§ 8-701. Frederick County

   (a) "Drafthouse" defined. -- In this section, "drafthouse" means a theatre where motion pictures are shown to the public and where the patrons can purchase food, beer, wine and liquor on the premises while watching the motion picture.

(b) Applicability. -- This section only applies in Frederick County.

(c) License authorized. -- There is a Class B-DH (drafthouse) license.

(d) Issuance; authority conferred. --

   (1) A Class B-DH (drafthouse) license shall be issued by the office where Class B licenses are issued in the county in which the drafthouse is located.

   (2) The license authorizes the holder to keep for sale and sell beer, wine and liquor at retail in any drafthouse described in the license for consumption on the premises only.

(e) Fees. --

   (1) The annual license fee is $ 1,500.

   (2) The annual license fee shall be paid before any license is issued and the fee shall be distributed as provided in this article.

(f) Qualifications of applicants. -- Applicants for this license shall:

   (1) Have a minimum auditorium size of 3,500 square feet;

   (2) Have a minimum investment in tangible property, including kitchen equipment, furniture, and interior improvements, of at least $ 150,000;

   (3) Present a family matinee every Saturday and holiday that the theatre is open for business;

   (4) Submit to the Board of License Commissioners for its prior written approval the menu the drafthouse intends to offer, which shall include both hot and cold food;

   (5) Provide beer, wine and liquor at tables and seats in the drafthouse, but may not have a bar except for a service bar; and

   (6) Except when showing a family matinee, make beer, wine and liquor available for purchase only prior to and during the motion picture show, but all service shall cease at the end of the program. When showing a family matinee, alcoholic beverages may not be made available.

(g) Hours and days of sale. -- The hours and days for sale are as provided in § 11-511 of this article.

(h) Admissions fees. -- The licensee may charge an admission fee.

(i) Motion pictures. -- All motion pictures shown at the drafthouse shall comply with the provisions of § 10-405 of this article.

HISTORY: 1989, ch. 5, § 15; 1994, ch. 82.