reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 4 - Renewal of Local Licenses › Section 4-402 - Eligibility for Renewal; Process

(a)    Subject to §§ 4–406 and 4–407 of this subtitle, a holder of an expiring license is entitled to an annual license renewal:
(1)    on the approval of the license renewal application by the local licensing board;
(2)    on payment of the annual license fee; and
(3)    without filing or providing more information unless specifically requested by the local licensing board.
(b)    Except as provided in §§ 4–407(a) and 4–408(c) of this subtitle, a local licensing board shall consider an application for license renewal in the same manner as for an original application.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 4 - Renewal of Local Licenses › Section 4-405 - Contents of Renewal Application

(a)    To be approved, a license renewal application shall:
(1)    state whether the facts in the original application have changed and, if so, the manner in which the facts have changed; and
(2)    be accompanied by a statement signed by the owner of the licensed premises consenting to:
(i)    renewal of the license; and
(ii)    search and seizure in the same manner as for an original application.
(b)    A local licensing board may not require the consent statement under subsection (a)(2) of this section for a retail dealer applying for renewal if:
(1)    the owner signed a comparable consent statement in connection with an original or previous license renewal application;
(2)    the consent statement under item (1) of this subsection is in effect for the term of the owner’s lease with the applicant; and
(3)    the lease does not expire during the term of the license renewal.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 4 - Renewal of Local Licenses › Section 4-406 - Protests

(a)    A protest against a license renewal may be made by:
(1)    at least 10 signatories who are:
(i)    residents, commercial tenants who are not holders of or applicants for a license, or real estate owners; and
(ii)    located in the immediate vicinity of the licensed premises; or
(2)    the local licensing board on its own initiative.
(b)    (1)    If a protest against renewing a license is filed at least 30 days before the license expires, the local licensing board may not approve the renewal without holding a hearing.
(2)    The local licensing board shall hear and determine the protest in the same manner as it hears and determines an original application.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 4 - Renewal of Local Licenses › Section 4-407 - Denial of Renewal Application

(a)    A local licensing board:
(1)    may not renew a license if the board determines that the license holder is not qualified to obtain a license renewal; but
(2)    shall issue to the license holder by way of renewal the class or type of license for which the board determines the license holder is qualified.
(b)    (1)    Subject to paragraph (2) of this subsection, a local licensing board shall deny a license renewal application if during the license year the license holder was convicted of a State or federal offense that, in the judgment of the board, renders the license holder unfit or unqualified to obtain a renewed license.
(2)    A local licensing board:
(i)    shall hold a public hearing before renewing a license under the circumstances described in paragraph (1) of this subsection; and
(ii)    may inquire into all relevant facts and circumstances concerning the offense at the hearing.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 4 - Renewal of Local Licenses › Section 4-408 - Issuance of Renewed Licenses

(a)    A local licensing board may issue renewed licenses for the following license year between April 15 and May 1, inclusive.
(b)    All renewed licenses shall be dated May 1.
(c)    If an expiring license is subject to an order of restriction or suspension, the local licensing board shall issue the corresponding license renewal subject to the same order.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 4 - Renewal of Local Licenses › Section 4-410 - Chain Store, Supermarket, or Discount House

Notwithstanding § 4–205 of this title, a chain store, supermarket, or discount house that holds a Class A, Class B, or Class D beer license, beer and wine license, or beer, wine, and liquor license may renew the license.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 5 - Conduct of Local License Holders › Section 4-502 - Storage of Alcoholic Beverages

(a)    This section does not apply to a person that:
(1)    holds a festival license issued by a local licensing board; and
(2)    has entered into an agreement authorized under Subtitle 13 of the various titles in Division II of this article that provides for the delivery of beer and wine before the effective date of the license and acceptance of returns after the expiration date of the license.
(b)    A license holder may store or keep alcoholic beverages only:
(1)    on the premises covered by the license; or
(2)    at a public warehouse, government–controlled warehouse, or individual warehouse for which a permit has been issued under this article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 5 - Conduct of Local License Holders › Section 4-503 - Solicitations and Sales Outside of Licensed Premises

