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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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ARTICLE 2B. ALCOHOLIC BEVERAGES |
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TITLE 7. SPECIAL AND TEMPORARY LICENSES. |
§ 7-101. Application; fees.
Latest version.
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(a) Application. --
(1) On approval by the board of license commissioners for that jurisdiction, if any, of a proper application, made on forms prescribed by the State Comptroller, signed and sworn to, the license issuing authority may grant the types of special licenses for the periods and at the fees specified in this section.
(2) For an application for a statewide license, the Comptroller may grant the license.
(3) In Anne Arundel County, the provisions of § 10-103(b) and 10-202 of this article and § 10-501 of the State Government Article do not apply to an applicant for a special Class C beer license, special Class C beer and wine license, or special Class C beer, wine and liquor license for a period not to exceed 7 consecutive days from the effective date of the license.
(b) Beer license, and beer and wine license, Class C; duration; fees. --
(1) (i) Subject to subsection (a) of this section, a special Class C beer license or a special Class C beer and wine license entitles the holder to exercise any of the privileges conferred by the respective classes of licenses for the use of any person holding any bona fide entertainment conducted by any club, society or association at the place described in the license, for a period not exceeding seven consecutive days from the effective date thereof.
(ii) The fee is $ 5 per day.
(2) In Anne Arundel County:
(i) The fee is $ 25 per day; and
(ii) The provisions of § 10-103(b) and 10-202 of this article and § 10-501 of the State Government Article do not apply to an applicant for either the special Class C beer license or the special Class C beer and wine license.
(3) In Baltimore City the fee is $ 25 per day.
(4) In Baltimore County the fee is $ 30 per day, except that for any bona fide religious, fraternal, civic, war veterans', hospital or charitable organization, the fee is $ 20.
(5) In Carroll County the fee is $ 50 per day.
(6) In Dorchester County:
(i) A holder of a special Class C beer license or a special Class C beer and wine license may cater an event at the place described in the license on the effective days of the license;
(ii) The fee is $ 15 per day; and
(iii) A holder of a special Class C beer license or a special Class C beer and wine license:
1. Shall distribute at the event for which the license is issued a wristband to each individual who is at least 21 years old; and
2. May not serve an alcoholic beverage to any individual who does not wear the wristband.
(iv) A person who violates this paragraph is subject to:
1. For the first offense, a fine of $ 50; and
2. For the second offense, a fine not exceeding $ 500 and denial of further requests for licenses for catering additional events.
(7) In Frederick County the fee is $ 10 per day.
(8) In Harford County the fee is $ 15 per day.
(9) In Howard County the fee is $ 15 per day.
(10) In Montgomery County:
(i) The fee is $ 30 per day; and
(ii) In addition to paragraph (1)(i) of this subsection and notwithstanding § 1-102(a)(4) of this article, the Board of License Commissioners may issue a one-day special Class C beer license or a one-day special Class C beer and wine license to a community swimming pool club.
(11) In Prince George's County:
(i) Except as provided in items (ii) and (iv) of this paragraph, the fee is $ 75 per day;
(ii) For a club, society, or association holding a casino or gambling event, the fee is $ 100 per day, which shall be paid by the club, society, or association and shall be considered as part of the club's, society's, or association's special license fee;
(iii) The Board of License Commissioners may deny an application for this license if it is determined that the applicant does not qualify under the provisions of this article; and
(iv) 1. The Board of License Commissioners may issue a Class D beer and wine license to an individual or on behalf of an entity that holds an event in the property of a conceptual site plan at least part of which includes a waterfront entertainment retail complex as defined by the county zoning ordinance;
2. A holder of the license may display and sell beer and wine at retail for consumption on or off the licensed premises during the days and hours designated for the event;
3. An event for which the license is issued may not last longer than 7 consecutive days;
4. This subparagraph does not prevent a holder of the license from holding another alcoholic beverages license of a different class or nature;
5. The Board of License Commissioners may adopt regulations to carry out this subparagraph; and
6. The license fee is $ 100 per day.
(12) In Washington County:
(i) The fee for a special Class C beer license is $ 15 per day; and
(ii) The fee for a special Class C beer and light wine license is $ 25 per day.
(13) In Wicomico County the fee is $ 30 per day.
(c) Beer license, and beer and wine license, Class C; duration; fees -- Deliveries and returns before and after effective date. -- Whenever a special one-day license is issued under subsection (b) of this section, the holders of wholesale licenses may enter into an agreement with the holder of a special one-day license to deliver beer or wine two days prior to the effective date, and to accept returns two days after the expiration date of the special license. Delivery of the beer or wine only may be made if the holder of the special license has in hand the special license at time of delivery.
(d) Beer, wine and liquor license, Class C; duration; fees. --
(1) (i) A special Class C beer, wine and liquor license entitles the holder to exercise any of the privileges conferred by this class of license for the use of any person holding a bona fide entertainment conducted by a club, society, or association at the place described for a period not exceeding seven consecutive days, upon the payment of a fee of $ 15 per day.
