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Statutes Text

Article - Alcoholic Beverages




§2–210.    IN EFFECT

    (a)    There is a Class 8 farm brewery license.

    (b)    (1)    Subject to paragraph (2) of this subsection, a license holder may sell and deliver beer manufactured in a facility on the licensed farm or in a facility other than one on the licensed farm to:

            (i)    a wholesaler licensed to sell and deliver beer in the State; or

            (ii)    a person in another state authorized to acquire beer.

        (2)    The beer to be sold and delivered under paragraph (1) of this subsection shall be manufactured with an ingredient from a Maryland agricultural product, including hops, grain, and fruit, produced on the licensed farm.

    (c)    A license holder may:

        (1)    (i)    sell beer produced by the license holder for on–premises consumption;

            (ii)    in an amount not exceeding 6 fluid ounces per brand, provide samples of beer that the license holder produces to a consumer:

                1.    at no charge; or

                2.    for a fee;

            (iii)    sell or serve:

                1.    bread and other baked goods;

                2.    chili;

                3.    chocolate;

                4.    crackers;

                5.    cured meat;

                6.    fruits (whole and cut);

                7.    hard and soft cheese (whole and cut);

                8.    salads and vegetables (whole and cut);

                9.    ice cream;

                10.    jam;

                11.    jelly;

                12.    vinegar;

                13.    pizza;

                14.    prepackaged sandwiches and other prepackaged foods ready to be eaten;

                15.    soup; and

                16.    condiments; and

            (iv)    subject to subsection (e)(2) of this section, sell or serve any food if the license holder is licensed to operate a food establishment under Title 21, Subtitle 3 of the Health – General Article;

        (2)    store, in a segregated area approved by the Comptroller, beer produced by the license holder for sale and delivery to a wholesaler licensed in the State or a person outside the State authorized to acquire the beer;

        (3)    brew, bottle, or contract for not more than 15,000 barrels of beer each calendar year;

        (4)    contract with the holder of a Class 2 rectifying license, a Class 5 brewery license, or a Class 7 micro–brewery license to brew and bottle beer from ingredients produced on the licensed farm;

        (5)    import, export, and transport its beer in accordance with this section;

        (6)    store, brew, and bottle beer in a facility listed on a permit issued to the license holder in accordance with § 2–113 of this title, for sale and delivery to a wholesaler licensed in the State or a person outside the State authorized to acquire the beer, or shipment back to the licensed farm, if:

            (i)    the license holder does not serve or sell beer at the warehouse; and

            (ii)    the Comptroller has full access at all times to the warehouse to enforce this article; and

        (7)    enter into a temporary delivery agreement with a distributor only for delivery of beer to a beer festival or a wine and beer festival, and the return of any unused beer, if:

            (i)    the festival is in a sales territory for which the license holder does not have a franchise with a distributor under the Beer Franchise Fair Dealing Act in Title 5, Subtitle 1 of this article; and

            (ii)    the temporary delivery agreement is in writing.

    (d)    (1)    A Class 8 farm brewery may be located only at the place stated on the license.

        (2)    The place listed on the license shall be in compliance with § 1–405(b) of this article.

    (e)    (1)    Except as provided in paragraph (2) of this subsection and notwithstanding any local law, a license holder may exercise the privileges of a Class 8 farm brewery license.

        (2)    A license holder who sells foods under subsection (c)(1)(iv) of this section shall meet the same ratio of gross receipts between food and alcoholic beverages sales as a holder of a Class D beer and wine license or an equivalent license in the jurisdiction, as the local licensing board determines.

    (f)    Subject to subsections (i) and (j) of this section, a license holder at the location listed on the license may exercise the privileges of the license each day from 10 a.m. to 10 p.m.

    (g)    Except as provided in Division II of this article, a Class 8 farm brewery license allows the license holder to operate 7 days a week.

    (h)    Nothing in this section limits the application of relevant provisions of Title 21 of the Health – General Article, and regulations adopted under that title, to a license holder.