(a)    A retail dealer may not employ a solicitor or salesperson outside of the licensed place of business to solicit orders for the sale of alcoholic beverages in the State.
(b)    The sale of alcoholic beverages may not occur outside of the licensed premises.
(c)    This section does not prohibit:
(1)    receiving orders by mail, telephone, or messenger;
(2)    the filling of orders by delivery; or
(3)    the payment for orders at the place of delivery.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 5 - Conduct of Local License Holders › Section 4-504 - Employment of Underage Individuals

(a)    An individual under the age of 18 years may not be engaged in the sale of alcoholic beverages.
(b)    (1)    Except as provided in paragraph (2) of this subsection, an individual between the ages of 18 and 21 years may be employed in the sale of beer and light wine.
(2)    An individual under the age of 21 years may not be employed by a holder of a Class D beer, wine, and liquor license in the sale of alcoholic beverages.
(c)    An individual at least 18 years old may be employed by a holder of a Class A license to operate a lottery ticket terminal.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 5 - Conduct of Local License Holders › Section 4-506 - Evidence of Purchaser's Age

(a)    A license holder or an employee of the license holder may require an individual to sign a book that the license holder keeps if:
(1)    the individual has shown documentary evidence that substantiates the individual’s age to allow the purchase of alcoholic beverages; and
(2)    the age of the individual remains in question.
(b)    (1)    The book authorized under subsection (a) of this section shall contain copies of the following form:
Date............... 20....
To Be Filled in by Seller
IDENTIFICATION (CHECK ALL SHOWN)
DESCRIPTION OF PURCHASER
To Be Filled in by Prospective Purchaser
I declare I am of legal age to purchase fermented malt beverages or intoxicating liquor, and that I am subject to arrest and prosecution for misrepresenting my age.
(2)    The license holder or an employee of the license holder shall record all information required by each section of the form.
______________________________________________________________________________
Driver’s license …………………………….. Army I.D. Card ………………………………..
Birth Certificate ………………………….... Coast Guard I.D. Card  ……………………....
Service Dishcharge ………………………... Marine I.D. Card ……………………………...
Draft Card ………………………………….. Navy I.D. Card ………………………………...
Air Force I.D. Card ………………………..
Other (Specify) ………………………………………………………………………….............
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Height  ……………………………………… Weight  ………………………………………….
Color of Eyes  ………………………………  Color of Hair  …………………………………...
Outstanding Features …………………………………………………………………………..
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Seller’s Signature ………………………………………………………………………………..
______________________________________________________________________________
______________________________________________________________________________
Print full name …………………………………………………………………………………..
Street Address  …………………………………………………………………………………..
City  …………………………………………  State  ……………………………………………
Signature …………………………………………………………………………………………
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 5 - Conduct of Local License Holders › Section 4-507 - Retail Delivery of Alcoholic Beverages

(a)    This section does not apply to:
(1)    the delivery of wine from a direct wine shipper to a consumer using a common carrier in accordance with Title 2, Subtitle 1, Part V of this article; or
(2)    the holder of a common carrier permit in the course of delivering directly shipped wine in accordance with Title 2, Subtitle 1, Part V of this article.
(b)    Retail delivery to a purchaser of alcoholic beverages is prohibited unless:
(1)    a retail license holder obtains a letter of authorization from the local licensing board to make deliveries; and
(2)    the delivery is made from the licensed premises by the retail license holder or an employee of the retail license holder.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 6 - Revocation and Suspension of Local Licenses › Section 4-603 - Revocation and Suspension Procedures

(a)    Revocation or suspension procedures may be started:
(1)    by a local licensing board, at the local licensing board’s initiative;
(2)    on the complaint of a peace officer;
(3)    if the license holder is located in a municipality that is within a county, on the complaint of the mayor and council of the municipality; or
(4)    on the written complaint of at least 10 residents, real estate owners, or voters of the precinct in which the licensed premises are located.
(b)    A license holder against whom proceedings under this section are brought shall:
(1)    be entitled to a hearing on the charges in the complaint; and
(2)    receive notice of the hearing at least 10 days before the hearing date.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 6 - Revocation and Suspension of Local Licenses › Section 4-604 - Grounds for Revocation or Suspension

