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Statutes Text

Article - Alcoholic Beverages




§23–902.

    (a)    There is a Class B beer, wine, and liquor license.

    (b)    The Board may issue the license to the owner of a hotel that:

        (1)    is in a building at least three stories tall that was originally constructed for hotel purposes;

        (2)    has a capital investment of at least $500,000; and

        (3)    contains:

            (i)    at least one passenger elevator;

            (ii)    at least 100 rooms to accommodate the public; and

            (iii)    a dining room with facilities for preparing and serving regular meals for at least 125 individuals at one seating.

    (c)    The license authorizes the license holder to sell beer, wine, and liquor at retail at a hotel or restaurant at the place described in the license for on–premises consumption.

    (d)    (1)    There is a beer and wine (B–SBW) off–sale permit.

        (2)    The Board may issue the permit only to a holder of the Class B beer, wine, and liquor license that is issued for a restaurant.

        (3)    A holder of the permit:

            (i)    may sell beer and wine for off–premises consumption only to persons who have purchased food or alcohol from the licensed premises; and

            (ii)    may not display or provide shelving for beer or wine for off–premises sales in areas of the establishment that are accessible to the public.

        (4)    The term of the permit is the same as that of the Class B beer, wine, and liquor license that the applicant holds.

        (5)    Before the Board may issue the permit:

            (i)    the applicant shall complete the form that the Board provides; and

            (ii)    the same advertising, posting of notice, and public hearing requirements as those for Class B licenses shall be met.

        (6)    Off–sale alcoholic beverages receipts collected under the permit shall be included in the calculation of average daily receipts from the sale of alcoholic beverages in a restaurant under § 1–101 of this article.

        (7)    A holder of the permit may exercise the privileges of the permit only when the licensed premises is open for business as a restaurant.

        (8)    The Board may adopt regulations to carry out this subsection, including a limit on the number of permits to be issued.

    (e)    The Comptroller may issue one Class 8 farm brewery license and one Class 7 micro–brewery license to a license holder that holds not more than five Class B and six Class BLX beer, wine, and liquor licenses.

    (f)    The annual license fees are:

        (1)    $1,000 for the Class B beer, wine, and liquor license; and

        (2)    $500 for the off–sale beer and wine permit.



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