reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 14 - Applications for Licenses › Section 24-1403 - Criminal History Record Information to Be Kept in Sealed Envelope

The Board shall:
(1)    keep all criminal history record information in a sealed envelope available only to the members of the Board and their designees; and
(2)    adopt regulations to further preserve the confidentiality of criminal history records obtained.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 14 - Applications for Licenses › Section 24-1404 - Hearing May Not Be Delayed on Account of Failure to Provide Records Check

The hearing for a new applicant and the issuance of a license may not be delayed due to the failure of the Federal Bureau of Investigation to provide the requested criminal history records check by the date of the scheduled hearing.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 14 - Applications for Licenses › Section 24-1406 - Fee to Cover Costs of Obtaining Fingerprints and Records Check Results

The Board may set and charge a fee to cover the cost of obtaining the applicant’s fingerprints and the results of the State and national criminal history records check.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 14 - Applications for Licenses › Section 24-1407 - Terms of Licenses

(a)    (1)    A license shall be issued for 6 or 12 months.
(2)    The term of a license begins on May 1.
(b)    If a license is not claimed by the applicant within 30 days after issue or renewal, the license is void.
(c)    When a 6–month license is issued, only one–half of the annual fee shall be charged.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 14 - Applications for Licenses › Section 24-1408 - Refund of License Fees

(a)    If a license holder voluntarily surrenders the license before its expiration date, the Board shall grant a refund:
(1)    based on the number of whole months remaining before the license expiration date; and
(2)    calculated as 1/12 of 95% of the license fee paid for each whole month remaining before the license expiration date.
(b)    A refund shall be paid not later than 3 weeks after the license is surrendered to the Board.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 15 - Issuance or Denial of Licenses › Section 24-1501 - Application of General Provisions

(a)    The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation:
(1)    § 4–202 (“Authority of local licensing boards”);
(2)    § 4–205 (“Chain store, supermarket, or discount house”);
(3)    § 4–206 (“Limitations on retail sales floor space”);
(4)    § 4–207 (“Licenses issued to minors”);
(5)    § 4–208 (“Notice of license application required”);
(6)    § 4–209 (“Hearing”);
(7)    § 4–210 (“Approval or denial of license application”);
(8)    § 4–211 (“License forms; effective date; expiration”);
(9)    § 4–212 (“License not property”); and
(10)    § 4–213 (“Replacement licenses”).
(b)    Section 4–214 (“Waiting periods after denial of license applications”) of Division I of this article does not apply in the county and is superseded by § 24–1503 of this subtitle.
(c)    The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county:
(1)    § 4–203 (“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to § 24–1502 of this subtitle; and
(2)    § 4–204 (“Prohibition against issuing multiple licenses for same premises”), subject to § 24–1502 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 15 - Issuance or Denial of Licenses › Section 24-1502 - Bowling Establishments

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if:
(1)    the licenses are Class D beer or Class D beer and wine licenses; and
(2)    each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 15 - Issuance or Denial of Licenses › Section 24-1503 - Waiting Period After Denials

(a)    Except as provided in subsection (b) of this section:
(1)    if a license application is denied, the Board may not issue a license for the same location for 1 year after the denial; and
(2)    if a subsequent application for the same location is denied, the Board may not issue a license for that location for 2 years after the second denial.
(b)    This section does not apply to a license application that is denied:
(1)    because of a legal defect or omission;
(2)    solely because the Board determined expressly that the applicant is not a proper person to whom the licensed applied for should be issued; or
(3)    for license transfers.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 15 - Issuance or Denial of Licenses › Section 24-1504 - Additional Bars and Serving Counters

(a)    The Board may authorize a license holder to install an additional bar or serving counter within a reasonable distance of the main building of the premises served by the license held by the license holder.
(b)    The Board shall determine what is a reasonable distance for an additional bar or serving counter.
(c)    An additional license is not required for an additional bar or serving counter.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 17 - Transfer of Licenses; Substitution of Names on License › Section 24-1701 - Application of General Provisions

Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article applies in the county without exception or variation.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 19 - Conduct of License Holders › Section 24-1901 - Application of General Provisions

