§ 15-203. County dispensaries

   (a) Authorized. --

   (1) The liquor control boards may establish and maintain stores to be known as "county liquor dispensaries", for the sale of any sparkling or fortified wine and any other alcoholic beverages containing more than 14 percent of alcohol by volume, in sealed packages or containers. These packages or containers may not be opened nor their contents consumed upon the premises where sold.

   (2) In Montgomery County they may sell any alcoholic beverages.

   (3) In the following counties they may sell any alcoholic beverages except beer:

      (i) Somerset; and

      (ii) Worcester.

(a-1) Garrett County. -- In Garrett County liquor dispensaries may be established and maintained in Grantsville (district No. 3) and in Oakland (district No. 7). The dispensaries are authorized to make Class A or "off-sales" of wine and liquor. All liquor and wines sold by Class B and C (on-sale) beer, wine and liquor licensees may be purchased from a Garrett County liquor dispensary or any licensed wholesale supplier. If the Garrett County Liquor Control Board maintains county liquor dispensaries, any licensee, except the holders of special Class D licenses, having wine or liquor in his possession on the licensed premises which is not purchased from a Garrett County liquor dispensary shall suffer a revocation of his license for the sale of beer, wine and liquor unless the licensee reports these purchases, and pays to the Liquor Control Board that sum of money which the Board would charge the licensee for similar purchases, less the actual amount paid for the purchases. The Board is authorized to inspect the premises of all holders of Class B and C licenses in the county to determine their compliance with all laws applicable to the sale of beer, wines and liquors in the county.

(b) Harford County. -- Repealed.

(c) Kent County. -- Repealed.

(d) Montgomery County. --

   (1) This subsection applies in Montgomery County.

   (2) The county liquor dispensaries may be established at one or more locations determined by the Director of the Department of Liquor Control with the approval of the County Executive.

   (3) The Director of the Department of Liquor Control may not enter into a contract with a person to operate a retail outlet for the sale of beer, wine and liquor unless:

      (i) The Board of License Commissioners determines that the person is fit to operate the retail outlet; and

      (ii) The Director had a contract with the person to operate the retail outlet on January 1, 1997.

   (4) Except as provided in paragraph (3) of this subsection, the Director of the Department of Liquor Control may not contract with a person to operate a county liquor dispensary or a retail outlet for the sale of beer, wine, and liquor.

   (5) (i) In county retail dispensary stores and in retail outlets operated under contract with the Director of the Department of Liquor Control only the following items may be sold:

         1. Nonchilled beer;

         2. Wine;

         3. Liquor;

         4. Ice;

         5. Bottled water; and

         6. Items commonly associated with the serving or consumption of alcoholic beverages, such as bottle openers, corkscrews, drink mixes, and lime juice.

      (ii) A county retail dispensary store or retail outlet operated under contract with the Director of the Department of Liquor Control may not sell snack foods and soft drinks.

   (6) For purposes of enforcing the provisions of this article relating to the sale of alcoholic beverages to minors and Title 10, Subtitle 1, Part II of the Criminal Law Article:

      (i) A manager of a county liquor dispensary, and an individual with whom the Director of the Department of Liquor Control contracts to operate a retail outlet under paragraph (3) of this subsection, shall be deemed licensees;

      (ii) An employee of a county liquor dispensary, and an employee of the retail outlet under paragraph (3) of this subsection, shall be deemed employees of a licensee; and

      (iii) An individual listed in item (i) or (ii) of this paragraph who violates any provision of this article relating to the sale of alcoholic beverages to minors, or Title 10, Subtitle 1, Part II of the Criminal Law Article:

         1. Is subject to the penalties authorized by law, including a civil citation issued under § 16-408 of this article and § 10-119 of the Criminal Law Article; and

         2. Is subject to fine and suspension or revocation of employment by the Board of License Commissioners in the same manner as a licensee or employee of a licensee is subject to fine and suspension or revocation for a violation.

(e) Somerset County. -- In Somerset County the county liquor dispensaries may be established and maintained only at Crisfield, in the West Princess Anne election district, and in Dublin election district.

(e-1) Wicomico County. -- In Wicomico County, the county liquor dispensaries may sell chilled beer, nonchilled beer, wine, liquor, ice, and bottled water.

(f) Worcester County. -- In Worcester County the county liquor dispensaries may be established and maintained only at Pocomoke City, Snow Hill, Berlin and Ocean City, or in a housing development with a population of at least 10,000 that is overseen by a homeowners association and that has a special police force commissioned under Title 3, Subtitle 3 of the Public Safety Article, and in any rural areas that may be approved by the Liquor Control Board and the County Commissioners of Worcester County.

HISTORY: An. Code, 1951, § 152; 1947, ch. 501, § 144; 1951, ch. 633, § 141 (d); 1953, chs. 76, 193; 1955, chs. 143, 361; 1961, ch. 615, § 1; 1966, ch. 309, § 1; 1967, chs. 365, 758; 1968, ch. 399; 1970, ch. 469; ch. 633, § 2; 1971, ch. 689; 1972, ch. 625, § 1; 1974, chs. 265, 276; 1975, ch. 77; 1976, ch. 342; ch. 743, § 1; 1977, ch. 754; ch. 837, § 1; ch. 967; 1979, ch. 742; 1981, chs. 17, 223; 1985, ch. 77; 1987, ch. 265; 1988, ch. 110, § 2; ch. 654; 1989, ch. 5, § 15; 1990, ch. 6, § 2; 1991, ch. 236; 1994, ch. 55; 1997, ch. 701; 1998, ch. 21, § 1; 2000, ch. 180; 2001, ch. 29, § 6; 2002, ch. 213, § 6; 2004, ch. 182; 2008, ch. 92.