Maryland SB 322: Washington County - Alcoholic Beverages - Per Diem Licenses

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0322*

SENATE BILL 322
A2 8lr2708
CF 8lr1207
By: Washington County Senators
Introduced and read first time: January 24, 2018
Assigned to: Education, Health, and Environmental Affairs

A BILL ENTITLED

AN ACT concerning 1

Washington County – Alcoholic Beverages – Per Diem Licenses 2

FOR the purpose of repealing the Class C per diem beer, Class C per diem beer and wine, 3
and Sunday picnic licenses in Washington County; altering the requirements for a 4
Class C per diem beer, wine, and liquor license in Washington County to authorize 5
the license to be issued to a certain corporation, society, organization, association, or 6
other entity that meets certain requirements; altering the privileges of the license to 7
authorize a license holder to sell or serve beer, wine, or liquor for on–premises 8
consumption during a certain event; authorizing the Board of License 9
Commissioners to issue multiple licenses to a single applicant; requiring a separate 10
license for each day of an event; altering the number of consecutive days for which 11
the Board may issue the license; requiring an applicant for the license to provide 12
certain documentation; establishing certain qualifications for individuals applying 13
for the license; specifying certain conditions under which a license holder may serve 14
or sell alcoholic beverages during a certain event; requiring alcoholic beverages sold 15
under the license to be purchased from a licensed wholesaler or retail dealer; 16
prohibiting a licensed wholesaler from donating alcoholic beverages to the license 17
holder; requiring the license holder to submit a certain financial statement within a 18
certain time; altering the days and hours during which a license holder may exercise 19
the privileges of the license; altering the fee for the license; making certain 20
conforming changes; and generally relating to alcoholic beverages licenses in 21
Washington County. 22

BY repealing and reenacting, without amendments, 23
Article – Alcoholic Beverages 24
Section 1–101(e) and 31–102 25
Annotated Code of Maryland 26
(2016 Volume and 2017 Supplement) 27

BY repealing and reenacting, with amendments, 28
Article – Alcoholic Beverages 29

2 SENATE BILL 322

Section 31–1301, 31–1312, and 31–1314 1
Annotated Code of Maryland 2
(2016 Volume and 2017 Supplement) 3

BY repealing 4
Article – Alcoholic Beverages 5
Section 31–1313 6
Annotated Code of Maryland 7
(2016 Volume and 2017 Supplement) 8

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10

Article – Alcoholic Beverages 11

1–101. 12

(e) “Club” means an association or a corporation that is: 13

(1) organized and operated exclusively for educational, social, fraternal, 14
patriotic, political, or athletic purposes; and 15

(2) nonprofit. 16

31–102. 17

This title applies only in Washington County. 18

31–1301. 19

(a) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of 20
Division I of this article apply in the county without exception or variation: 21

(1) § 4–1202 (“Per diem licenses”); 22

[(2) § 4–1203 (“Class C per diem beer and Class C per diem beer and wine 23
licenses”);] 24

[(3)] (2) § 4–1206 (“License to dispose of stock”); 25

[(4)] (3) § 4–1207 (“Temporary move of licensed premises”); 26

[(5)] (4) § 4–1208 (“Hours and days of sale”); and 27

[(6)] (5) § 4–1209 (“Wine permit for fund–raising event”). 28

SENATE BILL 322 3

(b) The following sections of Title 4, Subtitle 12 (“Temporary Licenses”) of 1
Division I of this article do not apply in the county: 2

(1) § 4–1203 (“CLASS C PER DIEM BEER AND CLASS C PER DIEM BEER 3
AND WINE LICENSES”); 4

(2) § 4–1204 (“Class C per diem beer, wine, and liquor license”), which is 5
superseded by § 31–1312 of this subtitle; and 6

[(2)] (3) § 4–1205 (“License fees”), which is superseded by § 31–1314 of 7
this subtitle. 8

31–1312. 9

(a) There is a Class C per diem beer, wine, and liquor license. 10

(b) The Board may issue the license to: 11

(1) a club that has an annual on–sale beer, wine, and liquor license FOR 12
USE AT A PLACE OTHER THAN THE LICENSE HOLDER’S REGULAR PLACE OF 13
BUSINESS; OR 14

(2) A CORPORATION, A SOCIETY, AN ORGANIZATION, AN 15
ASSOCIATION, OR ANY OTHER ENTITY THAT DOES NOT HAVE AN ANNUAL ON–SALE 16
BEER, WINE, AND LIQUOR LICENSE AND HAS: 17

(I) NONPROFIT STATUS; OR 18

(II) A FEDERAL IDENTIFICATION NUMBER ASSIGNED BY THE 19
INTERNAL REVENUE SERVICE. 20

(c) The license AUTHORIZES THE LICENSE holder [may] TO sell OR SERVE beer, 21
wine, and liquor FOR ON–PREMISES CONSUMPTION at [a place other than the license 22
holder’s regular place of business] THE PLACE DESCRIBED IN THE LICENSE DURING AN 23
EVENT THAT REQUIRES AN ADMISSION FEE, A TICKET, OR A DONATION. 24

(d) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, THE BOARD 25
MAY ISSUE MULTIPLE CLASS C PER DIE