(ii) The provisions of § 11-517 of this article do not apply to holders of this license. Alcoholic beverages sold under this special license shall be purchased by such special license holder from retail dealers.
(2) In Anne Arundel County:
(i) A special beer, wine and liquor license, Class C licensee may purchase beer from a wholesaler;
(ii) The fee is $ 50 per day; and
(iii) The provisions of § 10-103(b) and 10-202 of this article and § 10-501 of the State Government Article do not apply to an applicant for the license.
(3) In Baltimore City:
(i) The holder of a Class C special beer, wine and liquor license may purchase beer and light wine from a wholesale dealer.
(ii) The Board of Liquor License Commissioners may collect from the holder of the Class C special beer, wine and liquor license:
1. A license fee of $ 50 per day; and
2. Reimbursement for costs incurred while monitoring the event for which the license is issued.
(4) (i) In Baltimore County:
1. The fee for this license is $ 50 per day, except that for any bona fide religious, fraternal, civic, war veterans', hospital or charitable organization, the fee for this license is $ 35; and
2. The holder of a special 7-day Class C beer, wine and liquor license may purchase beer and light wine from a wholesale dealer.
(ii) Notwithstanding any other provision of law to the contrary, the holder of a special 7-day Class C beer, wine and liquor license may agree with the holder of a wholesale license to deliver beer and wine on the effective days of the license and accept returns on the same day of delivery.
(5) In Calvert County the fee for this license is $ 25 per day, except that for any bona fide religious, fraternal, civic, war veterans', hospital or charitable organization, the fee for the license is $ 15.
(6) In Carroll County the fee is $ 50 per day.
(7) In Dorchester County:
(i) A holder of a special Class C beer, wine and liquor license may cater an event at the place described in the license on the effective days of the license;
(ii) The fee is $ 25 per day; and
(iii) A holder of a special Class C beer, wine and liquor license:
1. Shall distribute at the event for which the license is issued a wristband to each individual who is at least 21 years old; and
2. May not serve an alcoholic beverage to any individual who does not wear the wristband.
(iv) A person who violates this paragraph is subject to:
1. For the first offense, a fine of $ 50; and
2. For the second offense, a fine not exceeding $ 500 and denial of further requests for licenses for catering additional events.
(8) In Frederick County the fee is $ 30 per day.
(9) in Garrett County, a holder of a special Class C beer, wine and liquor license may purchase beer and light wine from a wholesale dealer.
(10) In Harford County the fee is $ 30 per day.
(11) Notwithstanding paragraph (1)(i) of this subsection, in Montgomery County:
(i) The fee is $ 60 per day; and
(ii) Notwithstanding § 1-102(a)(4) of this article, the Board of License Commissioners may issue a one-day special Class C beer, wine and liquor license to a community swimming pool club.
(12) (i) This paragraph applies only in Prince George's County.
(ii) Except as provided in item (iii) of this paragraph, the fee is $ 200 per day.
(iii) For a club, society, or association holding a casino or gambling event, the fee is $ 150 per day, which shall be paid by the club, society, or association and shall be considered as part of the club's, society's, or association's special license fee.
(iv) When the Board of License Commissioners issues a license under this paragraph, the Board shall notify the chief of police, the fire chief, the director of the Department of Environmental Resources, and, if applicable, the municipal corporation in which the event is to be held, as to the time, place, and expected size of the event for which the license is issued.
(v) The Board of License Commissioners may deny an application for this license if it is determined that the applicant does not qualify under the provisions of this article.
(13) In Wicomico County the fee is $ 45 per day.
(e) Disposal of stock license; duration; fee. -- A special license of any class entitles its holder to exercise the privilege of the license for a period not exceeding ten consecutive days at a fee of $ 5 per day. In cases where a license has been cancelled, revoked, or suspended, renewal has been denied by the local board, or where a renewal license has been granted by the local board and the court on appeal has reversed the local board's decision, the licensee may dispose of the licensee's stock of alcoholic beverages. The special license shall carry with it the privilege of selling the stock at retail or to one or more holders of wholesale licenses. The holders of wholesale licenses may purchase them. This subsection does not authorize the licensee to purchase alcoholic beverages for the purpose of resale under this license.
(f) Temporary removal license. -- When the move is necessitated by fire or other catastrophe, the holder of a special license of any class may temporarily move the licensed premises from one location to another while the premises are being restored. The holder may exercise the privileges of the license for a period in the discretion of the Comptroller or board of license commissioners, as the case may be, but not to exceed six months. A fee may not be charged for this special license but the Comptroller or board shall approve, as in the case of the original application, the new location to which the license holder has temporarily moved.
(g) Restrictions. -- The special licenses provided for in this section may not be issued in any county or in Baltimore City, or in this State in case of application for statewide license, if the issuance of a regular license of the same class is not authorized by this article.