    (i)    (1)    A license holder may sponsor a multibrewery activity at the location issued on the license that:

            (i)    includes the products of other Maryland breweries; and

            (ii)    provides for the sale of beer by the glass for on–premises consumption only.

        (2)    In a segregated area approved by the Comptroller at the location listed on the license, a license holder may store the products of other Maryland breweries for the multibrewery activity.

        (3)    The multibrewery activity:

            (i)    may be held from 10 a.m. to 10 p.m. each day; and

            (ii)    may not exceed 3 consecutive days.

    (j)    (1)    The Comptroller may issue a brewery promotional event permit to a license holder.

        (2)    At least 15 days before holding a planned promotional event, the license holder shall obtain a permit from the Comptroller by filing a notice of the promotional event on the form that the Comptroller provides.

        (3)    The permit authorizes the license holder to conduct at the location listed on the license a promotional event at which the license holder may:

            (i)    provide samples of not more than 6 fluid ounces per brand to consumers; and

            (ii)    sell beer produced by the license holder to persons who participate in the event.

        (4)    The beer at the event shall be sold by the glass and for on–premises consumption only.

        (5)    The license holder may not be issued more than 12 permits in a calendar year.

        (6)    A single promotional event:

            (i)    may be held from 10 a.m. to 10 p.m. each day; and

            (ii)    may not exceed 3 consecutive days.

        (7)    The permit fee is $25 per event.

    (k)    The annual license fee is $200.

    (l)    (1)    On or before October 1 each year, the Comptroller shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, the total beer production of each Class 8 license holder in the preceding fiscal year, identified by jurisdiction and license holder.

        (2)    Each holder of a Class 8 license shall report to the Comptroller the information needed to prepare the annual report required under this subsection.

        (3)    The Comptroller shall include the information reported under this subsection in the annual report submitted under § 1–306 of this article.

§2–210.    ** TAKES EFFECT JUNE 1, 2020 PER CHAPTER 12 OF 2019 **

    (a)    There is a Class 8 farm brewery license.

    (b)    (1)    Subject to paragraph (2) of this subsection, a license holder may sell and deliver beer manufactured in a facility on the licensed farm or in a facility other than one on the licensed farm to:

            (i)    a wholesaler licensed to sell and deliver beer in the State; or

            (ii)    a person in another state authorized to acquire beer.

        (2)    The beer to be sold and delivered under paragraph (1) of this subsection shall be manufactured with an ingredient from a Maryland agricultural product, including hops, grain, and fruit, produced on the licensed farm.

    (c)    A license holder may:

        (1)    (i)    sell beer produced by the license holder for on–premises consumption;

            (ii)    in an amount not exceeding 6 fluid ounces per brand, provide samples of beer that the license holder produces to a consumer:

                1.    at no charge; or

                2.    for a fee;

            (iii)    sell or serve:

                1.    bread and other baked goods;

                2.    chili;

                3.    chocolate;

                4.    crackers;

                5.    cured meat;

                6.    fruits (whole and cut);

                7.    hard and soft cheese (whole and cut);

                8.    salads and vegetables (whole and cut);

                9.    ice cream;

                10.    jam;

                11.    jelly;

                12.    vinegar;

                13.    pizza;

                14.    prepackaged sandwiches and other prepackaged foods ready to be eaten;

                15.    soup; and

                16.    condiments; and

            (iv)    subject to subsection (e)(2) of this section, sell or serve any food if the license holder is licensed to operate a food establishment under Title 21, Subtitle 3 of the Health – General Article;

        (2)    store, in a segregated area approved by the Comptroller, beer produced by the license holder for sale and delivery to a wholesaler licensed in the State or a person outside the State authorized to acquire the beer;

        (3)    brew, bottle, or contract for not more than 15,000 barrels of beer each calendar year;

        (4)    contract with the holder of a Class 2 rectifying license, a Class 5 brewery license, or a Class 7 micro–brewery license to brew and bottle beer from ingredients produced on the licensed farm;