(a)    A local licensing board may revoke or suspend a license:
(1)    for any reason to promote the peace or safety of the community in which the premises are located; or
(2)    for offenses as provided in this article.
(b)    A local licensing board shall revoke or suspend a license for:
(1)    conviction of the license holder for violation of this article or a provision of the Tax – General Article that relates to the alcoholic beverage tax;
(2)    willful failure or refusal of the license holder to comply with:
(i)    this article or provisions of the Tax – General Article that relate to the alcoholic beverage tax; or
(ii)    a regulation that may be adopted under this article or under provisions of the Tax – General Article that relate to the alcoholic beverage tax;
(3)    making a material false statement in an application for a license;
(4)    two or more convictions within 2 years of an agent or employee of a license holder for on–premises violations of this article or provisions of the Tax – General Article that relate to the alcoholic beverage tax;
(5)    on–premises possession by a retail dealer of an alcoholic beverage on which the tax imposed by § 5–102 of the Tax – General Article has not been paid;
(6)    violation of § 2–216 or § 2–315 of this article;
(7)    willful failure of a license holder to:
(i)    keep the records required under this article or under provisions of the Tax – General Article that relate to the alcoholic beverage tax; or
(ii)    allow inspection of the records by an authorized person;
(8)    on–premises possession of an alcoholic beverage that a license holder is not licensed to sell;
(9)    revocation or suspension of a permit issued to a license holder by the federal Alcohol and Tobacco Tax and Trade Bureau or for conviction of violating a federal law relating to alcoholic beverages;
(10)    failure to furnish bond as required by this article within 15 days after notice from the Comptroller; or
(11)    violation of § 4–605 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 6 - Revocation and Suspension of Local Licenses › Section 4-606 - Effects of Revocation

(a)    After revoking a license, a local licensing board:
(1)    may not issue another license to the person whose license is revoked;
(2)    may not issue any license for the same premises for 6 months after the revocation; and
(3)    may decide not to issue another license for the same premises.
(b)    If the license was held on behalf of a corporation, a partnership, or an unincorporated association, another license may not be obtained on behalf of the corporation, partnership, or unincorporated association to sell alcoholic beverages on the same premises for 6 months after the revocation.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 7 - Expiration of Local Licenses › Section 4-702 - Expiration of Licenses

(a)    A license expires on the death of the license holder, subject to Subtitle 8 of this title and Subtitle 23 of the various titles of Division II of this article.
(b)    Except as otherwise provided in this subtitle, a license issued by a local licensing board expires on the 10th day after a license holder has vacated or been evicted from the licensed premises.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 7 - Expiration of Local Licenses › Section 4-703 - Pending or Approved Transfers or Continuation of Business

Section 4–702 of this subtitle does not apply if an application is pending or has been approved for:
(1)    a transfer of a license to another location or another person, subject to Subtitle 3 of this title and Subtitle 17 of the various titles of Division II of this article; or
(2)    a certificate of permission or a renewal license for continuation of business, subject to § 4–803 of this title and Subtitle 23 of the various titles of Division II of this article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 7 - Expiration of Local Licenses › Section 4-704 - License for Premises Acquired for Public Use

A license issued by a local licensing board for a premises acquired for public use shall expire 180 days after acquisition unless an application is pending or has been approved for:
(1)    a transfer of the license to another location or another person, subject to Subtitle 3 of this title and Subtitle 17 of the various titles of Division II of this article; or
(2)    a certificate of permission, subject to § 4–803 of this title and Subtitle 23 of the various titles of Division II of this article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 7 - Expiration of Local Licenses › Section 4-705 - Postponement to Avoid Hardship

(a)    A local licensing board may postpone the expiration of a license that the local licensing board issues for an additional period to avoid hardship.
(b)    The additional period may not exceed 20 days.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 8 - Death of License Holder › Section 4-803 - Certificate of Permission or Renewal License for Continuation of Business