(a)    The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:
(1)    § 4–502 (“Storage of alcoholic beverages”);
(2)    § 4–503 (“Solicitations and sales outside of licensed premises”);
(3)    § 4–506 (“Evidence of purchaser’s age”);
(4)    § 4–507 (“Retail delivery of alcoholic beverages”); and
(5)    § 4–508 (“Display of license”).
(b)    The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:
(1)    § 4–504 (“Employment of underage individuals”), subject to § 24–1902 of this subtitle; and
(2)    § 4–505 (“Alcohol awareness program”), subject to § 24–1903 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 19 - Conduct of License Holders › Section 24-1902 - Employment of Underage Individuals

(a)    This section applies to the holder of:
(1)    a Class A (off–sale) license;
(2)    a Class B (on–sale) license; or
(3)    a Class C (on–sale) beer, wine, and liquor license.
(b)    (1)    Except as provided in paragraph (2) of this subsection, an individual under the age of 21 years may not be employed to sell, deliver, or otherwise deal with alcoholic beverages.
(2)    An individual at least 18 years old may be employed to:
(i)    stock alcoholic beverages in a premises for which a Class A license is issued;
(ii)    serve alcoholic beverages while acting as a server on the licensed premises other than a premises for which a Class A license is issued; and
(iii)    operate a lottery ticket terminal in a premises for which a Class A license is issued.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 19 - Conduct of License Holders › Section 24-1903 - Alcohol Awareness Program

(a)    (1)    The license holder or an individual designated by the license holder who is employed in a supervisory capacity shall:
(i)    be certified by an approved alcohol awareness program; and
(ii)    except as provided in paragraph (2) of this subsection, be present on the licensed premises during the hours in which alcoholic beverages may be sold.
(2)    The license holder or individual specified in paragraph (1) of this subsection may be absent from the licensed premises for a personal or business reason or an emergency if the absence lasts for not more than 2 hours.
(3)    The Board shall require the license holder to keep a log book on the licensed premises that documents each temporary absence, the length of time of the absence, and the reason for the absence, in the form that the Board requires.
(b)    A license holder who violates this section is subject to:
(1)    for a first offense, a $100 fine; and
(2)    for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 20 - Hours and Days for Consumption and Sale › Section 24-2001 - Consumption From 2 a.m. to 6 a.m. Prohibited

(a)    (1)    Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.
(2)    An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 20 - Hours and Days for Consumption and Sale › Section 24-2002 - Beer Licenses

(a)    A holder of a Class A beer license may sell beer from 6 a.m. to 2 a.m. the following day.
(b)    A holder of a Class B beer license may sell beer from 6 a.m. to 2 a.m. the following day.
(c)    Reserved.
(d)    A holder of a Class D beer license may sell beer from 6 a.m. to 2 a.m. the following day.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 20 - Hours and Days for Consumption and Sale › Section 24-2003 - Beer and Wine Licenses

(a)    A holder of a Class A beer and wine license may sell beer and wine from 6 a.m. to 2 a.m. the following day.
(b)    A holder of a Class B beer and wine license may sell beer and wine from 6 a.m. to 2 a.m. the following day.
(c)    Reserved.
(d)    Reserved.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 20 - Hours and Days for Consumption and Sale › Section 24-2004 - Beer, Wine, and Liquor Licenses

(a)    A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor from 6 a.m. to 2 a.m. the following day.
(b)    A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor from 6 a.m. to 2 a.m. the following day.
(c)    A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor from 6 a.m. to 2 a.m. the following day.
(d)    A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor from 6 a.m. to 2 a.m. the following day.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 21 - Revocation and Suspension of Licenses › Section 24-2101 - Application of General Provisions

Title 4, Subtitle 6 (“Revocation and Suspension of Local Licenses”) of Division I of this article applies in the county without exception or variation.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 21 - Revocation and Suspension of Licenses › Section 24-2102 - Suspension Penalty

(a)    The Board may suspend a license for a violation of this article for not less than 15 or more than 90 days.
(b)    A petition for judicial review does not stay the order of the Board suspending a license.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 25 - Unlicensed Establishments › Section 24-2501 - Prohibited Activities in a Place of Adult Entertainment

(a)    A person may not serve setups, including drinking containers and ice, or serve, keep, or allow to be consumed alcoholic beverages or other component parts of mixed alcoholic drinks in a place of adult entertainment that:
(1)    does not hold a license under this article; and
(2)    allows at its location a form of sexual display or attire prohibited under § 4–605 of this article.
(b)    A person who operates an establishment for profit that is not licensed under this article may not knowingly allow a customer to bring alcoholic beverages for consumption into the establishment.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $10,000 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 25 - Unlicensed Establishments › Section 24-2502 - Hours When Consuming or Allowing Consumption of Alcoholic Beverages Is Prohibited

