§31–1601.

    (a)    In this section, “population ratio quota” means one license for every 3,000 individuals residing in the election district where the license will be issued:

        (1)    as determined by the last federal population census; but

        (2)    excluding individuals detained or confined in a correctional facility as defined in § 1–101 of the Correctional Services Article.

    (b)    Except as provided in subsections (c) and (d) of this section, the Board may not issue a Class A off–sale license, a Class B on– and off–sale license, or a Class D on– and off–sale license in an election district if the number of licenses exceeds the population ratio quota.

    (c)    The Board may:

        (1)    issue a Class A off–sale license, a Class B on– and off–sale license, or a Class D on– and off–sale license if the Board:

            (i)    determines that there is a public need and desire, including government–sanctioned economic revitalization; and

            (ii)    states in the order issuing the license the reasons for its decision to exceed the population ratio quota; or

        (2)    renew the license or approve the transfer of a license for the same premises.

    (d)    The Board may issue an on–sale license to a restaurant that:

        (1)    is located in a permanent building;

        (2)    regularly sells and serves food to the public;

        (3)    has a seating capacity of at least 50 persons; and

        (4)    has annual gross sales of food and nonalcoholic beverages that exceed its annual gross sales of alcoholic beverages.