(h) Allegany County. --
(1) The provisions of this subsection apply only in Allegany County.
(2) The Board of License Commissioners may grant special licenses of any class, except manufacturer's and wholesaler's, which entitles their holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, or association at the place described in the license, for a period not exceeding seven consecutive days from the effective date of the license, upon the payment, before the license is issued, to the Board of License Commissioners of a fee of:
(i) $ 20 per day for any beer or beer and light wine license; or
(ii) $ 50 per day, for not more than 14 consecutive days, for any beer, wine and liquor license.
(3) (i) The Board of License Commissioners may issue a special permit to holders of Class D beer and Class D beer and light wine licenses that allows the sale of beer, wine and liquor by the drink for consumption on the premises.
(ii) A holder of this special permit may continue to sell beer or beer and wine for consumption on or off the premises, but the holder may not sell liquor for consumption off the premises, or purchase or possess liquor on the premises in any size container smaller than 23 ounces or 680 milliliters.
(iii) Application for this special permit shall be made not less than 30 days prior to the day on which the permit is to take effect.
(iv) The annual fee for this special permit is $ 500.
(4) (i) The Board of License Commissioners may issue a 1-day special retail license of any class that entitles the holder to exercise any privilege conferred by that class of license at a bona fide entertainment event.
(ii) The license is valid for a period not exceeding 5 consecutive days.
(iii) The fee for the license shall be set by the Board of County Commissioners on the recommendation of the Board of License Commissioners.
(iv) The license holder may exercise the privileges of the license only on county-owned property.
(v) The Board of County Commissioners shall:
1. Distribute $ 100 of the license fee to the Board of License Commissioners; and
2. Donate the balance of the license fee to a bona fide nonprofit charitable organization that is tax exempt under § 501(c)(3) or (4) of the United States Internal Revenue Code.
(vi) The license holder, with the approval of the County Commissioners, shall designate the bona fide charitable organization to be the recipient of the donation under subparagraph (v) of this paragraph.
(vii) To qualify for the license, a person shall submit an application not less than 30 days before the day on which the license is to take effect.
(i) Baltimore County. --
(1) The provisions of this subsection apply only in Baltimore County.
(2) The Board of License Commissioners may issue multiple one-day alcoholic beverages licenses under this section to any bona fide nonprofit charitable organization that is tax exempt under § 501(c)(3) or (4) of the United States Internal Revenue Code.
(3) (i) The applicant shall list, on the application for the license, the dates of the events for which a license is required.
(ii) A multiple one-day alcoholic beverages license issued under this subsection may not include more than 12 dates.
(4) The Board of License Commissioners shall adopt regulations necessary for the implementation of this subsection.
(j) Caroline County. --
(1) The provisions of this subsection apply only in Caroline County.
(2) The Board of License Commissioners may grant special licenses of any class, except manufacturer's and wholesaler's, which entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, or association.
(3) The license shall be in the form prescribed by the Board, and the applicant shall sign and swear to the license.
(4) The fee for each license is $ 50.
(5) Before a license is issued, the fee shall be paid to the Board for the use of the county.
(6) A special license may not be granted to any organization more than 12 times in any calendar year.
(7) (i) Instead of purchasing individual event licenses for a particular class of license, an applicant may purchase a special multiple event license for the same class of license.
(ii) Fees for a special multiple event license are:
1. $ 250 for not more than 10 events per year;
2. $ 500 for not more than 20 events per year;
3. $ 750 for not more than 30 events per year; and
4. $ 1,000 for not more than 40 events per year.
(iii) The total number of days for which special multiple event licenses may be issued to a single applicant may not exceed 40 days per calendar year.
(iv) 1. The applicant shall pay in advance the fee for a special multiple event license.
2. The Board may not issue a refund if the holder of the license in a calendar year holds fewer than the number of events that the holder is entitled to conduct.
(v) A special multiple event license shall be issued:
1. For one premises only; and
2. Subject to subparagraph (vi) of this paragraph, to the same applicant for all events for which the license is issued, unless the Board in writing approves a substitute applicant.
(vi) The Board may hold a hearing before approving a substitute applicant under subparagraph (v)2 of this paragraph.
(vii) A server who is currently certified as having completed an alcohol awareness program shall be on the premises for which a special multiple event license is issued whenever alcoholic beverages are served under the license.
(k) Carroll County. --
(1) The Carroll County Board of License Commissioners may grant special Class C beer, wine and liquor licenses which entitle the holder to exercise any of the privileges conferred by that class of license at any bona fide entertainment held or conducted by any Carroll County fire department or an arts center on West Main Street in Westminster.
(2) The license shall be in the form prescribed by the Board, and the applicant shall sign the license.
(3) The annual fee for a special license is as follows:
(i) Up to 10 events per year -- $ 125;
(ii) Up to 20 events per year -- $ 250;
(iii) Up to 30 events per year -- $ 375; and
(iv) Up to 40 events per year -- $ 500.
(4) The fee shall be paid before a license is issued.