(a)    On application to the local licensing board and payment of a fee of $1 by the personal representative or special administrator of the estate of a deceased license holder to the local collecting agent, the local licensing board may grant a certificate of permission for the continuation of the business in the name of the personal representative or special administrator for the benefit of the estate of the deceased license holder.
(b)    (1)    The certificate of permission may be granted for a period not exceeding 18 months after the date of the granted permission unless the license expires earlier.
(2)    If the license expires earlier than 18 months after the date of the granted permission, the local licensing board may issue a renewal license on application by the personal representative or special administrator for a period not exceeding 18 months after the death of the license holder.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 8 - Death of License Holder › Section 4-804 - Transfer or Reinstatement of License

(a)    The personal representative or special administrator to whom a certificate of permission has been granted may apply to the local licensing board for the transfer of the license for the benefit of the estate of the license holder.
(b)    On approval of the application for transfer of the license and payment of the balance of any license fee due until the expiration of the license year, the license is reinstated.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 8 - Death of License Holder › Section 4-805 - Rights of Protest, Revocation, Suspension, and Restriction

(a)    On payment of a pro rata license fee for the period of continuation, a certificate of permission and a renewal license are subject to the right of protest, revocation, suspension, and restriction.
(b)    During the period of continuation, the renewal license and the personal representative or special administrator of the estate of the deceased license holder are subject to this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 8 - Death of License Holder › Section 4-806 - Refund

The personal representative or special administrator of the deceased license holder may apply for and obtain any refund to which the deceased license holder would have been entitled if the license had been surrendered for cancellation on the date of the license holder’s death if:
(1)    the business of a license holder is not continued under § 4–803 of this subtitle; and
(2)    the license is not transferred under § 4–804 of this subtitle.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 9 - Judicial Review › Section 4-902 - Judicial Review of Decision of Local Licensing Board

The following decisions of a local licensing board are subject to judicial review as provided in this subtitle:
(1)    a limitation, restriction, or prohibition imposed on an aggrieved applicant for a license or aggrieved license holder; or
(2)    an approval, a suspension, a revocation, or a restriction, or a refusal to approve, suspend, revoke, or restrict, a license or a license holder.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 9 - Judicial Review › Section 4-903 - Petitioners

(a)    The following persons may petition for judicial review of a decision of a local licensing board to the circuit court of the county where the local licensing board sits on payment of all costs incident to the hearing before the local licensing board:
(1)    a holder of a license issued by the local licensing board;
(2)    any applicant for a license; and
(3)    a group of not fewer than 10 persons who are residents or real estate owners in the precinct or voting district where the licensed place of business is located or proposed to be located.
(b)    To seek judicial review of a decision of a local licensing board under subsection (a) of this section, a license holder, an applicant for a license, or a group shall have:
(1)    been aggrieved by the decision of the local licensing board; and
(2)    appeared at the hearing of the local licensing board in person, by representation, or by submitting a written document that was introduced at the hearing.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 9 - Judicial Review › Section 4-905 - Scope of Judicial Review

(a)    On the hearing of a petition under this subtitle, the court shall presume that the action of the local licensing board was proper and best served the public interest.
(b)    A petitioner has the burden of proof to show that the decision of the local licensing board being reviewed was:
(1)    against the public interest; and
(2)    (i)    not honestly and fairly arrived at;
(ii)    arbitrary;
(iii)    procured by fraud;
(iv)    unsupported by substantial evidence;
(v)    unreasonable;
(vi)    beyond the powers of the board; or
(vii)    illegal.
(c)    A review of a decision of a local licensing board under this subtitle shall be heard by the court without a jury.
(d)    The court may hear additional testimony to the extent and in the manner that is necessary if, in the opinion of the court:
(1)    it is impracticable to determine the question presented to the court without the hearing of additional evidence;
(2)    a qualified litigant has been deprived of the opportunity to offer evidence; or
(3)    the interests of justice require that further evidence should be taken.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 9 - Judicial Review › Section 4-907 - Affirmations, Modifications, and Reversals

(a)    (1)    The court may affirm, modify, or reverse a decision of the local licensing board.
(2)    If the court reverses a decision, the court shall file with the record a written statement of the reasons for the reversal.
(b)    Costs for a judicial review under this subtitle shall be awarded as in other civil cases.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 9 - Judicial Review › Section 4-908 - Appeals to Supreme Court of Maryland and Appellate Court of Maryland

