§ 2-202. Distillery license

   (a) Authority. -- A Class 1 manufacturer's license:

   (1) Is a distillery license;

   (2) Authorizes the:

      (i) Establishment and operation in this State of a plant for distilling brandy, rum, whiskey, alcohol and neutral spirits;

      (ii) Sale and delivery of those alcoholic beverages in bulk to persons authorized in this State to acquire them; and

      (iii) Sale and delivery of those alcoholic beverages to persons located outside this State;

   (3) Shall be obtained for each trade name and for each distillery in this State;

   (4) Permits a distiller to manufacture alcoholic beverages in the name of another person or under a trade name, provided a distillery license has been issued to that other person or under that trade name, as the case may be;

   (5) Permits the holder of the license to acquire bulk alcoholic beverages from the holder of a distillery, rectifying, or winery license in this State or from the holder of a nonresident dealer's permit; and

   (6) Permits the holder of the license to:

      (i) Conduct guided tours of the licensed premises;

      (ii) Serve not more than three samples of products manufactured at the licensed premises, with each sample consisting of not more than one-half ounce from a single product, to persons who have attained the legal drinking age and participated in a guided tour of the licensed premises; and

      (iii) Subject to subsection (b) of this section, sell not more than three 750-milliliter bottles of products manufactured on the licensed premises, for consumption off the licensed premises, and related merchandise to persons who have attained the legal drinking age and participated in a guided tour of the licensed premises.

(b) Sale of bottles of products under (a)(6)(iii). -- A holder of the license may sell bottles of products under subsection (a)(6)(iii) of this section only if the holder manufactures not more than 27,500 gallons of products annually.

(c) Restrictions on license; caterer of food. -- A holder of a Class 1 manufacturer's license or entity in which a holder has a pecuniary interest may not act as a caterer of food.

(d) Activities specified in (a)(6). -- Subject to subsection (e) of this section, a license holder may conduct the activities specified in subsection (a)(6) of this section:

   (1) For consumption off the licensed premises of products manufactured at the licensed premises and for sampling, each day from 10 a.m. to 10 p.m.; and

   (2) For consumption on the licensed premises of products manufactured at the licensed premises:

      (i) From 10 a.m. to 6 p.m. each day; or

      (ii) If guests are attending a planned promotional event or other organized activity on the licensed premises, from 10 a.m. to 10 p.m. each day.

(e) Days of operation. --

   (1) Except as provided in paragraph (2) of this subsection, a Class 1 manufacturer's license allows the holder to operate 7 days a week.

   (2) In Garrett County, a license holder may open on Sundays to engage in the activities listed in subsection (a)(6) of this section only in an election district where the voters, in a referendum authorized by law, have approved Sunday sales at a distillery.

(f) Notice of planned promotional event. -- At least 14 days before holding a planned promotional event after 6 p.m., a license holder shall file a notice of the promotional event with the Comptroller on the form that the Comptroller provides.

(g) Sale or consumption of other products prohibited. --

   (1) Except as provided in paragraph (2) of this subsection, a license holder may not sell or allow to be consumed at the licensed premises any product other than products produced by the license holder under the authority of this section.

   (2) A holder of a caterer's license or privilege under Title 6, Subtitle 7 of this article may exercise the privileges of the license or privilege on the licensed premises of the license holder.

(h) Application of Title 21 of Health - General Article. -- 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.

HISTORY: An. Code, 1951, § 5; 1947, ch. 501, § 4; 1951, ch. 276, § 4; 1973, ch. 593; 1976, ch. 890; 1978, ch. 489; 1988, ch. 38, § 1; ch. 739, § 1; 1989, ch. 5, § 15; chs. 453, 475; 1990, ch. 286; 1991, chs. 326, 382; 1992, chs. 314, 322, 632; 1992, 1st Sp. Sess., ch. 1, § 5; 1993, ch. 4, § 3; ch. 5, § 2; chs. 159, 594; 1994, ch. 3, § 2; 2012, ch. 66, § 6; ch. 391.