Maryland HB 1461: Howard County - Alcoholic Beverages - Consideration of Factors for Issuance of Licenses Ho. Co. 11-22

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1461*

HOUSE BILL 1461
A2 2lr0817

By: Howard County Delegation
Introduced and read first time: February 24, 2022
Assigned to: Rules and Executive Nominations

A BILL ENTITLED

AN ACT concerning 1

Howard County – Alcoholic Beverages – Consideration of Factors for Issuance 2
of Licenses 3

Ho. Co. 11–22 4

FOR the purpose of requiring the Board of License Commissioners for Howard County and 5
the Appointed Alcoholic Beverage Hearing Board in Howard County to give 6
particular consideration to a certain factor when deciding whether to approve an 7
application and issue a license; requiring the Hearing Board to include a certain 8
factor in its written decision findings when determining whether to issue a new Class 9
A license; and generally relating to alcoholic beverages licenses in Howard County. 10

BY repealing and reenacting, without amendments, 11
Article – Alcoholic Beverages 12
Section 23–102 and 23–209(a) 13
Annotated Code of Maryland 14
(2016 Volume and 2021 Supplement) 15

BY repealing and reenacting, with amendments, 16
Article – Alcoholic Beverages 17
Section 23–1501 and 23–1503 18
Annotated Code of Maryland 19
(2016 Volume and 2021 Supplement) 20

BY adding to 21
Article – Alcoholic Beverages 22
Section 23–1509 23
Annotated Code of Maryland 24
(2016 Volume and 2021 Supplement) 25

2 HOUSE BILL 1461

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Alcoholic Beverages 3

23–102. 4

This title applies only in Howard County. 5

23–209. 6

(a) The Board of License Commissioners or the Hearing Board may issue licenses. 7

23–1501. 8

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 9
Licenses”) of Division I of this article apply in the county without exception or variation: 10

(1) § 4–205 (“Chain store, supermarket, or discount house”); 11

(2) § 4–206 (“Limitations on retail sales floor space”); 12

(3) § 4–207 (“Licenses issued to minors”); 13

(4) § 4–209 (“Hearing”); 14

(5) [§ 4–210 (“Approval or denial of license application”); 15

(6)] § 4–211 (“License forms; effective date; expiration”); and 16

[(7)] (6) § 4–213 (“Replacement licenses”). 17

(b) Section 4–214 (“Waiting periods after denial of license applications”) of 18
Division I of this article does not apply in the county and is superseded by § 23–1507 of this 19
subtitle. 20

(c) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local 21
Licenses”) of Division I of this article apply in the county: 22

(1) § 4–202 (“Authority of local licensing boards”), subject to § 23–1502 of 23
this subtitle; 24

(2) § 4–203 (“Prohibition against issuing multiple licenses to individual or 25
for use of entity”), subject to § 23–1504 of this subtitle; 26

(3) § 4–204 (“Prohibition against issuing multiple licenses for same 27
premises”), subject to Subtitle 13, Part III and Subtitle 16, Part II of this title; 28

HOUSE BILL 1461 3

(4) § 4–208 (“Notice of license application required”), subject to § 23–1505 1
of this subtitle; [and] 2

(5) § 4–210 (“APPROVAL OR DENIAL OF LICENSE APPLICATION”), 3
SUBJECT TO § 23–1509 OF THIS SUBTITLE; AND 4

[(5)] (6) § 4–212 (“License not property”), in addition to § 23–1506 of this 5
subtitle. 6

23–1503. 7

In determining whether to approve an application for any new Class A license, the 8
Hearing Board shall include in its written decision findings as to: 9

(1) each of the factors set forth under § 4–210(a) of this article; AND 10

(2) THE CONSIDERATION OF THE AVOIDANCE OF THE 11
OVERCONCENTRATION OF LICENSES IN NEIGHBORHOODS, PARTICULARLY 12
NEIGHBORHOODS OF POVERTY, AS REQUIRED UNDER § 23–1509 OF THIS SUBTITLE. 13

23–1509. 14

BEFORE THE BOARD OR THE HEARING BOARD ISSUES A LICENSE, THE BOARD 15
OR THE HEARING BOARD SHALL GIVE PARTICULAR CONSIDERATION TO THE 16
AVOIDANCE OF THE OVERCONCENTRATION OF LICENSES IN NEIGHBORHOODS, 17
PARTICULARLY NEIGHBORHOODS OF POVERTY. 18

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 19
apply only prospectively and may not be applied or interpreted to have any effect on or 20
application to an issuance or renewal of a license before the effective date of this Act. 21

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2022. 23