(a)    Notwithstanding any other provision of law, a party of record to a review of a decision of a local licensing board to the circuit court may appeal the decision of the court:
(1)    to the Court of Special Appeals; or
(2)    by certiorari, to the Court of Appeals.
(b)    The Court of Special Appeals or the Court of Appeals may not stay a decision by a local licensing board to impose sanctions on a license holder if:
(1)    an appeal of the decision of the circuit court is made under this subtitle; and
(2)    the decision of the circuit court affirmed the decision of the board.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 10 - Licenses for Specific Types of Organizations and Venues › Section 4-1001 - Conference Center License

(a)    There is a Class B–BWL (H–C) license.
(b)    A local licensing board may issue the license to the management company of the conference center facility if the facility:
(1)    is jointly owned, operated, or financed by the Maryland Stadium Authority and the political subdivision or an instrumentality of that political subdivision that is physically connected to a hotel; and
(2)    provides food and beverage service to registered guests at the hotel.
(c)    The license authorizes the license holder to sell beer, wine, and liquor for consumption on the premises of the facility and the adjacent hotel, including the rooms of registered guests.
(d)    The license is exempt from restrictions against holding multiple licenses or having financial interests in multiple licenses.
(e)    In a jurisdiction with a food–to–alcoholic beverages ratio requirement for a Class B (on–sale) hotel and restaurant license, the laws and regulations concerning the ratio requirement apply to the Class B–BWL (H–C) license.
(f)    The annual license fee is $2,500.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 11 - Additional License Privileges › Section 4-1102 - Corkage -- Consuming Wine Not Purchased From License Holder on Licensed Premises

(a)    (1)    An individual in a restaurant, club, or hotel for which a Class B or Class C license allowing the sale of wine is issued may consume wine not purchased from or provided by the license holder only if:
(i)    the wine is consumed with a meal during the hours of sale specified by the license;
(ii)    the individual obtains the approval of the license holder;
(iii)    the wine is not available for sale on the license holder’s wine list; and
(iv)    the license holder obtains a permit from the local licensing board before allowing an individual the privilege of consuming wine not purchased from or provided by the license holder.
(2)    A license holder may not allow an individual who is under the age of 21 years or who is visibly under the influence of an alcoholic beverage the privilege of consuming the wine.
(b)    (1)    A local licensing board shall issue a permit at no charge to each license holder who seeks to allow an individual to consume wine under the conditions set out in subsection (a)(1) of this section.
(2)    A license holder that obtains the permit may determine and charge the individual a fee for the privilege, on which a sales tax applicable to alcoholic beverages shall be imposed.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the license holder shall dispose of the wine that remains after the meal is finished.
(2)    An individual may remove from the licensed premises a bottle of wine, the contents of which are partially consumed with the meal, if the license holder or an employee of the license holder inserts a cork in or places a cap on the bottle.
(3)    A bottle of wine that is removed from the licensed premises under paragraph (2) of this subsection is an “open container” for purposes of § 10–125 of the Criminal Law Article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 11 - Additional License Privileges › Section 4-1103 - Removal of Partially Consumed Bottle of Wine From Licensed Premises

(a)    An individual who, at a licensed premises, purchases a meal and a bottle of wine, the contents of which are partially consumed with the meal, may remove the bottle and its contents from the licensed premises if the license holder or an employee of the license holder inserts a cork in or places a cap on the bottle.
(b)    A bottle of wine that is removed from the licensed premises under subsection (a) of this section is an “open container” for purposes of § 10–125 of the Criminal Law Article.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 11 - Additional License Privileges › Section 4-1104 - Refillable Container Permit -- Draft Beer

