§ 2-207. Pub-brewery license

   (a) Issuance. -- A Class 6 pub-brewery license shall be issued:

   (1) By the State Comptroller;

   (2) Only to a holder of a Class B beer, wine and liquor (on-sale) license that is issued for use on the premises of a restaurant located in the jurisdictions permitted by this subsection;

   (3) In the City of Annapolis; and

   (4) Throughout the State, but not in the following subdivisions:

      (i) Allegany County;

      (ii) Caroline County;

      (iii) Howard County; and

      (iv) Somerset County.

(b) Scope of license. -- A holder of a Class 6 pub-brewery license:

   (1) May brew malt beverages at a single location for consumption on the restaurant premises; and

   (2) Is limited to the brewing of 2,000 barrels of malt beverage each calendar year.

(c) Location of premises. -- The pub-brewery premises shall be located immediately adjacent to the restaurant where the brewed beverage is to be sold to the public.

(d) Actions rendering license void. -- The Class 6 pub-brewery license is void if:

   (1) The restaurant ceases to be operated as a restaurant; or

   (2) The holder's Class B beer, wine and liquor (on-sale) license is revoked or transferred to a different location.

(e) Suspension of licenses. -- If the holder's Class B beer, wine and liquor (on-sale) license is suspended, the Class 6 pub-brewery license shall be suspended for the same period of time.

(f) Transferability. -- Except for a license transferred to a new location, a Class 6 pub-brewery license may be transferred under § 10-503 of this article if an application for transfer is filed with the local licensing board and simultaneously filed with the Office of the Comptroller.

(g) Sales of malt beverages in sealed refillable containers in certain cities and counties. --

   (1) This subsection applies only in the following jurisdictions:

      (i) City of Annapolis;

      (ii) Anne Arundel County;

      (iii) Baltimore City;

      (iv) Baltimore County;

      (v) Calvert County;

      (vi) Cecil County;

      (vii) Charles County;

      (viii) Harford County;

      (ix) Prince George's County;

      (x) Talbot County;

      (xi) Wicomico County; and

      (xii) Worcester County.

   (2) The holder of a Class 6 pub-brewery license may sell malt beverages for off-premises consumption in sealed refillable containers.

   (3) The containers may be returned and at the time of refill shall be sealed by the pub-brewery licensee.

   (4) A holder of a Class 6 pub-brewery license may not sell malt beverages to any retail alcoholic beverages licensee in this State for the purpose of a subsequent sale or distribution of that malt beverage under the retail license.

(h) Montgomery County. -- In Montgomery County, a holder of a Class 6 pub-brewery license shall enter into a written agreement with the Department of Liquor Control for Montgomery County for the sale and resale of all malt beverages brewed under this license in accordance with this article.

(i) Wicomico County. --

   (1) This subsection applies only in Wicomico County.

   (2) Before the Office of the Comptroller of this State may issue a pub-brewery license, it shall forward a copy of the application to the Board of License Commissioners. The Board shall review the application, hold a public hearing on the application, and recommend to the Office whether or not to grant the license.

(j) Talbot County. -- For Talbot County, the Office of the Comptroller of Maryland shall specify which local license is the equivalent of the Class B beer, wine and liquor license specified in subsection (a)(2) of this section.

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; chs. 263, 455, 568; 1995, ch. 3, § 1; ch. 38; 1996, chs. 135, 186, 358, 366, 475, 633; 1997, chs. 32, 394, 529; 1998, ch. 21, § 1; 1999, ch. 462; 2000, ch. 61, § 1; 2008, ch. 647; 2010, ch. 470; 2012, ch. 365; 2013, ch. 364.