(5) This special license may not be granted to any fire department or an arts center on West Main Street in Westminster more than one time in any year.
(6) The total number of days authorized by this special license may not exceed 40 in any calendar year.
(7) This subsection does not preclude a fire company or an arts center on West Main Street in Westminster from obtaining a single event special Class C license under other provisions of this section.
(l) Cecil County. --
(1) This subsection applies only in Cecil County.
(2) In this subsection "Board" means the Board of License Commissioners.
(3) In this subsection, where action of the Board is required, a simple majority of the total number of the members of the Board may act in the following ways to give its approval or disapproval to an application for a special license:
(i) A formal meeting, with a quorum present; or
(ii) Oral or written contact by the chairman with each member of the Board. This contact may be by any method, including telephone or facsimile. If this approach is chosen, the chairman shall indicate in writing for the records of the Board how each member and the chairman voted.
(4) (i) Upon approval of an application on a form prescribed by the Board, signed and sworn to, the Board may grant special licenses of any class, except manufacturer's and wholesaler's. The licensee may exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, or association at the place described in the license, upon the payment of the following fees:
1. A beer or beer and light wine license -- $ 10 per day; or
2. A beer, wine and liquor license -- $ 20 per day.
(ii) The fee shall be paid to the Board for the use of the county before the license is issued.
(iii) This special license may not be granted to any organization more than four times in any year, nor may the total number of days authorized by special licenses for any organization exceed four in a calendar year.
(5) The Board may not require the publication of an application for a special temporary alcoholic beverages license as a prerequisite to the granting of such a license.
(6) (i) The Board may grant a special Class T license. The license shall be in the form prescribed by the Board. The applicant shall sign and swear to the license. The Class T license permits the holder to conduct wine tasting parties and demonstrations.
(ii) The fee is $ 25 per day and shall be paid prior to the issuance of this license.
(iii) This license may not be issued to any person more than four times in any calendar year. The total number of days authorized by the Class T license for any person may not exceed four in a calendar year.
(7) (i) The Board may grant special licenses of any class, except manufacturer's and wholesaler's, which entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any Cecil County fire department. The license shall be in the form prescribed by the Board, and the applicant shall sign the license.
(ii) The fee shall be paid before a license is issued and is:
1. For any beer or beer and light wine license -- $ 120 per year; or
2. For any beer, wine and liquor license -- $ 240 per year.
(iii) This special license may not be granted to any fire department more than one time in any year. The total number of days authorized by this special license may not exceed 24 in any calendar year.
(8) (i) There is a refillable container license.
(ii) The Board may issue a refillable container license to a holder of a Class A or Class B alcoholic beverages license.
(iii) Subject to subparagraph (iv) of this paragraph, a refillable container license entitles the holder to sell draft beer for consumption off the licensed premises in a refillable container with a capacity of not less than 32 ounces and not more than 128 ounces.
(iv) To be used as a refillable container under subparagraph (iii) of this paragraph, a container shall:
1. Be sealable;
2. Be branded with an identifying mark of the license holder;
3. Bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;
4. Display instructions for cleaning the container; and
5. Bear a label stating that:
A. Cleaning the container is the responsibility of the consumer; and
B. The contents of the container are perishable and should be refrigerated immediately and consumed within 48 hours after purchase.
(v) Before the Board issues a refillable container license to an applicant, the applicant shall:
1. Complete the form that the Board provides; and
2. Pay an annual license fee of $ 50.
(vi) The term of a refillable container license issued to a successful applicant is the same as that of the license that the applicant holds.
(vii) Receipts collected under a refillable container license are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under § 11-508(b)(3) of this article.
(viii) The hours of sale for a refillable container license begin and end at the same time as those for the license already held by the person to which the refillable container license is issued.
(ix) A license holder may refill only a refillable container that bears the identifying mark of the license holder.
(x) The Board shall adopt regulations to carry out this paragraph.
(m) Charles County. --
(1) This subsection applies only in Charles County.
(2) The Board of License Commissioners may issue a special Class D (on-sale) beer permit to any bona fide religious, fraternal, civic, veterans', hospital or charitable organization for a period not exceeding ten consecutive days from the effective date of the license, subject to any conditions the Board may impose on the issuance of this permit. The fee for this permit is $ 25.
(n) Dorchester County. --
(1) This subsection applies only in Dorchester County.
(2) The Board of License Commissioners may grant a special license of any class, except for any license issued by the Comptroller, that entitles the holder to exercise any of the privileges conferred by that class at an event conducted by a not for profit club, society, association, or organization.
(3) An applicant for a license shall submit to the Board a completed, signed, and notarized application on the form that the Board provides.
(4) The fees are:
(i) $ 15 per day for a beer license or a beer and light wine license; and
(ii) $ 25 per day for a beer, wine and liquor license.
(5) An applicant shall pay the fee to the Board before a license is issued.
(6) A holder of a special license under this subsection may cater an event at the place described in the license on the effective days of the license.
