2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 13 - Baltimore County › Subtitle 16 - Licensing Conditions; Multiple Licensing Plans › Part II - Multiple Licensing Plans › Section 13-1604 - Election District 15 Transfer and Licensing Plan

(a)    In this section, “eligible transferor district” means an election district in which the total number of Class B and Class D licenses, excluding exception licenses, is 10% or greater than the total number of Class B and Class D licenses that are allowed in an election district based on the rule of the Board that limits the total number of licenses available in an election district by population.
(b)    (1)    Subject to paragraphs (2) and (3) of this subsection, the Board may approve the transfer of a Class B or Class D license in existence in an eligible transferor district on June 1, 2022, to another election district if:
(i)    the approval occurs anytime from June 1, 2022, to May 31, 2025, both inclusive; and
(ii)    prior to the transfer, the number of licenses in existence in the election district to which the license is to be transferred is not greater than 25% more than the number of licenses that would otherwise exist in that election district, based on the rule of the Board that limits the total number of licenses available in an election district by population.
(2)    (i)    The Board may not authorize the transfer of more than five Class B or Class D licenses in existence on June 1, 2022, in total under this section.
(ii)    Not more than two licenses may be transferred under this subsection into any single election district.
(3)    (i)    When the Board receives an application to transfer a license under this section, the Board shall notify the county Department of Economic and Workforce Development.
(ii)    1.    This subparagraph applies when the license holder owns the property from which the license is to be transferred.
2.    The application to transfer a license shall include information on the status of the real property associated with the license to be transferred and any plans for disposition and future use of the property after the transfer of the license.
3.    Except as provided in subparagraph (iv) of this paragraph, the Board shall deny a transfer under this section if it determines, based on an assessment provided by the county Department of Economic and Workforce Development, that:
A.    the applicant has not demonstrated that there is an appropriate future use of the property from which the license is to be transferred after the transfer; or
B.    the transfer will result in significant negative economic impact to the community that surrounds the property from which the license is to be transferred.
(iii)    1.    This subparagraph applies when the license holder has no ownership in the property from which the license is to be transferred.
2.    The county Department of Economic and Workforce Development may submit a letter to the Board regarding the economic impact the transfer of the license will have on the community that surrounds the property from which the license is to be transferred.
3.    The Board may deny a transfer under this section based on the letter received in accordance with subsubparagraph 2 of this subparagraph, unless the Board finds that the applicant has undertaken a good faith effort to facilitate a future use of the property by advising the property owner of the intention to transfer the license to another location.
4.    The applicant may submit information to the Board in support of the transfer of the license.
(iv)    The Board may waive the requirement under subparagraph (ii)3 of this paragraph if, with the concurrence of the county Department of Economic and Workforce Development, the Board finds that the license holder has undertaken good faith efforts to facilitate a future use of the property and mitigate any negative economic impacts to the surrounding community.
(c)    (1)    A Class B Service Bar (SB) beer and wine license may be issued only in compliance with this subsection.
(2)    A Class B Service Bar (SB) license allows:
(i)    sales of beer and wine for on–premises consumption; and
(ii)    alcoholic beverages to be served to patrons only as part of a meal.
(3)    A Class B Service Bar (SB) license may be used only in the operation of a restaurant, as defined by the Board and this article, that:
(i)    has table service; and
(ii)    maintains average daily receipts from the sale of food of at least 60% of the total daily receipts of the establishment.
(4)    A Class B Service Bar (SB) license does not allow service to a customer who is standing or accepting delivery of purchased food or beverage items other than while seated at a table.
(5)    (i)    Except as provided in subparagraph (ii) of this paragraph, the proposed restaurant for which a Class B Service Bar (SB) license is sought shall comply with the zoning ordinances of the county, including allowing seating for not fewer than 30 customers and not more than 100 customers.
(ii)    The license may not be used in conjunction with the viewing of televised sporting events or the use of live bands, disc jockeys, karaoke, or any other form of live entertainment.
(6)    A Class B or D license transferred under subsection (a) of this section or a Class B Service Bar (SB) license issued under this subsection may not thereafter be transferred from the licensed premises or converted to another class of license.
(d)    The annual fee for a Class B Service Bar (SB) beer and wine license is $5,000.
(e)    (1)    When a license is transferred from an eligible transferor district to another election district under this section, the license does not continue to exist in the eligible transferor district from which it was transferred.
(2)    Subject to the 25% allowance authorized in subsection (a)(1)(ii) of this section, the Board shall consider a license transferred under this section to be a regular license and not an exception license for determining the total number of licenses available in an election district based on the rule of the Board.
(f)    (1)    The Board:
(i)    shall convert a Class D license that is transferred from an eligible transferor district to any other election district to a Class B license; and
(ii)    may not thereafter transfer the Class B license from the licensed premises or convert the license to another class of license.
(2)    The Board may not transfer from a licensed premises or convert a license to another class of license:
(i)    a new license issued by the Board based on an increase in population under the rule of the Board limiting the total number of licenses available by population; or
(ii)    a license that has been revoked and reissued by the Board.