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Statutes Text

Article - Alcoholic Beverages and Cannabis


    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Capital investment” means amounts paid for the acquisition of property:

            (i)    for a useful life greater than 1 year; or

            (ii)    for a permanent improvement or betterment of the property that has a useful life greater than 1 year.

        (3)    “Cost of land” includes:

            (i)    the purchase price, taxes and fees incidental to the purchase, and costs related to obtaining appropriate zoning and licensing;

            (ii)    the cost of site grading, preparation, paving, sidewalks, gutters, curbs, and landscaping; and

            (iii)    the cost of the construction and installation of all utilities to the exterior of the building shell.

        (4)    “Cost of the building shell” includes the cost attributable to a structure with a roof, sidewalls, doors, and windows completely enclosed and weatherproofed on a slab or other subflooring.

    (b)    The Board may issue a 7–day Class BLX deluxe restaurant on–sale beer, wine, and liquor license.

    (c)    The license may only be used in an establishment that:

        (1)    qualifies as a restaurant under the regulations of the Board;

        (2)    has a minimum seating capacity of 100 individuals for dining;

        (3)    has a cocktail lounge or bar area seating capacity not exceeding 25% of the seating capacity for dining;

        (4)    has parking facilities to accommodate a minimum of 75 vehicles; and

        (5)    has a minimum capital investment by the applicant for the license of $800,000, exclusive of the cost of the land and buildings.

    (d)    (1)    If an applicant for the license purchases an existing building, the capital investment attributable to the cost of the building shell will be based on the fair market value of the structures for which the cost of the building shell was incurred, determined at the time of purchase.

        (2)    The capital investment, excluding land and building shell, shall also be evaluated at the fair market value at the time of purchase.

        (3)    If the premises are leased, the rent paid for the land shall be considered a cost of land and any rent paid for a building shall be considered a cost of the building shell.

    (e)    The license may not be issued for use in an establishment that is a fast–food style restaurant.

    (f)    A license holder may exercise the privileges of sale under a Class BLX license during the same hours and days as those for a Class B on–sale beer, wine, and liquor license in the county.

    (g)    (1)    This subsection does not apply to a transfer of license holders for the same premises or a renewal of a Class BLX license.

        (2)    A Class BLX license may not be transferred from the location site of the first issuance of the license.

    (h)    The annual license fee is $1,200.

    (i)    The Board shall adopt regulations to carry out this section.

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