§ 26-1702. Transfer requirements

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2016

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 26. Prince George's County (Refs & Annos)
Subtitle 17. Transfer of Licenses; Substitution of Names on License (Refs & Annos)
Effective: July 1, 2016
MD Code, Alcoholic Beverages, § 26-1702
Formerly cited as MD CODE, Art. 2B, § 10-501; MD CODE, Art. 2B, § 10-503
§ 26-1702. Transfer requirements
Two-year moratorium
(a) The Board may not approve the transfer of a license from one location to another:
(1) except as provided in subsection (b) of this section, for at least 2 years after the issuance of a new license; and
(2) unless the Board determines that:
(i) the transfer to the new location is necessary to accommodate the public; and
(ii) the transferee has complied with the residency requirements specified in § 26-1406(c) of this title.
Transfer made by receiver or trustee
(b) Subject to the approval of the Board, a receiver or trustee may transfer ownership and location of a license for the benefit of creditors of a license holder within 6 months after:
(1) appointment as the receiver or trustee; or
(2) the death of the license holder.
Limits on timing of transfer
(c)(1) The Board may approve a transfer of location or ownership within 2 years after a transfer of location has been authorized.
(2) This paragraph does not prohibit a transfer of ownership for continuance of a business in the same location, unless there has been a transfer of location for the license within 2 years.
Security agreement
(d) A transfer of a license in accordance with a security agreement is subject to approval by the Board like any other license transfer, except that the written consent and cooperation of the existing license holder is not required.
Hearing notice to municipalities and associations
(e)(1) In addition to any other notice required under this article, the Board shall provide notice of the time, date, and location of a hearing, as soon as practicable after a hearing for a license transfer is scheduled, to all municipalities, civic associations, homeowners' associations, and condominium associations that:
(i) are within 1 mile of the location of the proposed place of business of the applicant; and
(ii) request to receive notice of hearings by signing up on a registry on the Board's Web site.
(2) A municipality, civic association, homeowners' association, or condominium association that requests to receive notice of hearings under paragraph (1)(ii) of this subsection may elect to receive written or electronic notice.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2016, c. 730, § 1, eff. July 1, 2016.
MD Code, Alcoholic Beverages, § 26-1702, MD AL BEV § 26-1702
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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