(a)    From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:
(1)    an establishment open to the public;
(2)    a place of public entertainment; or
(3)    a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.
(b)    An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.
(c)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 26 - Enforcement › Section 24-2601 - Application of General Provisions

(a)    The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county without exception or variation:
(1)    § 6–202 (“Inspections”);
(2)    § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”);
(3)    § 6–205 (“Peace officers”);
(4)    § 6–206 (“Charging document for unlawful sale of alcoholic beverage”);
(5)    § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”);
(6)    § 6–208 (“Regulating possession or consumption of alcohol in public places”); and
(7)    § 6–209 (“Adoption of standards for authorization of consumption”).
(b)    Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the county.
(c)    The following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the county:
(1)    § 6–204 (“Power to summon witnesses”), in addition to § 24–2602 of this subtitle; and
(2)    § 6–211 (“Fines and forfeitures”), subject to § 24–2603 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 27 - Prohibited Acts › Section 24-2701 - Application of General Provisions

(a)    The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county without exception or variation:
(1)    § 6–305 (“Proof of age for sale of alcoholic beverages”);
(2)    § 6–306 (“Defense to prosecution for sale to underage individual”);
(3)    § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”);
(4)    § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”);
(5)    § 6–310 (“Providing free food”);
(6)    § 6–311 (“Restrictions on purchases and sales by retail dealer”);
(7)    § 6–312 (“Beverage misrepresentation”);
(8)    § 6–313 (“Tampering with alcoholic beverage container”);
(9)    § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”);
(10)    § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”);
(11)    § 6–316 (“Maximum alcohol content”);
(12)    § 6–317 (“Multiple serving purchase required”);
(13)    § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”);
(14)    § 6–320 (“Disorderly intoxication”);
(15)    § 6–323 (“Possession or use of Alcohol Without Liquid machine”);
(16)    § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”);
(17)    § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”);
(18)    § 6–328 (“Tax evasion”);
(19)    § 6–329 (“Destruction of evidence”); and
(20)    § 6–330 (“Perjury”).
(b)    The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article do not apply in the county:
(1)    § 6–321 (“Consumption of alcoholic beverages in public”); and
(2)    § 6–322 (“Possession of open container”).
(c)    The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the county:
(1)    § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”), subject to § 24–2702 of this subtitle; and
(2)    § 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”), subject to § 24–2703 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 27 - Prohibited Acts › Section 24-2702 - Selling or Providing Alcoholic Beverages to Individual Under the Age of 21 Years -- Criminal Procedure

(a)    A license holder or an employee of a license holder who is charged with a violation of § 6–304 of this article:
(1)    shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and
(2)    may not be required to post bail pending trial in any court in the State.
(b)    A license holder or an employee of a license holder may not be found guilty of a violation of § 6–304 of this article if:
(1)    the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years; and
(2)    the individual was not a resident of the State.
(c)    The granting of probation before judgment to a license holder or employee of the license holder for a violation of § 6–304 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 27 - Prohibited Acts › Section 24-2703 - Selling or Providing Alcoholic Beverages to Intoxicated Individual -- Criminal Procedure

(a)    A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article:
(1)    shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and
(2)    may not be required to post bail pending trial in any court in the State.
(b)    The granting of probation before judgment to a license holder or employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 27 - Prohibited Acts › Section 24-2704 - Selling or Providing Alcoholic Beverages to Habitual Drunkard

(a)    In this section, “knowingly” means the knowledge a reasonable individual would have under ordinary circumstances based on the habits, appearance, or personal reputation of an individual.
(b)    A license holder or an employee of a license holder may not knowingly sell or provide an alcoholic beverage to a habitual drunkard.
(c)    A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1)    for a first offense, a fine not exceeding $50; and
(2)    for each subsequent offense, imprisonment not exceeding 30 days or a fine not exceeding $100 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 27 - Prohibited Acts › Section 24-2705 - Individuals Under the Age of 21 Years