(7) The Dorchester County Board of License Commissioners may not require the publication of an application for a special temporary alcoholic beverages license as a prerequisite to the granting of such a license.
(o) Frederick County. --
(1) This subsection applies only in Frederick County.
(2) (i) This paragraph:
1. Permits sales for off-premises consumption only on the days permitted by the license for the special anniversary or special event; and
2. Applies only to special anniversary or special event collectible bottles.
(ii) After obtaining a license pursuant to this section, the following licensees may sell collectible bottles of wine or liquor:
1. Special Class C beer and light wine; and
2. Special Class C beer, wine and liquor.
(3) Notwithstanding any other restrictions imposed by this article, special licenses may be issued for the volunteer fire companies described in § 8-211(g) of this article.
(p) Garrett County. --
(1) In Garrett County, there are 4 types of special Class C beer, beer and wine, or beer, wine and liquor licenses available, as follows:
(i) A special 2-day Class C license for a fee of $ 50;
(ii) A special 6-day Class C license for a fee of $ 150;
(iii) A special 12-day Class C license for a fee of $ 300; or
(iv) A special multiple event Class C license under the following conditions:
1. The Board of License Commissioners may issue a special multiple event license to an organization that otherwise qualifies for a special Class C license;
2. The annual fee for a special multiple event license is as follows:
A. $ 125 for up to 5 events per year;
B. $ 250 for up to 12 events per year;
C. $ 375 for up to 18 events per year; and
D. $ 500 for up to 24 events per year;
3. The Board may not issue more than 1 special multiple event license to an organization in a license year;
4. A special multiple event licensee shall notify the Board in writing at least 7 days before an event; and
5. The Board shall publish a notice for application for a special multiple event license one time at least 7 days before the hearing on the license.
(2) (i) Subject to subparagraph (ii) of this paragraph, the Garrett County Board of License Commissioners may grant a license holder a privilege at no charge to sell for consumption off the licensed premises an alcoholic beverage authorized by the license if:
1. The alcoholic beverage is bottled in commemorative or special event bottles and sold at a special event;
2. The Board approves the commemorative or special event bottles before the event occurs; and
3. The alcoholic beverage will be sold at the event only on the days and hours allowed by the Board.
(ii) A holder of a license is entitled to be granted the privilege described under subparagraph (i) of this paragraph if the license is a:
1. Special 2-day Class C license;
2. Special 6-day Class C license;
3. Special 12-day Class C license; or
4. Special multi-event Class C license.
(p-1) Howard County. --
(1) This subsection applies only in Howard County.
(2) There is a Class B special beer and wine (B-SBW) (off-sale) license.
(3) A holder of a B-SBW license may sell beer and wine for consumption off the licensed premises.
(4) The Board of License Commissioners may issue a B-SBW license only to a holder of a Class B beer, wine and liquor (7-day) (on-sale) license that is issued for a restaurant.
(5) The term of a B-SBW license issued to a successful applicant shall be the same as that of the Class B beer, wine and liquor license that the applicant holds.
(6) Before the Board of License Commissioners issues a B-SBW license to an applicant:
(i) The applicant shall:
1. Complete the form that the Board of License Commissioners provides; and
2. Pay an annual license fee of $ 500; and
(ii) The same advertising, posting of notice, and public hearing requirements as those for other Class B licenses shall be met.
(7) A holder of a B-SBW license:
(i) May sell beer and wine for consumption off the licensed premises only to persons who have purchased food or alcohol from the licensed premises; and
(ii) In areas of the establishment that are accessible to the public, may not display or provide shelving for beer or wine for off-premises sales.
(8) Off-sale alcoholic beverages receipts collected under a B-SBW license shall be included in the calculation of average daily receipts from the sale of alcoholic beverages under § 1-102(a)(22)(i)1C of this article.
(9) The hours for sale for a B-SBW license are from 10 a.m. to midnight, Monday through Sunday.
(10) A holder of a B-SBW license may exercise the privileges of the license only if the licensed premises is open for business as a restaurant.
(11) (i) The Board of License Commissioners may issue a refillable container permit to a holder of any class of alcoholic beverages license issued by the Board of License Commissioners except a Class C license and a Class GC license:
1. On completion of an application form that the Board provides; and
2. At no cost to the license holder.
(ii) A refillable container permit entitles the holder to sell:
1. Draft beer for consumption off the licensed premises in a refillable container with a capacity of not less than 32 ounces and not more than 128 ounces; and
2. If the holder is licensed to sell wine, wine for consumption off the licensed premises in a refillable container with a capacity of not less than 17 ounces and not more than 34 ounces.
(iii) To be used as a refillable container under subparagraph (ii) of this paragraph, a container shall:
1. Be sealable;
2. Be branded with an identifying mark of the license holder;
3. Bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;
4. Display instructions for cleaning the container; and
5. Bear a label stating:
A. That cleaning the container is the responsibility of the consumer; and
B. If the container contains beer, that the contents of the container are perishable and should be refrigerated immediately and consumed within 48 hours after purchase.
