area of 829 through 919 E. Fort Avenue only if:

                1.    the Board has executed a memorandum of understanding between the community associations in Riverside and Locust Point regarding the nature of the proposed establishment; and

                2.    the Board enforces the memorandum of understanding against any license holder that obtains a license under § 12–1604 of this title and seeks to transfer the license.

            (ii)    The Board may not allow a license to be transferred out of the area described in subparagraph (i) of this paragraph and into any other area of ward 24, precinct 5.

    (c)    The Board may not authorize:

        (1)    the transfer of any license into the 46th alcoholic beverages district;

        (2)    the transfer of a new Class B beer, wine, and liquor license to another location within the 46th alcoholic beverages district; or

        (3)    a change of classification of a new Class B beer, wine, and liquor license within the 46th alcoholic beverages district.

    (d)    (1)    Except as provided in paragraph (2) of this subsection, a license may not be transferred into or within:

            (i)    ward 1, precincts 2 and 3;

            (ii)    ward 2 in its entirety;

            (iii)    ward 3, precinct 3; and

            (iv)    ward 26, precincts 3 and 10.

        (2)    This subsection does not apply to an application for a new license or a transfer from within the areas described in paragraph (1) of this subsection if the new license or transfer is for:

            (i)    a hotel;

            (ii)    an establishment located in a planned unit development if the application for the planned unit development was filed or approved before December 31, 1995;

            (iii)    an establishment located in an area governed by the Inner Harbor East Urban Renewal Plan; or

            (iv)    an establishment that has:

                1.    a seating capacity of fewer than 150 individuals;

                2.    average daily receipts from the sale of food that are at least 51% of the total daily receipts of the establishment; or

                3.    a seating capacity of fewer than 200 individuals only if the establishment is within ward 3, precinct 3.