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Statutes Text

Article - Alcoholic Beverages




§1–201.

    (a)    (1)    (i)    To obtain respect and obedience to law and to foster and promote temperance, it is the policy of the State to regulate and control:

                1.    the manufacture, sale, distribution, transportation, and storage of alcoholic beverages in the State; and

                2.    the transportation and distribution of alcoholic beverages into and out of the State.

            (ii)    To carry out this policy in the best public interest, it is the intent of the General Assembly that the Commission, Executive Director, local licensing boards, liquor control boards, enforcement officers, and judges of the courts of the State be empowered to administer and enforce this article.

        (2)    It is also the policy of the State to:

            (i)    tax alcoholic beverages as provided in the Tax – General Article; and

            (ii)    deny to a political subdivision in the State, by public general or public local law, the power to impose a tax on distilled spirits, beer, wine, and all other alcoholic beverages.

        (3)    The restrictions, regulations, provisions, and penalties contained in this article are for the protection, health, welfare, and safety of the people of the State.

    (b)    (1)    It continues to be the policy of the State to authorize the exercise of the powers provided by this article to displace or limit economic competition by regulating and engaging in the sale or distribution of alcoholic beverages to:

            (i)    obtain respect and obedience to law;

            (ii)    foster and promote temperance;

            (iii)    prevent deceptive, destructive, and unethical business practices; and

            (iv)    promote the general welfare of its residents by controlling the sale and distribution of alcoholic beverages.

        (2)    The officials and units granted powers by this article to regulate and engage in the alcoholic beverages industry may:

            (i)    displace or limit economic competition by regulating and engaging in the sale or distribution of alcoholic beverages on an exclusive basis as provided in this article; and

            (ii)    adopt and enforce regulations authorized by this article notwithstanding any anticompetitive effect.

        (3)    The powers granted to an official or a unit in accordance with this subsection do not:

            (i)    grant to the official or unit powers in any substantive area not otherwise granted to the official or unit by other public general or public local law;

            (ii)    restrict the official or unit from exercising any power granted to the official or unit by other public general or public local law or otherwise;

            (iii)    authorize the official or unit or officers of the unit to engage in any activity that is beyond their power under a public general or public local law or otherwise; or

            (iv)    preempt or supersede the regulatory authority of a State unit under a public general law.



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