(iv) The term of and hours of sale for a refillable container permit issued to an applicant are the same as that of the applicant's alcoholic beverages license.
(v) An applicant who holds an alcoholic beverages license without an off-sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the alcoholic beverages license that the applicant holds.
(vi) A holder of a refillable container permit may refill only a refillable container that was branded by the permit holder.
(12) The Board of License Commissioners may adopt regulations to carry out this subsection, including a limit on the number of licenses to be issued.
(q) Kent County. -- In Kent County, a special Class C beer license, a special Class C beer and wine license and a special Class C beer, wine and liquor license may be issued to any bona fide religious, fraternal, civic, veterans', hospital, or charitable club, society, association, or organization, for a period not exceeding 3 days. The fee for the special beer license is $ 5 per day, the fee for the special beer and wine license is $ 15 per day, and the fee for the special beer, wine and liquor license is $ 25 per day.
(r) St. Mary's County. --
(1) This subsection applies only in St. Mary's County.
(2) There is a special Class C beer license, a special Class C beer and wine license, or a special Class C beer, wine and liquor license.
(3) The Board of License Commissioners may:
(i) Issue a license listed in paragraph (2) of this subsection to a bona fide religious, fraternal, civic, veterans', hospital, or charitable club, society, association, or organization; and
(ii) Impose conditions on the issuance of the license.
(4) The periods for which the licenses listed in paragraph (2) of this subsection may be issued are:
(i) Special Class C beer license -- not exceeding 10 consecutive days from its effective date;
(ii) Special Class C beer and wine license -- 1 day; and
(iii) Special Class C beer, wine and liquor license -- 1 day.
(5) The fee for each license is $ 10.
(6) A holder of a special license under this subsection may purchase the alcoholic beverages to be sold under the special license from a retail dealer.
(s) Somerset County. --
(1) This subsection applies only in Somerset County.
(2) The Board of License Commissioners may grant special licenses of any class except manufacturer's and wholesaler's licenses.
(3) The licenses entitle the holder to exercise any of the privileges conferred by the respective classes of licenses at any bona fide entertainment held or conducted by any club, society, association, or civic or charitable organization.
(4) (i) A special beer or beer and light wine license may be issued for up to 7 consecutive days.
(ii) A special beer, wine and liquor license may be issued for up to 14 consecutive days.
(5) (i) The fee for a special beer, beer and light wine, or beer, wine and liquor license is $ 63 for each license day.
(ii) After the initial 2-day period, the fee for each additional day is $ 32.
(6) The fees shall be paid to the Board for the use of the county before the license is issued.
(7) The Board may not require the publication of an application for a special temporary alcoholic beverages license as a prerequisite to the granting of such a license.
(t) Washington County. --
(1) This subsection applies only in Washington County.
(2) (i) There is a special Class C (on-sale) beer, wine and liquor license, which shall be issued solely to clubs having an annual on-sale beer, wine and liquor license. This special license entitles the licensee to sell alcoholic beverages at any place other than its regular place of business.
(ii) The license permits sales for a period not to exceed five days.
(iii) The daily fee is $ 30. There is no fee on Sunday.
(3) (i) There is an additional special license, referred to locally as a "picnic" license. This license permits the club owner to sell only beer at any place other than the club owner's regular place of business.
(ii) The license may be exercised only on Sundays between 12 noon and midnight notwithstanding daylight saving time.
(iii) The license fee is $ 15 per each Sunday a "picnic" is held.
(u) Worcester County. --
(1) This subsection applies only in Worcester County.
(2) (i) The Board of License Commissioners may issue a special license to the holder of a 6-day Class B or Class C beer, wine and liquor license located in the county. The license permits the licensee to sell alcoholic beverages to bona fide conventions and such other special groups that are approved by the:
1. Mayor and city council of the incorporated town (if any) in which the premises are located, if the mayor and city council elect to exercise this power; and
2. Board of License Commissioners.
(ii) The license permits consumption on the premises only on Sunday during the hours of 12:30 p.m. and 1:00 a.m. the following Monday, prevailing time.
(iii) The holder of the license may exercise the privileges of the license at the time and place described in the license upon the payment of a fee.
(iv) The daily license fee is $ 10.
(v) Application for the permit shall be made not less than 10 days prior to the day upon which the permit is to be exercised.
(3) (i) There is a special Sunday club license.
(ii) The license may be issued to bona fide clubs which already hold a Class C beer, wine and liquor license.
(iii) The additional fee is $ 10.
(iv) A club may be issued no more than 20 special Sunday licenses during a calendar year.
(v) Application for the license shall be made at least 14 days in advance to the Board of License Commissioners. The license is subject to the approval of application by the Board and subject also to other conditions, regulations and restrictions as established by the Board for the consumption of those alcoholic beverages on the premises.