        (5)    import, export, and transport its beer in accordance with this section;

        (6)    store, brew, and bottle beer in a facility listed on a permit issued to the license holder in accordance with § 2–113 of this title, for sale and delivery to a wholesaler licensed in the State or a person outside the State authorized to acquire the beer, or shipment back to the licensed farm, if:

            (i)    the license holder does not serve or sell beer at the warehouse; and

            (ii)    the Comptroller has full access at all times to the warehouse to enforce this article; and

        (7)    enter into a temporary delivery agreement with a distributor only for delivery of beer to a beer festival or a wine and beer festival, and the return of any unused beer, if:

            (i)    the festival is in a sales territory for which the license holder does not have a franchise with a distributor under the Beer Franchise Fair Dealing Act in Title 5, Subtitle 1 of this article; and

            (ii)    the temporary delivery agreement is in writing.

    (d)    (1)    A Class 8 farm brewery may be located only at the place stated on the license.

        (2)    The place listed on the license shall be in compliance with § 1–405(b) of this article.

    (e)    (1)    Except as provided in paragraph (2) of this subsection and notwithstanding any local law, a license holder may exercise the privileges of a Class 8 farm brewery license.

        (2)    A license holder who sells foods under subsection (c)(1)(iv) of this section shall meet the same ratio of gross receipts between food and alcoholic beverages sales as a holder of a Class D beer and wine license or an equivalent license in the jurisdiction, as the local licensing board determines.

    (f)    Subject to subsections (i) and (j) of this section, a license holder at the location listed on the license may exercise the privileges of the license each day from 10 a.m. to 10 p.m.

    (g)    Except as provided in Division II of this article, a Class 8 farm brewery license allows the license holder to operate 7 days a week.

    (h)    Nothing in this section limits the application of relevant provisions of Title 21 of the Health – General Article, and regulations adopted under that title, to a license holder.

    (i)    (1)    A license holder may sponsor a multibrewery activity at the location issued on the license that:

            (i)    includes the products of other Maryland breweries; and

            (ii)    provides for the sale of beer by the glass for on–premises consumption only.

        (2)    In a segregated area approved by the Comptroller at the location listed on the license, a license holder may store the products of other Maryland breweries for the multibrewery activity.

        (3)    The multibrewery activity:

            (i)    may be held from 10 a.m. to 10 p.m. each day; and

            (ii)    may not exceed 3 consecutive days.

    (j)    (1)    The Comptroller may issue a brewery promotional event permit to a license holder.

        (2)    At least 15 days before holding a planned promotional event, the license holder shall obtain a permit from the Comptroller by filing a notice of the promotional event on the form that the Comptroller provides.

        (3)    The permit authorizes the license holder to conduct at the location listed on the license a promotional event at which the license holder may:

            (i)    provide samples of not more than 6 fluid ounces per brand to consumers; and

            (ii)    sell beer produced by the license holder to persons who participate in the event.

        (4)    The beer at the event shall be sold by the glass and for on–premises consumption only.

        (5)    The license holder may not be issued more than 12 permits in a calendar year.

        (6)    A single promotional event:

            (i)    may be held from 10 a.m. to 10 p.m. each day; and

            (ii)    may not exceed 3 consecutive days.

        (7)    The permit fee is $25 per event.

    (k)    The annual license fee is $200.

    (l)    (1)    On or before October 1 each year, the Comptroller shall report to the Senate Education, Health, and Environmental Affairs Committee and the House Economic Matters Committee, in accordance with § 2–1246 of the State Government Article, the total beer production of each Class 8 license holder in the preceding fiscal year, identified by jurisdiction and license holder.

        (2)    Each holder of a Class 8 license shall report to the Comptroller the information needed to prepare the annual report required under this subsection.

        (3)    The Comptroller shall include the information reported under this subsection in the annual report submitted under § 1–316 of this article.



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