§ 8-204.4. Baltimore County -- Hunt Valley Commercial/Mixed Use Focal Point

   (a) Applicability. -- This section applies only in Baltimore County.

(b) In general. --

   (1) Notwithstanding the license population quota limitations and in addition to the licenses authorized for issuance under this article, the Board of License Commissioners may authorize the transfer of two beer, wine and liquor (on-sale) retail licenses in existence in election district 15 on July 1, 2004, and valid on the date of transfer into the "Hunt Valley Commercial/Mixed Use Focal Point" as designated in the Hunt Valley/Timonium Master Plan, adopted by the Baltimore County Council on October 19, 1998.

   (2) A license transferred under this section:

      (i) May not be a Class A or C license or a license that is prohibited from being transferred by law or local regulation other than crossing district lines;

      (ii) Shall be considered a regular license and not an exception license for purposes of determining the total number of licenses available in any election district based on the rule of the Board of License Commissioners that limits the total number of licenses available by population;

      (iii) Shall be converted into a Class B (HV) license; and

      (iv) As of the date of transfer, may not be construed to exist in district 15.

(c) Restrictions and qualifications. -- Subject to the provisions of subsection (d) of this section, the restrictions and qualifications for the issuance and fee of the Class B (HV) restaurant (on-sale) beer, wine and liquor retail license under this section, the minimum square foot area requirement for food and beverage preparation and consumption in the licensed establishment, and the days and hours of sale for the licensed establishment shall be the same as the restrictions and qualifications provided for in this article and in the regulations of the Board of License Commissioners for a Class B beer, wine and liquor (on-sale) hotel and restaurant license.

(d) Additional requirements. -- The following additional requirements apply to the Class B (HV) restaurant (on-sale) beer, wine and liquor retail license established by this section:

   (1) The license may be issued only for a location within the "Hunt Valley Commercial/Mixed Use Focal Point" as designated in the Hunt Valley/Timonium Master Plan, adopted by the Baltimore County Council on October 19, 1998;

   (2) The license shall be used in conjunction with the operation of a restaurant, as defined in this article and the regulations of the Board of License Commissioners;

   (3) The restaurant operation shall maintain average daily receipts from the sale of the food of at least 60% of the total daily receipts of the establishment;

   (4) The total seating capacity for the area dedicated primarily for the purpose of the consumption of alcoholic beverages may not exceed 25% of the total seating capacity of the establishment; and

   (5) Subject to the provisions of subsection (h) of this section, the hours during which the privileges conferred by the license may be exercised may not exceed the hours for which food is offered for sale.

(e) On-premises sales. -- The license authorizes on-premises sales only.

(f) Compliance with zoning requirements. -- The proposed premises shall comply with all applicable zoning regulations.

(g) Transfer or conversion. --

   (1) Once issued, the license may not be:

      (i) Transferred to a new location other than the original location for which the license was issued; or

      (ii) Converted into any other class of license.

   (2) Paragraph (1) of this subsection does not prohibit the transfer of ownership of the license.

(h) Hours. -- Alcoholic beverages may be sold in the establishment only until 1:30 a.m.

(i) Limits. -- The Board of License Commissioners may not issue more than a total of 3 beer, wine and liquor licenses in the Hunt Valley Commercial/Mixed Use Focal Point under the exceptions in Rule 19 of the rules and regulations of the Baltimore County Board of License Commissioners.

HISTORY: 2004, ch. 101; 2012, ch. 558.