2023 Maryland Statutes › Alcoholic Beverages and Cannabis › Division II - Provisions Affecting Individual Jurisdictions › Title 12 - Baltimore City › Subtitle 16 - Licensing Conditions; Multiple Licensing Plans › Part I - Licensing Conditions › Section 12-1603 - New Licenses Prohibited in the 40th, 41st, 43rd, 44th, and 45th Alcoholic Beverages Districts

(a)    The alcoholic beverages districts described in this section at all times are coterminous with the legislative districts in the Legislative Districting Plan of 2012.
(b)    Except as provided in subsection (c) of this section, the Board may not issue a new license in:
(1)    the 40th alcoholic beverages district;
(2)    the 41st alcoholic beverages district;
(3)    the 43rd alcoholic beverages district;
(4)    the 44th alcoholic beverages district; and
(5)    the 45th alcoholic beverages district.
(c)    The Board may issue:
(1)    in the alcoholic beverages districts specified in subsection (b) of this section:
(i)    a 1–day license; or
(ii)    a Class B beer, wine, and liquor license to a restaurant that:
1.    has a minimum capital investment, not including the cost of land and buildings, of $200,000 for restaurant facilities; and
2.    has a minimum seating capacity of 75 individuals;
(2)    a Class C beer, wine, and liquor license in the 45th alcoholic beverages district;
(3)    a Class C beer, wine, and liquor license in ward 5, precinct 1 of the 44th alcoholic beverages district;
(4)    a Class C beer, wine, and liquor license in the 200 block of West Saratoga Street in ward 4, precinct 3 of the 40th alcoholic beverages district;
(5)    If the applicant executes a memorandum of understanding with the Charles North Community Association, a Class C beer, wine, and liquor license to a club in the area bounded by North Charles Street on the west, East Lafayette Avenue on the north, North Lovegrove Street on the east, and East Lanvale Street on the south in the 45th alcoholic beverages district;
(6)    a Class B–D–7 license in the unit block of West North Avenue in the 45th alcoholic beverages district;
(7)    two Class B–D–7 licenses in the 2100 block of North Charles Street in the 43rd alcoholic beverages district;
(8)    two Class B–D–7 licenses in the 2100 block of Maryland Avenue in the 43rd alcoholic beverages district;
(9)    subject to the requirements under subsection (e) of this section, four Class B–D–7 licenses in the 43rd alcoholic beverages district;
(10)    a Class B–D–7 license in the 5400 block of Harford Road in the 45th alcoholic beverages district if:
(i)    average daily receipts from the sale of food are at least 65% of the applicant’s total daily receipts;
(ii)    the applicant executes a memorandum of understanding with a community association;
(iii)    the applicant does not create a separate package goods department;
(iv)    alcoholic beverages are served to patrons seated at tables; and
(v)    alcoholic beverages are served only with meals to patrons provided with outdoor table service;
(11)    a Class B–D–7 license in the 4800 block of Harford Road in the 45th alcoholic beverages district if:
(i)    average daily receipts from the sale of food are at least 65% of the applicant’s total daily receipts;
(ii)    the applicant executes a memorandum of understanding with a community association;
(iii)    the applicant does not create a separate package goods department;
(iv)    alcoholic beverages are served to patrons seated at tables; and
(v)    alcoholic beverages are served only with meals to patrons provided with outdoor table service;
(12)    a Class B–D–7 license on the eastern side of the 400 block of North Howard Street in the 40th alcoholic beverages district if:
(i)    the applicant does not convert the license to a different license class;
(ii)    alcoholic beverages are served outdoors only to patrons seated at tables or standing in a courtyard area;
(iii)    the applicant does not allow the off–premises sale of alcoholic beverages;
(iv)    alcoholic beverages sales begin no earlier than 10 a.m.; and
(v)    the applicant executes memorandums of understanding with the Downtown Partnership of Baltimore and the Market Center Merchants Association;
(13)    if the applicant executes a memorandum of understanding with the Bolton Hill Community Association, a Class C beer, wine, and liquor license in the 1200 block of Eutaw Place in the 40th alcoholic beverages district;
(14)    a Class B–D–7 license in the 700 block of Washington Boulevard in the 40th alcoholic beverages district if:
(i)    average daily receipts from the sale of food are at least 65% of the applicant’s total daily receipts;
(ii)    the applicant executes a memorandum of understanding with a community association;
(iii)    the applicant does not create a separate package goods department;
(iv)    alcoholic beverages are served to patrons seated at tables; and
(v)    alcoholic beverages are served only with meals to patrons provided with outdoor table service; and
(15)    a Class B–D–7 license in the 300 block of North Charles Street in the 40th alcoholic beverages district to an establishment that has a minimum capital investment, not including the cost of land and buildings, of $50,000 for the establishment’s facilities.
(d)    One Class B–D–7 license issued for a property surrounded by Morton Street on the west, West Eager Street on the north, North Charles Street on the east, and West Read Street on the south may be transferred to a property surrounded by 21st Street on the north, Morton Street on the west, North Charles Street on the east, and 20th Street on the south.
(e)    (1)    In this subsection, “Old Goucher Revitalization District” means the area surrounded by Howard Street on the west, 25th Street on the north, Hargrove Street on the east, and 21st Street on the south.
(2)    If an establishment has a minimum capital investment, not including land and acquisition costs, of $50,000, the Board may issue one Class B–D–7 license for use in each of the following properties in the Old Goucher Revitalization District:
(i)    a property that is surrounded by Maryland Avenue on the west, 24th Street on the north, Morton Street on the east, and 22nd Street on the south;
(ii)    a property that is surrounded by Morton Street on the west, 23rd Street on the north, Lovegrove Street on the east, and 22nd Street on the south;
(iii)    a property that is surrounded by Morton Street on the west, Ware Street on the north, Charles Street on the east, and 24th Street on the south; and
(iv)    a property that is surrounded by Maryland Avenue on the west, 24th Street on the north, Morton Street on the east, and 23rd Street on the south.
(3)    A Class B–D–7 license that may be issued under subsection (c)(6) or (7) of this section may be transferred within the Old Goucher Revitalization District.