§ 9-202. Allegany County

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

(b) Citizenship requirements. --

   (1) Only a citizen of the United States shall have an interest of any kind or character in any business for which a license is issued.

   (2) A license may not be issued to any person who is not a citizen of Allegany County.

(c) Restrictions on location of licensed business. --

   (1) A license for Classes A and B beer or beer and light wine or for Classes A, B, and D beer, wine and liquor may not be granted to any person whose location or business is in any part of the county except incorporated towns and cities and communities in which there are not less than 500 bona fide residents within a radius of one mile.

   (2) This subsection does not apply to any restaurant deriving more than 50 percent of its average monthly gross receipts from the sale of other than alcoholic beverages, or to any hotel or motel having at least 20 lodging rooms or units regularly for hire as such and offering meals for sale as a regular and substantial part of its business. Any license issued under this exception to a restaurant, hotel, or motel, may not be reissued, renewed, or transferred if the license holder does not continue to comply with the requirements of this section.

(d) Premises fronting upon public street. --

   (1) Except for clubs and hotels and motels, a license may not be issued for premises which do not front upon a public street.

   (2) A blind or obstruction may not obstruct the view of persons passing along the street from a full view of licensed premises.

(e) Unfit persons or unfit places for licensing; licenses limited by number of residents. --

   (1) The Board may refuse to issue a license whenever in its opinion any petitioner or petitioners is or are an unfit person or persons to be granted such license; or in the discretion of the Board when the place for which the application for a license is made is not a proper one with reference to the public peace and general welfare of the neighborhood or to the character of its inhabitants. Due regard shall be given to the number of licenses issued for a neighborhood as well as all specific restrictions and conditions set forth in this article.

   (2) (i) The Board shall restrict the granting of the number of those licenses designated as beer, wine and liquor licenses Classes A and D so that the total number of licenses granted in these classes in each of the license categories does not exceed more than one to every 1300 persons residing in the county as determined by the last federal census; and

      (ii) The Board shall restrict the granting of the aggregate number of those licenses designated as beer and light wine licenses Classes A and D, and beer licenses Classes A and D, so that the total number of licenses granted in these classes does not exceed more than one to every 1300 persons residing in the county as determined by the last federal census.

(f) Limitations on beer, wine and liquor licenses, Classes A and D; special permits provided for in § 7-101(h). --

   (1) Subject to the population limitations on licenses elsewhere provided in this article, the Board of License Commissioners may not issue any additional beer, wine and liquor Class A or Class D license, except in the case of a transfer of an existing license, subject to the approval of the Board as elsewhere provided in this article.

   (2) (i) The Board may continue to issue special permits to holders of Class D beer and Class D beer and light wine licenses as provided in § 7-101(h), provided that the number of special permits issued does not exceed 50.

      (ii) Any holder of a Class D beer or Class D beer and light wine license who applies for and receives a special permit as provided in § 7-101(h) shall receive a pro rata credit for any unexpired portion of the license the licensee holds when the licensee receives the special permit.

(g) Number of Class C licenses limited. -- The number of Class C licenses issued for the retail sale of alcoholic beverages may not at any time exceed 60.

(h) Limiting number of licenses and music boxes; prohibited areas. -- The Board may limit and restrict the number of licenses which it considers sufficient for any neighborhood, may regulate and limit the use of mechanical music boxes and other sound-making devices, and may prescribe areas in which licenses will not be issued. Any applicant or licensee feeling aggrieved by any limitation, restriction or prohibition imposed by the Board may appeal.

(i) Chain stores, supermarkets or discount houses. -- A Class A, B, or D beer, wine and liquor license may not be granted, transferred or issued to, or for use in conjunction with, or upon the premises of, or upon premises having any direct or indirect connection with or access to any food, drug or pharmaceutical, or other business establishment of the type commonly known as chain stores, supermarkets, or discount houses.

HISTORY: An. Code, 1951, § 43; 1947, ch. 501, § 41; 1951, ch. 604, § 37 (d), (e), (f); 1961, ch. 737; 1966, ch. 594; 1972, ch. 85; 1977, ch. 717; 1978, ch. 144; 1984, ch. 262; 1986, ch. 262; 1989, ch. 5, § 15; chs. 449, 524; 1995, ch. 3, § 3; 1996, ch. 10, § 1; 1998, ch. 463; 2001, ch. 29, § 6; 2005, ch. 163.