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Statutes Text

Article - Alcoholic Beverages




§13–1604.

    (a)    (1)    Subject to paragraph (2) of this subsection, the Board may approve the transfer of a Class B or Class D license in existence in Election District 15 on May 1, 2012, to another election district if:

            (i)    the approval occurs anytime from May 1, 2012, to April 30, 2017, both inclusive; and

            (ii)    on the date of the approval, the number of licenses in existence in the election district to which the license is to be transferred is not greater than 25% more than the number of licenses that would otherwise exist in that election district, based on the rule of the Board that limits the total number of licenses available in an election district by population.

        (2)    (i)    The Board may not authorize the transfer of more than 25 Class B or Class D licenses in existence on May 1, 2012, out of Election District 15.

            (ii)    Not more than two licenses may be transferred under this subsection into any single election district each year from May 1, 2012, to April 30, 2017, both inclusive.

    (b)    (1)    In accordance with this subsection, the Board shall:

            (i)    approve the transfer of Class B or Class D licenses from Election District 15 to any other election district in the county; or

            (ii)    issue new Class B Service Bar (SB) beer and wine licenses under subsection (c) of this section.

        (2)    On or before April 30, 2013, the Board shall:

            (i)    approve the transfer of five Class B or Class D licenses under subsection (a) of this section or § 13–1705 or § 13–1707 of this title; or

            (ii)    if five licenses are not transferred, issue new Class B Service Bar (SB) licenses so that the number of licenses transferred or issued since May 1, 2012, totals five.

        (3)    On or before April 30, 2014, the Board shall:

            (i)    approve the transfer of Class B or Class D licenses under subsection (a) of this section or § 13–1705 or § 13–1707 of this title so that the cumulative number of licenses transferred or issued since May 1, 2012, totals at least 10; or

            (ii)    if the number of licenses transferred under item (i) of this paragraph is not sufficient, issue new Class B Service Bar (SB) licenses so that the cumulative number of licenses transferred or issued since May 1, 2012, equals 10.

        (4)    On or before April 30, 2015, the Board shall:

            (i)    approve the transfer of Class B or Class D licenses under subsection (a) of this section or § 13–1705 or § 13–1707 of this title so that the cumulative number of licenses transferred or issued since May 1, 2012, totals at least 15; or

            (ii)    if the number of licenses transferred under item (i) of this paragraph is not sufficient, issue new Class B Service Bar (SB) licenses so that the cumulative number of licenses transferred or issued since May 1, 2012, equals 15.

        (5)    On or before April 30, 2016, the Board shall:

            (i)    approve the transfer of Class B or Class D licenses under subsection (a) of this section or § 13–1705 or § 13–1707 of this title so that the cumulative number of licenses transferred or issued since May 1, 2012, totals at least 20; or

            (ii)    if the number of licenses transferred under item (i) of this paragraph is not sufficient, issue new Class B Service Bar (SB) licenses so that the cumulative number of licenses transferred or issued since May 1, 2012, equals 20.

        (6)    On or before April 30, 2017, the Board shall:

            (i)    approve the transfer of Class B or Class D licenses under subsection (a) of this section or § 13–1705 or § 13–1707 of this title so that the cumulative number of licenses issued or transferred since May 1, 2012, totals at least 25; or

            (ii)    if the number of licenses transferred under item (i) of this paragraph is not sufficient, issue new Class B Service Bar (SB) licenses so that the cumulative number of licenses issued or transferred since May 1, 2012, equals 25.

        (7)    In any year, if the Board approves the transfer of more Class B or Class D licenses than are needed to meet the minimum total required for that year, the excess will be counted against the minimum total required for the next year.

        (8)    The date a license is transferred under this subsection is the date of final, nonappealable approval of the application for a new license or for license transfer by the Board.

    (c)    (1)    A Class B Service Bar (SB) beer and wine license may be issued only in compliance with this subsection.

        (2)    A Class B Service Bar (SB) license allows:

            (i)    sales of beer and wine for on–premises consumption; and

            (ii)    alcoholic beverages to be served to patrons only as part of a meal.

        (3)    A Class B Service Bar (SB) license may be used only in the operation of a restaurant, as defined by the Board and this article, that:

            (i)    has table service; and

            (ii)    maintains average daily receipts from the sale of food of at least 60% of the total daily receipts of the establishment.

        (4)    A Class B Service Bar (SB) license does not allow service to a customer who is standing or accepting delivery of purchased food or beverage items other than while seated at a table.

        (5)    (i)    Except as provided in subparagraph (ii) of this paragraph, the proposed restaurant for which a Class B Service Bar (SB) license is sought shall comply with the zoning ordinances of the county, including allowing seating for not fewer than 30 customers and not more than 100 customers.

            (ii)    The license may not be used in conjunction with the viewing of televised sporting events or the use of live bands, disc jockeys, karaoke, or any other form of live entertainment.

        (6)    A Class B or D license transferred under subsection (a) of this section or a Class B Service Bar (SB) license issued under this subsection may not thereafter be transferred from the licensed premises or converted to another class of license.

        (7)    Not more than one Class B Service Bar (SB) license may be issued in any one election district per year.

        (8)    A Class B Service Bar (SB) license may not be issued for use on premises or a location for which any on–sale license has been issued within 2 years before the application for the Class B Service Bar (SB) license is filed.

        (9)    A person may not have a direct or indirect interest as defined in § 13–1606 of this subtitle in more than one Class B Service Bar (SB) license.

    (d)    The annual fee for a Class B Service Bar (SB) beer and wine license is $5,000.

    (e)    (1)    When a license is transferred from Election District 15 to another election district under this section, the license does not continue to exist in Election District 15.

        (2)    Subject to the 25% allowance authorized in subsection (a)(1)(ii) of this section, the Board shall consider a license transferred under this section to be a regular license and not an exception license for determining the total number of licenses available in an election district based on the rule of the Board.

    (f)    (1)    The Board:

            (i)    shall convert a Class D license that is transferred from Election District 15 to any other election district to a Class B license; and

            (ii)    may not thereafter transfer the Class B license from the licensed premises or convert the license to another class of license.

        (2)    The Board may not transfer from a licensed premises or convert a license to another class of license:

            (i)    a new license issued by the Board based on an increase in population under the rule of the Board limiting the total number of licenses available by population; or

            (ii)    a license that has been revoked and reissued by the Board.



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