(4) (i) There is a nonprofit charitable organization license.
(ii) The license is a multiple one-day alcoholic beverages license to any bona fide nonprofit charitable organization.
(iii) The applicant shall specify the dates of the events for which the license will be used.
(iv) A multiple one-day alcoholic beverages license may not include more than 12 dates.
(5) (i) An alcoholic beverages license is not needed pursuant to the provisions of this paragraph of this subsection.
(ii) 1. In this paragraph the following words have the meanings indicated.
2. "Board" means the Board of License Commissioners.
3. "Commission" means the Ocean City Convention Hall Commission.
4. "Organization" includes the following bona fide, nonprofit groups:
A. Armed services;
B. Charitable;
C. Civic;
D. Employee;
E. Firemen;
F. Fraternal;
G. Governmental-support;
H. Hospital;
I. Labor;
J. Patriotic;
K. Political;
L. Professional;
M. Religious;
N. Trade; and
O. War veterans.
(iii) The Board, with the approval of the Commission or their successors, may permit the members and guests of any organization to bring their own alcoholic beverages onto the premises of the Hall without any type of alcoholic beverages license, if:
1. These beverages are not sold; and
2. Their consumption is restricted to the premises.
(iv) The Board, with the approval of the Commission or their successors, may permit the Mayor and City Council of Ocean City or its designee to sponsor a function at which the patrons are permitted to bring their own alcoholic beverages onto the premises of the Hall without any type of alcoholic beverage license, if:
1. These beverages are not sold; and
2. Their consumption is restricted to the premises.
(v) All licensees shall purchase all wines and liquors, except light wine and beer, from the Liquor Control Board. They shall be charged 85 percent of the retail price or any special sale price or discount price, whichever is lower, set by the Board for wines and liquors. However, the price the Board charges to the licensees may not be lower than 10 percent above the cost the Liquor Control Board must pay for the merchandise to wholesalers. All licensees may purchase beer and light wine from licensed wholesalers.
(v) Harford County. --
(1) This subsection applies only in Harford County.
(2) (i) The Liquor Control Board may grant a special Class C beer and wine license which entitles the holder to exercise any of the privileges conferred by that class of license at any bona fide entertainment held or conducted by any county fire department.
(ii) The Board shall prescribe the form for the application and the applicant shall sign it. The fee shall be paid before the license is issued.
(iii) The annual license fees are as follows for up to:
1. 10 events per year........................................$ 150;
2. 20 events per year........................................$ 300;
3. 30 events per year....................................$ 450; and
4. 40 events per year........................................$ 600.
(iv) A license may not be granted to a fire department more than one time in any year.
(v) The total number of days authorized by this special license may not exceed 40 in any calendar year.
(vi) A licensee shall notify the Board in writing at least 7 days prior to each event.
(vii) This paragraph does not preclude a fire department from obtaining a single event special Class C license under other provisions of this section.
(3) (i) The Board may issue a special Class C-3 (on-sale) beer, wine and liquor license to a miscellaneous organization or club, as defined under § 6-301(n)(6)(i)1 of this article, that holds a Class C-3 organization or club license.
(ii) A special Class C-3 license authorizes the holder to sell or provide beer, wine, and liquor only for on-premises consumption by:
1. Nonmembers of the organization or club who have leased an area of the licensed premises for a bona fide entertainment, conference, or social event; and
2. Guests who attend the event.
(iii) The Board shall prescribe the form for the application, and the applicant shall sign it.
(iv) The applicant shall pay the license fee before the Board issues the license.
(v) The annual license fees are as follows for up to:
1. 10 events per year........................................$ 250;
2. 20 events per year........................................$ 400;
3. 30 events per year........................................$ 550;
4. 40 events per year....................................$ 700; and
5. 60 events per year........................................$ 850.
(vi) The Board may not issue more than one license to a single miscellaneous organization or club in any license year.
(vii) The total number of days authorized for events held under a license may not exceed 60 in any license year.
(viii) A license holder shall notify the Board of an event in writing on a prescribed form at least 7 days before each event.
(ix) This paragraph does not preclude an organization or club from obtaining a single event special Class C license under other provisions of this section.
(w) Wicomico County. --
(1) This subsection applies only in Wicomico County.
(2) (i) The Board of License Commissioners may issue a special Class C beer, beer and wine, or beer, wine and liquor license.
(ii) A special license entitles the holder to exercise any of the privileges conferred by that class of license at a bona fide entertainment event held by a fire department in the county.
(iii) An applicant for a special license shall sign and submit to the Board of License Commissioners an application in the form that the Board provides.
(iv) The annual fee for a special license is:
1. $ 400, for not more than 10 days;
2. $ 800, for at least 11 but not more than 20 days;
3. $ 1,000, for at least 21 but not more than 30 days; and
4. $ 1,100, for at least 31 but not more than 40 days.
(v) The total number of days during which a special license may be used may not exceed 40 in a calendar year.