(a)    There is a refillable container permit.
(b)    A refillable container permit authorizes the permit holder to:
(1)    sell draft beer for off–premises consumption in a refillable container that meets the standards set out in subsection (d) of this section; and
(2)    sell and refill a refillable container that meets the standards set out in subsection (d) of this section.
(c)    (1)    The term of a refillable container permit is the same as that of the underlying license.
(2)    The hours of sale for a refillable container permit are the same as those for the underlying license.
(3)    An applicant who holds an underlying license without an off–sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.
(d)    (1)    To be used as a refillable container for beer under the authority of a refillable container permit, a container shall:
(i)    have a capacity of not less than 32 ounces and not more than 128 ounces;
(ii)    be sealable;
(iii)    be branded with an identifying mark of the seller of the container;
(iv)    bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;
(v)    display instructions for cleaning the container; and
(vi)    bear a label stating that:
1.    cleaning the container is the responsibility of the consumer; and
2.    the contents of the container are perishable and should be refrigerated immediately and consumed within 48 hours after purchase.
(2)    The Comptroller may adopt standards regarding containers that qualify for use as refillable containers for beer, including containers originating from outside the State.
(3)    The holder of a refillable container permit may refill a refillable container originating from inside or outside the State that meets the standards adopted by the Comptroller under paragraph (2) of this subsection.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 11 - Additional License Privileges › Section 4-1105 - Refillable Container Permit -- Wine

(a)    There is a refillable container permit.
(b)    A refillable container permit authorizes the permit holder to:
(1)    sell wine for off–premises consumption in a refillable container that meets the standards set out in subsection (d) of this section; and
(2)    sell and refill a refillable container that meets the standards set out in subsection (d) of this section.
(c)    (1)    The term of a refillable container permit is the same as that of the underlying license.
(2)    The hours of sale for a refillable container permit are the same as those for the underlying license.
(3)    An applicant who holds an underlying license without an off–sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.
(d)    (1)    To be used as a refillable container for wine under the authority of a refillable container permit, a container shall:
(i)    have a capacity of not less than 17 ounces and not more than 34 ounces;
(ii)    be sealable;
(iii)    be branded with an identifying mark of the seller of the container;
(iv)    bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. 16.21;
(v)    display instructions for cleaning the container; and
(vi)    bear a label stating that cleaning the container is the responsibility of the consumer.
(2)    The Comptroller may adopt standards regarding containers that qualify for use as refillable containers for wine, including containers originating from outside the State.
(3)    The holder of a refillable container permit may refill a refillable container originating from inside or outside the State that meets the standards adopted by the Comptroller under paragraph (2) of this subsection.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 11 - Additional License Privileges › Section 4-1106 - Nonrefillable Container Permit -- Draft Beer

(a)    There is a nonrefillable container permit.
(b)    A nonrefillable container permit authorizes the permit holder to sell draft beer for off–premises consumption by packaging the beer in a nonrefillable container that meets the standards set out in subsection (d) of this section.
(c)    (1)    The term of a nonrefillable container permit is the same as that of the underlying license.
(2)    The hours of sale for a nonrefillable container permit are the same as those for the underlying license.
(3)    An applicant who holds an underlying license without an off–sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.
(d)    To be used as a nonrefillable container for draft beer under the authority of a nonrefillable container permit, a container shall:
(1)    be constructed out of aluminum;
(2)    be sealable;
(3)    have a capacity of 32 ounces;
(4)    be branded with the identifying marks of the seller of the container; and
(5)    bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. § 16.21.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1202 - Per Diem Licenses

(a)    A local licensing board may issue a per diem license for the periods and at the fees specified in this subtitle or by the local licensing board.
(b)    An application for a per diem license shall be:
(1)    on the form that the Comptroller requires; and
(2)    signed and sworn to by the applicant.
(c)    A per diem license may be issued only if the issuance of a regular license of the same class is authorized.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1203 - Class C per Diem Beer and Class C per Diem Beer and Wine Licenses

