§ 32-902
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/md/alcoholic-beverages-and-cannabis/32-902·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§32–902.
(a)There is a Class B beer, wine, and liquor license.
(1)The Board may issue the license for use by:
(i)a hotel that has:
1. at least 25 rooms;
2. a lobby with registration, mail desk, and seating facilities; and
3. a dining room that serves full–course meals at least twice daily; or
(ii)a restaurant that:
1. has a proper and adequate dining room with facilities for preparing and serving regular meals;
2. not counting seating at a bar or counter, has table seating for at least 40 individuals; and
3. has average daily receipts from the sale of food, not counting foodstuff contained in a mixed drink, that each month exceed the average daily receipts from the sale of alcoholic beverages.
(2)The seating requirement in paragraph (1)(ii)2 of this subsection does not apply to a Class B beer, wine, and liquor license holder who held the license on July 1, 1978.
(c)The license authorizes the license holder to sell beer, wine, and liquor at a hotel or restaurant at retail at the place described in the license, for on–premises consumption.
(1)In this subsection, “lounge area” means an area that includes:
(i)a bar where alcoholic beverages are served; and
(ii)an entertainment facility in the same area as the bar.
(2)The license holder may:
(i)prohibit an individual under the legal drinking age from entering the lounge area after 9 p.m. unless the individual is accompanied by a parent or legal guardian who is of the legal drinking age; and
(ii)charge an entertainment fee for each individual who is present while live entertainment is in progress in the lounge area.
(1)Notwithstanding § 32–306 of this title, the license holder may purchase liquor for retail sale from a county dispensary or from a licensed wholesaler.
(2)A county dispensary may not charge the license holder more than 15% above the wholesale operating cost to the county dispensary.
(f)The annual license fees are:
(1)$1,980 for a hotel; and
(2)$1,320 for a restaurant.
(1)The Board may issue a wine permit to a holder of the license for use by a restaurant that:
(i)at least 5 days per week, offers for sale and describes in a printed menu:
1. breakfast and lunch;
2. breakfast and dinner; or
3. lunch and dinner; and
(ii)has an area used for the preparation and consumption of food and beverages that is at least 80% of the area of the premises.
(2)Off–sale alcoholic beverages receipts shall be included in the calculation of average daily receipts from the sale of alcoholic beverages under § 32–901(c)(2)(i)3 of this subtitle.
(3)The wine permit authorizes the license holder to sell, at retail, at the place described in the license:
(i)beer, wine, and liquor for on–premises consumption; and
(ii)wine for off–premises consumption.
(4)The term of the wine permit is the same as the term of the Class B license.
(5)If the premises is open for business as a restaurant, the hours and days of sale for the wine permit are:
(i)10 a.m. to midnight, Monday through Saturday; and
(ii)12:30 p.m. to midnight on Sunday.
(6)Wine sold under the wine permit may not have an alcohol content greater than 15.5%.
(7)An applicant for the wine permit shall complete the form that the Board provides.
(8)Advertising, posting of notice, and public hearing requirements for the wine permit are the same as those for Class B licenses.
(9)The Board may adopt regulations to carry out this subsection, including a limit on the number of wine permits to be granted.
(10)The annual permit fee is $1,500.
(h)The holder of a Class B beer, wine, and liquor restaurant license that has been issued a Class 9 limited distillery license may sell products manufactured under the distillery license at the place described in the Class B license in a manner consistent with the underlying Class B license for on– and off–premises consumption.
(1)The Board may issue a temporary to–go event permit under § 32–1104 of this title to a holder of a license under this section if the licensed establishment is located within or immediately adjacent to a special event area identified in a Class C per diem municipal to–go beer, wine, and liquor license issued under § 32–1314 of this title.
(2)The temporary to–go event permit authorizes the holder to sell at retail beer, wine, and liquor in approved to–go cups that may be carried outside the licensed establishment and into the designated special event area.