Maryland HB 480: Alcoholic Beverages - Maryland Brewery Promotion Program - Establishment

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0480*

HOUSE BILL 480
A1 9lr1487
HB 1370/18 – ECM CF 9lr1379
By: Delegates Luedtke, Buckel, Cullison, Ebersole, Hornberger, Krebs, Mosby,
Rose, and Shoemaker
Introduced and read first time: February 1, 2019
Assigned to: Economic Matters

A BILL ENTITLED

AN ACT concerning 1

Alcoholic Beverages – Maryland Brewery Promotion Program – Establishment 2

FOR the purpose of establishing the Maryland Brewery Promotion Program in the 3
Department of Commerce; providing for the purposes of the Program; requiring an 4
applicant to meet certain requirements to qualify for participation in the Program; 5
requiring an applicant to submit a certain application; authorizing the Program to 6
provide certain grants to certain nonprofit organizations and government agencies, 7
subject to a certain limitation; prohibiting a certain applicant from using a certain 8
grant in a certain manner; establishing the Maryland Brewery Promotion Fund as a 9
special, nonlapsing fund; specifying the purposes of the Fund; requiring the 10
Secretary of Commerce to administer the Fund; requiring the State Treasurer to hold 11
the Fund separately, and the Comptroller to account for the Fund; specifying the 12
contents of the Fund; specifying the purposes for which the Fund may be used; 13
providing for the investment of money in and expenditures from the Fund; 14
authorizing the Secretary to adopt certain regulations; altering the distribution of 15
certain alcoholic beverage tax revenue; defining certain terms; and generally relating 16
to the Maryland Brewery Promotion Program. 17

BY adding to 18
Article – Economic Development 19
Section 5–1701 through 5–1705 to be under the new subtitle “Subtitle 17. Maryland 20
Brewery Promotion Program” 21
Annotated Code of Maryland 22
(2018 Replacement Volume) 23

BY repealing and reenacting, with amendments, 24
Article – Tax – General 25
Section 2–301 26
Annotated Code of Maryland 27
(2016 Replacement Volume and 2018 Supplement) 28

2 HOUSE BILL 480

BY repealing and reenacting, without amendments, 1
Article – Tax – General 2
Section 5–105 3
Annotated Code of Maryland 4
(2016 Replacement Volume and 2018 Supplement) 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7

Article – Economic Development 8

SUBTITLE 17. MARYLAND BREWERY PROMOTION PROGRAM. 9

5–1701. 10

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12

(B) “FUND” MEANS THE MARYLAND BREWERY PROMOTION FUND. 13

(C) “PROGRAM” MEANS THE MARYLAND BREWERY PROMOTION 14
PROGRAM. 15

5–1702. 16

(A) THERE IS A MARYLAND BREWERY PROMOTION PROGRAM IN THE 17
DEPARTMENT. 18

(B) THE PURPOSES OF THE PROGRAM ARE TO: 19

(1) PROVIDE GRANTS TO NONPROFIT ORGANIZATIONS AND 20
GOVERNMENT AGENCIES CONSISTENT WITH THE PURPOSES LISTED IN § 5–1703(C) 21
OF THIS SUBTITLE; AND 22

(2) CONDUCT OTHER ACTIVITIES FOR THE PURPOSE OF PROMOTING: 23

(I) THE CREATION AND DEVELOPMENT OF MARYLAND 24
BREWERIES; 25

(II) VISITS TO MARYLAND BREWERIES, INCLUDING VISITS FOR 26
TOURISM, SPECIAL EVENTS, PRODUCT INTRODUCTIONS, AND BREWER EDUCATION; 27
AND 28

(III) THE PRODUCTION AND CONSUMPTION OF MARYLAND BEER. 29

HOUSE BILL 480 3

5–1703. 1

(A) TO QUALIFY FOR PARTICIPATION IN THE PROGRAM, AN APPLICANT 2
SHALL BE A NONPROFIT ORGANIZATION OR A GOVERNMENT AGENCY. 3

(B) AN APPLICANT SHALL SUBMIT AN APPLICATION FOR A PROGRAM 4
GRANT ON THE FORM THAT THE SECRETARY REQUIRES. 5

(C) SUBJECT TO THE AVAILABILITY OF MONEY IN THE FUND, THE 6
PROGRAM MAY PROVIDE TO ELIGIBLE APPLICANTS GRANTS DESIGNED TO: 7

(1) FOSTER THE CREATION AND EXPANSION OF MARYLAND 8
BREWERIES; 9

(2) INCREASE TOURISM VISITS TO MARYLAND BREWERIES; 10

(3) ENCOURAGE AND CREATE INCENTIVES FOR SPECIAL EVENTS AT 11
BREWERIES; 12

(4) EDUCATE THE PUBLIC ABOUT BREWING IN MARYLAND, 13
ESPECIALLY THE HISTORY OF THE INDUSTRY; AND 14

(5) PROMOTE MARYLAND BEER. 15

(D) AN ELIGIBLE APPLICANT MAY NOT USE A GRANT PROVIDED UNDER THIS 16
SUBTITLE TO SATISFY ANY PART OF A MATCHING FUND REQUIREMENT OF ANOTHER 17
STATE GRANT PROVIDED TO THE ELIGIBLE APPLICANT. 18

5–1704. 19

(A) THERE IS A MARYLAND BREWERY PROMOTION FUND. 20

(B) THE PURPOSE OF THE FUND IS TO PROVIDE GRANTS THAT PROMOTE 21
THE ADVANTAGES AND ATTRIBUTES OF MARYLAND BREWERIES AND BEER BREWED 22
IN MARYLAND. 23

(C) THE SECRETARY SHALL ADMINISTER THE FUND. 24

(D) (1) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 25
SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 26
PROCUREMENT ARTICLE. 27

(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 28
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 29

4 HOUSE BILL 480

(E) THE FUND CONSISTS OF: 1

(1) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–301(B) OF THE 2
TAX – GENERAL ARTICLE; 3

(2) MONEY APPROPRIATED IN THE STATE BUDGET FOR THE FUND; 4
AND 5

(3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 6
T