(vi) A license holder shall notify the Board of License Commissioners in writing at least 7 days before each day when the license is to be used.
(vii) The Board of License Commissioners may issue only one multiple event license to a license holder in a licensed year.
(viii) This subsection does not prevent a fire department from obtaining a single event special Class C license authorized elsewhere under this section.
(3) (i) The Board of License Commissioners may issue a refillable container license to a holder of any class of alcoholic beverages license issued by the Board except a Class C license, Class D license, Class B-Conference Center license, or Class B-Stadium license.
(ii) Subject to subparagraph (iii) of this paragraph, a refillable container license entitles the holder to sell draft beer for consumption off the licensed premises in a refillable container with a capacity of not less than 32 ounces and not more than 128 ounces.
(iii) To be used as a refillable container under subparagraph (ii) of this paragraph, a container shall:
1. Be sealable;
2. Be branded with an identifying mark of the license holder;
3. Bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;
4. Display instructions for cleaning the container; and
5. Bear a label stating that:
A. Cleaning the container is the responsibility of the consumer; and
B. The contents of the container are perishable and should be refrigerated immediately and consumed within 48 hours after purchase.
(iv) Before the Board issues a refillable container license to an applicant:
1. The applicant shall:
A. Complete the form that the Board provides; and
B. Pay an annual license fee of $ 500; and
2. An applicant who holds a license without an off-sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the license that the applicant holds.
(v) The term of the refillable container license issued to a successful applicant is the same as that of the license that the applicant holds.
(vi) Receipts collected under a refillable container license are to be included in the calculation of average daily receipts from the sale of alcoholic beverages under a Class B restaurant license, Class B hotel license, and Class B golf course license.
(vii) The hours of sale for a refillable container license:
1. Begin at the same time as those for the license already held by the person to whom the refillable container license is issued; and
2. End at midnight.
(viii) A license holder may refill only a refillable container that was branded by the license holder.
(4) The Board of License Commissioners may adopt regulations to carry out this subsection.
(x) Prince George's County. --
(1) This subsection applies only in Prince George's County.
(2) The Board of License Commissioners may issue a special 3-day Class C beer, wine and liquor license to a nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.
(3) The special license entitles the holder to sell beer, wine, or liquor at the National Harbor.
(4) Beer, wine, and liquor sold under the special license may be consumed on or off the premises.
(5) The fee for a special license is $ 200 per day.
(6) The special license may not be issued to any one organization for:
(i) More than 3 consecutive days in a single calendar year; or
(ii) 2 consecutive years.
(7) (i) A holder of the special license shall purchase beer, wine, or liquor only from a wholesaler licensed in the State.
(ii) A wholesaler licensed in the State may donate alcoholic beverages to the holder of the special license.
HISTORY: An. Code, 1951, § 24; 1947, ch. 501, § 22; 1951, ch. 113, § 22(b), (c); 1957, ch. 545; 1961, chs. 444, 614; 1964, 1st Sp. Sess., ch. 15; 1965, chs. 182, 336; 1966, ch. 229; 1967, ch. 623; 1968, ch. 377, § 2; 1969, ch. 9; 1970, chs. 155, 651; 1971, ch. 567; 1972, chs. 45, 85, 338, 341; 1973, ch. 203; 1975, ch. 758, § 2; 1976, chs. 219, 220, 512; 1977, chs. 351, 551, 717; 1978, chs. 562, 620; 1979, chs. 124, 200; 1980, chs. 7, 52, 141, 857; 1981, chs. 215, 330, 609, 709; ch. 782, § 1; 1982, ch. 647, § 1, 2; ch. 660; 1983, chs. 17, 171, 499; 1984, chs. 39, 60, 63, 232, 234, 262, 486; 1985, chs. 674, 716; 1986, ch. 495; 1987, ch. 11, § 1; 1988, ch. 6, § 1; ch. 286; 1989, ch. 5, § 1, 15; chs. 184, 225, 449, 468, 719; 1992, chs. 56, 391, 392; ch. 427, § 1; ch. 528; 1993, ch. 5, § 1, 2; ch. 49, § 1, 2; chs. 369, 594; 1994, ch. 3, § 1, 2; ch. 47; 1995, ch. 3, § 1; 1996, chs. 330, 540; 1997, chs. 29, 82, 458, 601; 1998, chs. 155, 278, 337, 396, 463; 1999, chs. 47, 101, 371; 2000, chs. 170, 382; 2001, ch. 29, § 6; 2002, ch. 242; 2003, chs. 154, 158; 2004, chs. 50, 53; 2005, ch. 70; 2006, ch. 302, § 2; 2007, chs. 222, 345; 2008, chs. 52, 96, 564, 647; 2009, ch. 60, § 5; chs. 365, 705; 2010, chs. 156, 158, 162, 285, 423, 425; 2011, chs. 6, 65, 302, 368; ch. 390, § 1; 2012, chs. 81, 412; 2013, chs. 43, 117, 253, 387, 460, 461.