(a)    An individual under the age of 21 years may not:
(1)    enter the licensed premises; or
(2)    knowingly make a false statement concerning the individual’s age to gain entrance to the establishment.
(b)    An individual who violates subsection (a)(2) of this section:
(1)    shall be issued a citation under § 10–119 of the Criminal Law Article by a police officer or alcoholic beverages inspector; and
(2)    is subject to the penalties provided in § 10–119 of the Criminal Law Article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 27 - Prohibited Acts › Section 24-2706 - Allowing Individual Under the Age of 21 Years to Loiter on Premises

(a)    (1)    A license holder or an agent or an employee of the license holder may not allow an individual under the age of 21 years to loiter about the premises for which a Class B or Class D beer license is issued.
(2)    An individual under the age of 21 years may not loiter or be a nuisance on the premises for which a Class B or Class D beer license is issued.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $200 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 24 - Kent County › Subtitle 28 - Penalties › Section 24-2802 - Hearing and Penalty for Violation

(a)    (1)    The Board shall hear a case within 30 days after the violation is reported by an inspector or law enforcement officer.
(2)    The Board shall make a determination of the case within 15 days after the conclusion of the hearing.
(b)    (1)    Unless another penalty is provided, for a violation of this article, the Board may impose:
(i)    for the first offense:
1.    a fine not exceeding $1,000;
2.    suspension of the license; and
3.    closure of the place of business not exceeding 15 days;
(ii)    for the second offense:
1.    a fine not exceeding $2,000;
2.    suspension of the license; and
3.    closure of the place of business not exceeding 30 days;
(iii)    for a third or subsequent offense that is different from either of the two previous offenses:
1.    a fine not exceeding $2,500;
2.    suspension of the license; and
3.    closure of the place of business not exceeding 90 days; and
(iv)    for a third offense that is the same as either of the two previous offenses:
1.    revocation of the license;
2.    prohibition of licensure of the violator; and
3.    prohibition of licensure of the premises for a period not exceeding 1 year after the revocation.
(2)    The penalties provided in paragraph (1) of this subsection:
(i)    do not limit, but are in addition to, other specific or general penalties for the same violation under this article; and
(ii)    are independent of any related court action based on the same violation.
(c)    A petition seeking judicial review may not stay an order of the Board to suspend a license or close a place of business.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 1 - Definitions; General Provisions › Section 25-101 - Definitions

(a)    In this title:
(1)    the definitions in § 1–101 of this article apply without exception or variation; and
(2)    the following words have the meanings indicated.
(b)    “Board” means the Board of License Commissioners for Montgomery County.
(c)    “County” means Montgomery County.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 1 - Definitions; General Provisions › Section 25-103 - Copy of Legislation

A copy of any legislation concerning alcoholic beverages enacted by the county governing body under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 2 - Board of License Commissioners › Section 25-202 - Membership

(a)    The County Executive shall appoint five members to the Board, subject to confirmation by the County Council.
(b)    (1)    Each member of the Board shall be a registered voter of the county.
(2)    Not more than three members of the Board may be members of the same political party.
(c)    (1)    In this subsection, “direct or indirect interest” means an interest that is proprietary or obtained by a loan, mortgage, or lien or in any other manner.
(2)    A member of the Board may not:
(i)    have a direct or indirect interest in or on a premises where alcoholic beverages are manufactured or sold;
(ii)    have a direct or indirect interest in a business wholly or partly devoted to the manufacture or sale of alcoholic beverages;
(iii)    own stock in:
1.    a corporation that has a direct or indirect interest in a premises where alcoholic beverages are manufactured or sold; or
2.    a business wholly or partly devoted to the manufacture or sale of alcoholic beverages;
(iv)    hold any other public office, including federal, State, or local office; or
(v)    solicit or receive, directly or indirectly, a commission, remuneration, or gift from:
1.    a person engaged in the manufacture or sale of alcoholic beverages or an agent or employee of the person; or
2.    a license holder.
(3)    (i)    Subject to the Montgomery County public ethics law and subparagraph (ii) of this paragraph, a member of the Board may be an employee of the federal, State, or local government.
(ii)    A member of the Board may not be an employee of the County Alcohol Beverage Services.
(d)    (1)    The term of a member is 4 years.
(2)    The terms of the members are staggered as required by the terms provided for members of the Board on July 1, 2016.
(e)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(f)    With the approval of the County Council, the County Executive may remove a member for misconduct in office, incompetence, or willful neglect of duty.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 2 - Board of License Commissioners › Section 25-204 - Quorum; Compensation; Staff

