§ 4-1107
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/md/alcoholic-beverages-and-cannabis/4-1107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§4–1107.
(a)This section applies only in a jurisdiction where the local licensing board has adopted regulations to authorize the delivery of alcoholic beverages by a third–party contractor, an independent contractor, or an agent.
(b)A local licensing board may issue a local delivery service permit.
(c)The permit authorizes the holder to deliver alcoholic beverages from a retail license holder authorized to deliver alcoholic beverages under § 4–507 of this title to an individual in the jurisdiction where the retail license holder is located.
(d)A local licensing board may set by regulation:
(1)the application requirements for the local delivery service permit; and
(2)additional requirements for holders of the local delivery service permit who deliver alcoholic beverages on behalf of a retail license holder.
(1)The local licensing board may charge a fee for the local delivery service permit.
(2)The annual fee for the local delivery service permit is $1,000.
(f)A local delivery service permit holder may:
(1)use the delivery service’s employees or independent contractors who are at least 21 years old to deliver alcoholic beverages; and
(2)facilitate orders for the sale and delivery of alcoholic beverages by telephone, Internet, or other electronic means.
(g)The purchaser or receiver of alcoholic beverages under this section shall:
(1)be at least 21 years old; and
(2)provide valid identification as proof of age on receipt of the alcoholic beverages.
(h)Alcoholic beverages sold for off–premises delivery under this section shall be:
(1)provided in the manufacturer’s original sealed container; and
(2)sold only during the hours the retail license holder is open for in–store purchases.
(i)An individual delivering alcoholic beverages under a local delivery service permit shall:
(1)be at least 21 years old; and
(2)have successfully completed an approved alcohol awareness program under § 4–505 of this title.
(j)A local delivery service permit holder may not deliver alcoholic beverages to:
(1)an individual who does not provide valid identification proving that the individual is at least 21 years old;
(2)another premises licensed to sell alcoholic beverages; or
(3)an individual located outside the jurisdiction where the retail license holder is located.
(k)A local delivery service permit holder is subject to the following penalties for violating this section:
(1)for a first violation, a fine of $1,000;
(2)for a second violation, a fine of $3,000 and a suspension of the local delivery service permit for 30 days;
(3)for a third violation, a fine of $6,000 and a suspension of the local delivery service permit for 60 days; and
(4)for any subsequent violation, revocation of the local delivery service permit.
(l)The holder of a local delivery service permit may not:
(1)sell alcoholic beverages; or
(2)store alcoholic beverages for delivery.
(1)A person shall apply to the local licensing board for a local delivery service permit before contracting to deliver alcoholic beverages for a retail license holder.
(2)If a retail license holder contracts with a local delivery service permit holder to deliver alcoholic beverages, the retail license holder and the local delivery service permit holder shall establish a method to ensure that the retail license holder retains control over sales to and payments made from a purchaser for the alcoholic beverages.
(n)The Executive Director may adopt regulations to enforce this section.