§ 9-214. Howard County

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

(b) Premises near churches or schools. --

   (1) (i) Subject to the provisions of subparagraph (ii) of this paragraph, a license to sell alcoholic beverages may not be first issued after June 30, 1971, for any building located within 500 feet of the nearest point of a public school building.

      (ii) A Class B license to sell alcoholic beverages may not be issued for a restaurant located within 400 feet from the nearest point of a public school building.

   (2) A license issued on or before that date may be renewed for the same building and type of license.

   (3) A license issued on or before that date may be transferred or assigned to a new licensee for the same building and type of license.

   (4) Any decision of the Board of Education after June 30, 1971, to locate a public school building within 500 feet of an existing licensee may not be the basis for the revocation or denial of renewal or transfer of that alcoholic beverages license.

(c) Drive-through facilities. -- The Board of License Commissioners may not issue, transfer, or approve an application on behalf of an off-sale alcoholic beverages license of any class for the use in a business that is intended to be operated as a drive-through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off-premises consumption.

(d) Premises under construction. -- When application for a liquor license is made to sell alcoholic beverages in a building which is not completed, the Board of License Commissioners may give tentative approval of the application on the basis of plans and specifications that accompany the application. Upon completion of the building in accordance with the plans and specifications, the Board may issue the license.

(e) Findings required. -- On determining whether to approve an application for a new Class A license, regardless of kind, the Appointed Alcoholic Beverage Hearing Board shall include in its written decision findings as to each of the factors set forth in § 10-202(a)(2)(i) of this article.

HISTORY: 1971, ch. 118; 1985, ch. 83; 1989, ch. 5, § 15; 1996, ch. 10, § 1, 3; 2010, ch. 161; 2013, ch. 142.