(a)    Three members of the Board are a quorum for transacting business.
(b)    (1)    The chair of the Board shall receive $10,000 annually.
(2)    Each other member of the Board shall receive $9,000 annually.
(c)    (1)    The Board may:
(i)    employ:
1.    a secretary;
2.    inspectors; and
3.    clerical and other assistants as are necessary; and
(ii)    set the compensation of the employees.
(2)    The office of the County Attorney and other county departments shall be made available to the Board.
(3)    A county employee made available to the Board under paragraph (2) of this subsection may not solicit or receive, directly or indirectly, a commission, remuneration, or gift from:
(i)    a person engaged in the manufacture or sale of alcoholic beverages or an agent or employee of the person; or
(ii)    a license holder.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Director” means the Director of the Services.
(c)    “Dispensary” means a store established and maintained by the Services for the sale of alcoholic beverages.
(d)    “Services” means the County Alcohol Beverage Services.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-303 - Director

(a)    There is a Director of the Services, who shall be the chief administrative officer of and exercise general supervision over the Services.
(b)    The County Executive shall appoint the Director with the consent of the County Council.
(c)    The County Executive shall determine the qualifications of the Director.
(d)    The Director:
(1)    serves at the pleasure of the County Executive; and
(2)    shall devote full time to the duties of the Services.
(e)    The County Executive shall set the salary of the Director with the approval of the County Council.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-304 - Staff

(a)    (1)    With the approval of the County Executive, the Director may appoint employees necessary to operate the dispensary system, set employee compensation, and require a bond for the faithful performance of employee duties.
(2)    Except for the Director, each Services employee shall be appointed and employed in accordance with regulations of the Merit System Protection Board.
(b)    The Office of the County Attorney shall provide legal services to the Services.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-305 - Restrictions on Financial Interests

(a)    A member of the County Council or the County Executive may not have a direct or indirect financial interest in the sale, manufacture, blending, brewing, distilling, rectifying, or wholesaling of any alcoholic beverage purchased or sold under this article.
(b)    Except as provided in subsection (c) of this section, an employee of the Services may not:
(1)    have a direct or indirect financial interest in the sale, manufacture, blending, brewing, distilling, rectifying, or wholesaling of any alcoholic beverage purchased or sold under this article;
(2)    have an interest in a license;
(3)    directly or indirectly solicit or receive any fee, commission, gratuity, emolument, remuneration, reward, present, or alcoholic beverage sample, and any other consideration from:
(i)    a person who sells, manufactures, blends, brews, distills, rectifies, wholesales, or distributes alcoholic beverages; or
(ii)    a license holder; or
(4)    derive any profit or remuneration from the purchase or sale of alcoholic beverages other than the salary paid by the county for the discharge of the employee’s duties.
(c)    Subject to the County Public Ethics Law, the Services may allow a Services employee to be employed by a license holder if the employment directly relates to the performing arts.
(d)    (1)    Except as provided in subsection (e) of this section, a person listed in paragraph (2) of this subsection may not directly or indirectly offer, pay, or give a fee, reward, present, commission, gift, or sample of alcoholic beverages to an employee of the Services, a member of the County Council, or the County Executive.
(2)    This subsection applies to:
(i)    a license holder or an employee of a license holder; or
(ii)    a person or an agent or employee of a person engaged in the manufacture, sale, blending, brewing, distilling, rectifying, wholesaling, or distribution of alcoholic beverages.
(e)    (1)    This section does not prohibit a manufacturer, brewer, wholesaler, or dealer that sells or attempts to sell alcoholic beverages to the Services from providing samples of alcoholic beverages to the Services.
(2)    A person that provides samples of alcoholic beverages to the Services shall obtain a receipt, signed by the Director, stating in detail the amount and a description of the samples.
(3)    When received, samples of alcoholic beverages provided under this subsection shall be inventoried and sold in the same manner as other beverages that the Services purchases.
(f)    A person that violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 years or a fine not exceeding $5,000 or both.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-306 - Advisory Board