(a)    A Class C per diem beer license or a Class C per diem beer and wine license entitles the license holder to exercise any of the privileges conferred by the respective class of license:
(1)    for the use of a person holding an entertainment event that is conducted by a club;
(2)    at the place described in the license; and
(3)    for a period not exceeding 7 consecutive days.
(b)    (1)    A holder of a wholesaler’s license may enter into an agreement with the holder of a 1–day Class C per diem beer license or a 1–day Class C per diem beer and wine license to:
(i)    deliver beer or wine allowed under the license starting 2 days before the effective date of the license; and
(ii)    accept returns not more than 2 days after the expiration date of the license.
(2)    Delivery of beer or wine ordered in accordance with an agreement made under paragraph (1) of this subsection may be made only if the holder of the 1–day per diem license possesses the license at the time of delivery.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1204 - Class C per Diem Beer, Wine, and Liquor License

(a)    A Class C per diem beer, wine, and liquor license entitles the license holder to exercise any of the privileges conferred by this class of license:
(1)    for the use of a person holding an entertainment event that is conducted by a club;
(2)    at the place described in the license; and
(3)    for a period not exceeding 7 consecutive days.
(b)    Alcoholic beverages sold under a Class C per diem beer, wine, and liquor license shall be purchased by the license holder from a retail dealer.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1205 - Fees

(a)    The fee for a Class C per diem beer license and a Class C per diem beer and wine license is $5 per day.
(b)    The fee for a Class C per diem beer, wine, and liquor license is $15 per day.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1206 - License to Dispose of Stock

(a)    A local licensing board may issue a license to dispose of stock for a period not exceeding 10 consecutive days.
(b)    (1)    A license holder may dispose of the license holder’s stock of alcoholic beverages if:
(i)    the license has been canceled, revoked, or suspended;
(ii)    renewal has been denied by the local licensing board; or
(iii)    a renewal license has been granted by the local licensing board and a court on judicial review has reversed the local licensing board’s decision.
(2)    A license holder that disposes of stock may sell the stock at retail or to a licensed wholesaler.
(3)    A license does not authorize the license holder to purchase alcoholic beverages for resale.
(c)    The fee for a license under this section is $5 per day.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1207 - Temporary Move of Licensed Premises

(a)    When a licensed premises must be moved due to fire or other catastrophe, the local licensing board may issue a license to a holder to move the licensed premises from one location to another while the premises is being restored for:
(1)    a period that the local licensing board determines; but
(2)    not more than 6 months.
(b)    The local licensing board:
(1)    may approve the new location to which the license holder has temporarily moved; but
(2)    may not charge a fee for the approval.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 4 - Local Licensing › Subtitle 12 - Temporary Licenses › Section 4-1209 - Wine Permit for Fund-Raising Event

(a)    A nonprofit organization may receive a wine permit for a fund–raising event by applying to the local licensing board for the jurisdiction in which the event is to be held.
(b)    A permit authorizes the holder to:
(1)    hold a fund–raising event on the federally bonded premises of a winery, provided the winery is operated under a Class 3 winery license or Class 4 limited winery license and holds a Class A light wine license; and
(2)    purchase wine in sealed containers from the winery and sell the wine at the event in open containers at retail for consumption on the permit premises.
(c)    The winery hosting the event shall cosign the permit.
(d)    A winery may not host more than six events under this section per calendar year.
(e)    The permit fee is $15.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Beer distributor” means a person that imports or causes to be imported into the State, or purchases or causes to be purchased in the State, beer for sale or resale to a retail dealer licensed under this article without regard to whether the business of the person is conducted under a beer franchise agreement or another form of agreement with a beer manufacturer.
(c)    “Beer franchise agreement” means:
(1)    a commercial relationship between a beer distributor and beer manufacturer that:
(i)    is of a definite or indefinite duration; and
(ii)    is not required to be in writing;
(2)    a relationship in which a beer manufacturer grants a beer distributor the right to offer and sell the brands of beer offered by the beer manufacturer;
(3)    a relationship in which a beer distributor, as an independent business, constitutes a component of a beer manufacturer’s distribution system;
(4)    a relationship in which a beer distributor’s business is substantially associated with a beer manufacturer’s brand, advertising, or another commercial symbol that designates the beer manufacturer;
(5)    a relationship in which a beer distributor’s business relies substantially on a beer manufacturer for the continued supply of beer; or
(6)    a written or oral arrangement of definite or indefinite duration in which:
(i)    a beer manufacturer grants to a beer distributor the right to use a trade name, trademark, service mark, or related characteristic; and
(ii)    there is a community of interest in the marketing of goods or services at wholesale or retail, by lease, or by another method.
(d)    “Beer manufacturer” means:
(1)    a brewer, fermenter, processor, bottler, or packager of beer located in or outside the State; or
(2)    a person located in or outside the State that enters into a beer franchise agreement with a beer distributor doing business in the State.
(e)    “Fair market value” means the price at which an asset would change hands between a willing seller and a willing buyer when:
(1)    neither is acting under any compulsion; and
(2)    both have knowledge of all of the relevant facts.
(f)    “Franchisee” means:
(1)    a beer distributor to whom a beer franchise agreement is granted or offered; or
(2)    a beer distributor that is a party to a beer franchise agreement.
(g)    “Franchisor” means a beer manufacturer that:
(1)    enters into a beer franchise agreement with a beer distributor; or
(2)    is a party to a beer franchise agreement.
(h)    “Sales territory” means the area of sales responsibility designated by a beer franchise agreement for the brand or brands of beer of a beer manufacturer.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-102 - Scope of Subtitle

