MD. Alcoholic Beverages Code Ann. §  12-1604 (2021)
2021 Maryland Statutes|Alcoholic Beverages|Division II - Provisions Affecting Individual Jurisdictions|Title 12 - Baltimore City|Subtitle 16 - Licensing Conditions; Multiple Licensing Plans|Part I - Licensing Conditions|Section 12-1604 - Licenses in 46th Alcoholic Beverages District

    (a)    This section applies only to the 46th alcoholic beverages district, which at all times is coterminous with the 46th legislative district in the Legislative Districting Plan of 2002 as ordered by the Maryland Court of Appeals on June 21, 2002.    (b)    Except as provided in subsections (c) and (d) of this section, the Board may not issue a new license in the 46th alcoholic beverages district.    (c)    (1)    The Board may issue:            (i)    a 1–day license; and            (ii)    except as provided in paragraph (2) of this subsection, and subject to paragraphs (3) and (4) of this subsection, a Class B beer, wine, and liquor license for use by a restaurant if the average daily receipts from the sale of food are at least 51% of the total daily receipts of the restaurant.        (2)    The Board may issue a Class B beer, wine, and liquor license:            (i)    for a restaurant in ward 26, precinct 8, ward 4, precinct 1, or ward 3, precinct 3 that has:                1.    seating for more than 150 individuals;                2.    a minimum capital investment of $700,000; and                3.    subject to paragraph (3) of this subsection, average daily receipts from the sale of food that are at least 65% of the total daily receipts of the restaurant;            (ii)    for a restaurant in ward 4, precinct 1, or ward 22, precinct 1, if the restaurant has:                1.    seating for more than 75 individuals;                2.    a minimum capital investment of $700,000;                3.    average daily receipts from the sale of food that are at least 65% of the total daily receipts of the restaurant; and                4.    except as provided in paragraph (5) of this subsection, no sales for off–premises consumption;            (iii)    for not more than three restaurants in a residential planned unit development for Silo Point as approved by the Mayor and City Council of Baltimore City in Ordinance 04–697 on June 23, 2004, if each restaurant has:                1.    a minimum capital investment of $700,000;                2.    seating for more than 75 individuals;                3.    average daily receipts from the sale of food that are at least 65% of the total daily receipts of the restaurant; and                4.    except as provided in paragraph (5) of this subsection, no sales for off–premises consumption;            (iv)    for not more than three restaurants in a business planned unit development in ward 24, precinct 5, if each restaurant:                1.    has a minimum capital investment of $700,000;                2.    has seating for more than 75 individuals, but not more than 150 individuals;                3.    has average daily receipts from the sale of food that are at least 51% of the total daily receipts of the restaurant; and                4.    except as provided in paragraph (5) of this subsection, may not sell for off–premises consumption; and            (v)    for a restaurant in the area that is commonly known as Port Covington, bounded on the north by Interstate 95, on the east by the South Locust Point Terminal, and on the south and west by the Patapsco River, and that has:                1.    seating for more than 150 individuals;                2.    a minimum capital investment of $700,000; and                3.    subject to paragraph (3) of this subsection, average daily receipts from the sale of food that are at least 60% of the total daily receipts of the restaurant.        (3)    When a license is renewed, the license holder shall file with the Board a statement of average daily receipts and an affidavit of a licensed certified public accountant that verify that the license holder has met the requirement under paragraph (1)(ii) or (2)(i)3 or (v)3 of this subsection.        (4)    (i)    A license may not be issued under paragraph (1)(ii) of this subsection for use in an establishment that is a fast–food–style restaurant.            (ii)    A license issued under paragraph (1)(ii) of this subsection may not be transferred from the location of its first issuance.        (5)    The Board may issue a Class B beer, wine, and liquor license for a restaurant in ward 21, precinct 4 in the 1400 block of Warner Street that has:            (i)    seating for more than 150 individuals;            (ii)    average daily receipts from the sale of food that are at least 40% of the total daily receipts of the restaurant; and            (iii)    no sales for off–premises consumption.        (6)    A license specified under this subsection, including a license that does not allow sales for off–premises consumption, may include an off–sale privilege for sales of refillable containers under a refillable container license issued in accordance with § 12–1102 of this title.    (d)    (1)    The Board may issue a Class D beer, wine, and liquor license to an applicant who holds or has applied for a Class 9 limited distillery license.        (2)    A Class D beer, wine, and liquor license issued under this subsection may be transferred only to a holder of a Class 9 limited distillery license.    (e)    The Board may issue:        (1)    a Class C beer, wine, and liquor license in the 200 block of Holliday Street in ward 3, precinct 3;        (2)    a Class C beer, wine, and liquor license in the 200 block of South Central Avenue in ward 3, precinct 3; and        (3)    subject to subsection (f) of this section, a Class D beer license for the area in ward 24, precinct 5 that is bounded by East Fort Avenue on the north, the CSX access way on the east, East McComas Street on the south, and Whetstone Way on the west.    (f)    A Class D beer license may be transferred into the area specified under subsection (e)(3) of this section if originally issued for another area.    (g)    Notwithstanding subsection (c)(1) and (2) of this section, the Board may not issue a Class B beer, wine, and liquor restaurant license in:        (1)    the area covered by the Key Highway East Industrial Area Urban Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance 986 on June 29, 1987;        (2)    the area covered by the Key Highway Urban Renewal Plan, as adopted by the Mayor and City Council of Baltimore City in Ordinance 622 on March 12, 1986;        (3)    (i)    ward 1, precinct 4 or 5;            (ii)    ward 23, precinct 1; and            (iii)    ward 24, precinct 5; and        (4)    the area known as Pen Lucy, ward 9, precincts 1 and 2.    (h)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, the Board may not issue a license for:            (i)    ward 1, precincts 4 and 5;            (ii)    ward 23, precinct 1; or            (iii)    ward 24, precinct 5.        (2)    The Board may issue not more than two Class B beer, wine, and liquor licenses, so that the cumulative number of licenses issued or transferred is two, into the area of 829 through 919 E. Fort Avenue only if the Board:            (i)    has executed a memorandum of understanding between the community associations in Riverside and Locust Point regarding the nature of the establishment; and            (ii)    enforces the memorandum of understanding against any license holder that obtains a license under this paragraph and seeks to renew or transfer the license.        (3)    (i)    The Board may issue not more than a combined total of five Class B beer, wine, and liquor licenses for use by establishments on the north side of the 900 block of East Fort Avenue and on the west side of the 1400 block of Lawrence Street.            (ii)    A license issued for an establishment in these areas may not be transferred to another establishment.        (4)    The Board may issue not more than one Class B–HM (hotel–motel) beer, wine, and liquor license to a hotel in the 1200 block of East Fort Avenue.