(a)    There is an Advisory Board in the Services.
(b)    The Advisory Board consists of the following eight members:
(1)    the Director;
(2)    the Director of the County Department of Police;
(3)    the Chair of the Board of License Commissioners; and
(4)    five members who are county residents appointed by the County Executive with the consent of the County Council.
(c)    Of the members of the Advisory Board appointed under subsection (b)(4) of this section:
(1)    only one shall be a holder of a Class B or a Class C beer, wine, and liquor license in the county; and
(2)    only one shall be a holder of a license of any other class in the county.
(d)    (1)    This subsection applies to members of the Advisory Board appointed under subsection (b)(4) of this section.
(2)    The term of a member is 4 years.
(3)    A member appointed after a term has begun serves only for the remainder of the term.
(4)    The terms of the members are staggered as required by the terms provided for members on July 1, 2016.
(e)    With the consent of the County Council, the County Executive may remove a member whom the County Executive appointed to the Advisory Board.
(f)    The Advisory Board shall report at least quarterly to the County Executive on recommendations for the improvement of:
(1)    the alcoholic beverages control and enforcement activities of the county; and
(2)    the operations of the dispensary and distribution systems from the standpoint of efficiency, service provided, and convenience to the public.
(g)    A member of the Advisory Board:
(1)    may not receive compensation; but
(2)    is entitled to necessary expenses in connection with the performance of the duties of the Advisory Board.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-307 - Monopoly Control

(a)    This section does not apply to a holder of a Class F license.
(b)    (1)    Except as provided in paragraphs (2) through (8) of this subsection:
(i)    the Services has a monopoly on the wholesale distribution of beer, wine, and liquor and retail distribution of off–sale liquor in the county, subject to § 1–319 of this article; and
(ii)    a person may sell only alcoholic beverages that are purchased from the Services.
(2)    The holders of the following wholesaler’s licenses may sell or deliver alcoholic beverages for resale to a dispensary:
(i)    a Class 1 beer, wine, and liquor license;
(ii)    a Class 2 wine and liquor license;
(iii)    a Class 3 beer and wine license;
(iv)    a Class 4 beer license; or
(v)    a Class 5 wine license.
(3)    The holder of a Class 6 limited wine wholesaler’s license or nonresident winery permit may sell or deliver wine directly to a dispensary, restaurant, or other retail dealer in the county.
(4)    The holder of a Class 7 limited beer wholesaler’s license or nonresident brewery permit may sell or deliver its own beer to a dispensary, restaurant, or other retail dealer in the county.
(5)    The holder of a Class 8 liquor wholesaler’s license or nonresident distillery permit may sell or deliver its own liquor to a dispensary, restaurant, or other retail dealer authorized to sell liquor in the county.
(6)    A holder of a direct wine shipper’s permit may ship wine directly to a consumer in the county.
(7)    A dispensary, restaurant, or other retail dealer in the county may purchase wine directly from a holder of a Class 6 limited wine wholesaler’s license or of a nonresident winery permit.
(8)    A dispensary, restaurant, or other retail dealer in the county may purchase beer directly from a holder of a Class 7 limited beer wholesaler’s license or of a nonresident brewery permit.
(9)    A dispensary, restaurant, or other retail dealer authorized to sell liquor in the county may purchase liquor directly from a holder of a Class 8 liquor wholesaler’s license or of a nonresident distillery permit.
(10)    A holder of a charity wine auction permit in the county may receive and sell wine obtained from any source listed under § 2–137 of this article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-308 - Delivery of Beer to per Diem License Holder

(a)    The Services may enter into an agreement with a holder of a per diem license to deliver beer on the effective date of the per diem license and accept returns on the same day.
(b)    The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-309 - Other Powers

(a)    With the approval of the County Executive and subject to § 1–319 of this article, the Director may:
(1)    purchase from a holder of a wholesaler’s license or manufacturer’s license alcoholic beverages that the Services is authorized to sell and on which the excise tax imposed by § 5–102 of the Tax – General Article is paid;
(2)    purchase from a holder of a resident or nonresident dealer’s permit and import for resale alcoholic beverages that the Services is authorized to sell, and resell the alcoholic beverages once the excise tax is paid;
(3)    sell alcoholic beverages in sealed containers at prices that it determines and that are uniform in all dispensaries;
(4)    refuse to sell alcoholic beverages to a person that, in the Services’ judgment, is not suitable to purchase or consume the alcoholic beverages;
(5)    restrict by any method the quantity of alcoholic beverages that may be sold to an individual consumer or license holder at or during any time;
(6)    enter into a contract or adopt regulations necessary or desirable to carry out this article;
(7)    sell and ship outside of the county a container or package of alcoholic beverages kept for sale in a dispensary, if not prohibited by law in the place where the shipment is consigned; and
(8)    establish the hours of sale for dispensaries, outside of which a dispensary may not remain open.
(b)    (1)    With the approval of the County Executive, the Director, by rental, lease, purchase, or otherwise, may acquire:
(i)    real or personal property determined by the Director to be necessary to operate dispensaries, stores, or warehouses; and
(ii)    alcoholic beverages from any source for resale.
(2)    Except for purchases of merchandise for resale, the Services shall make all purchases through the County Office of Procurement.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-311 - Distribution of Proceeds