This subtitle applies to corporations, partnerships, trusts, agencies, and other entities and to persons who are officers, directors, and other individuals in active control of the activities of a corporation, a partnership, a trust, an agency, or any other entity.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-103 - Legislative Policy

(a)    It is the policy of the State that:
(1)    it is necessary to regulate and control beer franchise agreements and relationships between beer manufacturers and beer distributors:
(i)    to foster and promote temperance in the consumption of beer; and
(ii)    to promote respect for and obedience to the laws that control the distribution and sale of beer; and
(2)    temperance and obedience to the laws that control the distribution and ultimate sale of beer is promoted by legislation that encourages beer distributors to make investments in their facilities to serve retail license holders by protecting them against the termination of beer distributorships, or other acts described in this subtitle, without good cause for the termination or other acts.
(b)    It is necessary to accomplish this policy to eliminate the undue stimulation of sales of beer in the State by beer manufacturers that induce or coerce, or attempt to induce or coerce, beer distributors to act detrimentally to the orderly and lawful distribution of beer by:
(1)    threatened or actual termination of the beer manufacturer and beer distributor relationship, directly or indirectly;
(2)    the establishment of dual beer distributors of a brand or brands of beer in a sales territory presently served by a beer distributor; or
(3)    the sale of the same brand or brands of beer in one sales territory by more than one franchisee.
(c)    The General Assembly further recognizes the distinction between the nature of the distribution of beer and other alcoholic beverages in that distributors of alcoholic beverages other than beer are franchised by manufacturers to distribute many brands of various kinds of alcoholic beverages and are not as vulnerable to the economic pressures of the manufacturers as are beer distributors, which traditionally handle mainly one, two, or three brands of beer in their distributorships.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-104 - Prohibited Inducements by Beer Manufacturer; Failure to Deliver Beer

A beer manufacturer may not:
(1)    induce or coerce, or attempt to induce or coerce, a beer distributor to accept delivery of an alcoholic beverage, any form of advertisement, or another commodity that the beer distributor did not order;
(2)    induce or coerce, or attempt to induce or coerce, a beer distributor to do an illegal act or thing, or to do an act unfair to the beer distributor, by threatening to cancel, terminate, or refuse to renew a beer franchise agreement that exists between the beer manufacturer, or its representative, and the beer distributor; or
(3)    fail or refuse to deliver to a beer distributor with a beer franchise agreement any beer that the beer manufacturer or its agents advertised publicly for immediate sale promptly after the beer manufacturer received an order from the beer distributor.
2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division I - General Provisions Affecting Multiple Jurisdictions › Title 5 - General Beer Regulation › Subtitle 1 - Beer Franchise Fair Dealing Act › Section 5-105 - Multiple Franchisees in Same Territory Prohibited

If a franchisor designates a sales territory for which a franchisee is primarily responsible or in which a franchisee is required to concentrate its efforts, the franchisor may not enter into a beer franchise agreement with another beer distributor to establish an additional franchisee for its brand or brands of beer in that sales territory.