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Statutes Text

Article - Alcoholic Beverages




§26–1616.

    (a)    There is a Class BLX license.

    (b)    The Board may issue the license for use in:

        (1)    a luxury–type restaurant, as defined in regulations of the Board, that has:

            (i)    a minimum capital investment of $1,000,000 for a dining room facility and kitchen equipment, not including the cost of the land, building, or lease; and

            (ii)    seating for at least 100 individuals; and

        (2)    subject to subsection (c) of this section, a movie theater if:

            (i)    the owner or operator of the movie theater has invested at least $5,000,000 in renovating or remodeling the movie theater;

            (ii)    excluding candy and popcorn, the average daily receipts from the sale of food of the movie theater exceed the average daily receipts from the sale of alcoholic beverages; and

            (iii)    any employee who serves alcoholic beverages is certified by an approved alcohol awareness program.

    (c)    The Board may not issue a Class BLX license to a movie theater in the 26th legislative district.

    (d)    The holder of a Class BLX license issued for a movie theater may serve only customers who have proof of admission to the movie theater.

    (e)    (1)    If the criteria under subsection (b)(1) of this section are met, the Board may issue or transfer one Class BLX license for use in a luxury–type restaurant on behalf of:

            (i)    the county;

            (ii)    the Maryland–National Capital Park and Planning Commission; or

            (iii)    a private concessionaire under contract with:

                1.    the county; or

                2.    the Maryland–National Capital Park and Planning Commission.

        (2)    The Board may determine:

            (i)    the number of licenses to be issued;

            (ii)    to whom the license may be issued; and

            (iii)    whether a holder of an alcoholic beverages license may have an interest in one Class BLX license.

        (3)    The license authorizes the license holder to sell beer, wine, and liquor for on–premises consumption.

    (f)    (1)    Subject to paragraphs (2) and (3) of this subsection, a person may not hold more than 15 Class BLX licenses.

        (2)    The Board may issue:

            (i)    a fifth license to a license holder only if the date of application for the fifth license is at least 1 year after the date the license holder was issued the fourth license; and

            (ii)    a sixth license only if the date of application for the sixth license is at least 1 year after the date the license holder was issued the fifth license.

        (3)    In determining whether to issue a fifth, sixth, or subsequent license to a single license holder, the Board:

            (i)    shall consider the number of licensed establishments existing in the area surrounding the site of the proposed licensed establishment; and

            (ii)    may issue an additional license only if the Board determines that the proposed licensed establishment will enhance the recreational, business, and economic development of the area.

    (g)    The profit realized from the sale of an alcoholic beverage under a license issued under subsection (e)(1) of this section may be for the use and benefit of the license holder.

    (h)    (1)    This subsection applies only to a license that is issued for an establishment that is located on the campus of the University of Maryland, College Park within an area that is bounded as follows: from the intersection of Rossborough Lane and Diamondback Drive, north on Diamondback Drive to the intersection with Campus Drive, southeast on Campus Drive to the point where Campus Drive runs directly parallel to Rossborough Lane where it intersects with Rhode Island Avenue, south from the roadway of Campus Drive to the intersection of Rossborough Lane and Rhode Island Avenue, then northwest along Rossborough Lane back to the intersection of Rossborough Lane and Diamondback Drive.

        (2)    Notwithstanding § 26–1103.1 of this title, the license holder may offer entertainment when individuals under the age of 21 years are present if:

            (i)    the license holder enters into an agreement with the College Park City–University Partnership, the city of College Park, and the University of Maryland to work together to provide a quality restaurant experience and appropriate community–oriented entertainment targeted toward both the local and campus communities; and

            (ii)    the lease of the property on which the licensed premises is located includes provisions that require the license holder to:

                1.    immediately notify the landlord of any violation or citation relating to the license;

                2.    work closely with the College Park City–University Partnership and its members to maintain a safe and healthy community–oriented establishment;

                3.    provide to the College Park City–University Partnership and its members each month a list of upcoming events;

                4.    participate in reviews;

                5.    maintain and operate the facility in a manner that is safe, healthy, and community–oriented; and

                6.    refrain from advertisements or inducements that may be interpreted to encourage consumption of alcoholic beverages by underage patrons.

        (3)    The agreement under paragraph (2)(i) of this subsection shall provide that:

            (i)    live music and entertainment will generally start by 8:00 p.m. or 9:00 p.m. and end by midnight, but may on occasion occur between 8:00 a.m. and 8:00 p.m.;

            (ii)    if an event is anticipated to extend later than midnight, the license holder shall inform and request comment from the University of Maryland and the College Park City–University Partnership; and

            (iii)    the license holder shall employ appropriate levels of security for every live music and entertainment event.

        (4)    The license holder shall meet with the College Park City–University Partnership Board of Directors every 6 months to review reports and security measures and to assist in improvement of community–oriented events.

        (5)    The license holder shall indemnify the College Park City–University Partnership for any recommendations the license holder makes to the Board.

    (i)    The annual license fee is $3,875.



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