(a)    Revenue derived from the sale of alcoholic beverages shall be:
(1)    deposited in a bank located in the county in the name of Montgomery County, Maryland; and
(2)    disbursed by the Director of Finance in the same manner as other county funds.
(b)    (1)    There is an Alcohol Beverage Services Fund in the county.
(2)    The proceeds derived from the sale of alcoholic beverages shall be credited into the Alcohol Beverage Services Fund to maintain an adequate balance of working capital, as determined by the Director and the Director of Finance and subject to the approval of the County Executive, for the continued operation of the dispensary system.
(3)    After providing adequate working capital for the Alcohol Beverage Services Fund, the net proceeds shall be deposited to the general fund of the county.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-313 - Records and Reports

The Department of Finance shall:
(1)    keep accurate records of all purchases of alcoholic beverages; and
(2)    prepare and forward to the County Executive and County Council an annual report for the previous fiscal year.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 3 - Alcohol Beverage Services › Section 25-314 - Stale Malt Beverages

(a)    A supplier may enter into an agreement with a wholesaler or an authorized representative of a wholesaler to replace, directly or indirectly, stale or out–of–date malt beverage products on retail licensed premises:
(1)    on a case for case basis;
(2)    at the supplier’s expense; and
(3)    under a plan that the Comptroller approves.
(b)    (1)    If a wholesaler refuses to replace stale or out–of–date malt beverage products on retail licensed premises under the plan described in subsection (a)(3) of this section, the supplier may unilaterally submit a replacement plan to the Comptroller for approval.
(2)    The replacement plan that the supplier unilaterally submits to the Comptroller may include the designation of an authorized representative or wholesaler outside the territory of the wholesaler who refuses to participate in the plan.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 4 - Manufacturer's Licenses › Section 25-401 - Application of General Provisions

(a)    The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county without exception or variation:
(1)    § 2–201 (“Issuance by Comptroller”);
(2)    § 2–202 (“Class 1 distillery license”);
(3)    § 2–204 (“Class 2 rectifying license”);
(4)    § 2–207 (“Class 5 brewery license”);
(5)    § 2–210 (“Class 8 farm brewery license”);
(6)    § 2–211 (“Residency requirement”);
(7)    § 2–212 (“Additional licenses”);
(8)    § 2–213 (“Additional fees”);
(9)    § 2–214 (“Sale or delivery restricted”);
(10)    § 2–216 (“Interaction between manufacturing entities and retailers”);
(11)    § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and
(12)    § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).
(b)    Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the county.
(c)    The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the county:
(1)    § 2–203 (“Class 9 limited distillery license”), subject to § 25–406 of this subtitle;
(2)    § 2–205 (“Class 3 winery license”), subject to § 25–403 of this subtitle;
(3)    § 2–206 (“Class 4 limited winery license”), subject to § 25–407 of this subtitle;
(4)    § 2–208 (“Class 6 pub–brewery license”), subject to § 25–404 of this subtitle; and
(5)    § 2–209 (“Class 7 micro–brewery license”), subject to § 25–405 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 4 - Manufacturer's Licenses › Section 25-402 - Hours and Days of Sale or Delivery

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to the Alcohol Beverage Services from 6 a.m. to midnight on every day except Sunday.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 4 - Manufacturer's Licenses › Section 25-403 - Class 3 Winery License

The Board may issue a Class D beer and wine license to a holder of a Class 3 winery license that produces not more than 20,000 gallons in a year.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 25 - Montgomery County › Subtitle 4 - Manufacturer's Licenses › Section 25-404 - Class 6 Pub-Brewery License

(a)    This section applies to a Class 6 pub–brewery license in the county.
(b)    Section 2–208(d) of this article does not apply in the county.
(c)    A holder of the license shall enter into a written agreement with the Alcohol Beverage Services for the sale and resale of malt beverages brewed under the license.