§ 20-904. Class B beer, wine, and liquor hotel or restaurant license

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2021

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 20. Frederick County (Refs & Annos)
Subtitle 9. Beer, Wine, and Liquor Licenses (Refs & Annos)
Effective: July 1, 2021
MD Code, Alcoholic Beverages, § 20-904
Formerly cited as MD CODE, Art. 2B, § 6-201
§ 20-904. Class B beer, wine, and liquor hotel or restaurant license
Established
(a) There is a Class B beer, wine, and liquor hotel or restaurant license.
Authorized holder --For hotels
(b) The Board may issue the license for use by a hotel that:
(1) is an establishment for the accommodation of the public providing service ordinarily found in hotels;
(2) contains:
(i) at least 25 rooms;
(ii) a lobby with a registration and mail desk; and
(iii) seating facilities and a dining room that serves full-course meals at least twice daily and that has a regular seating at tables, not including seats at bars or counters, for 28 or more individuals; and
(3) is operated in a facility that:
(i) is valued for State and local assessment and taxation at not less than $20,000; and
(ii) has personal property valued for State and local assessment and taxation at not less than $3,000.
Authorized holder --For restaurants
(c)(1) Subject to paragraph (2) of this subsection, the Board may issue the license for use by a restaurant that:
(i) serves full-course meals at least twice daily;
(ii) has regular seating at tables, not including seats at bars or counters, for 28 or more individuals;
(iii) is operated in a facility valued for State and local assessment and taxation at not less than $40,000; and
(iv) has personal property valued for State and local assessment and taxation at not less than $5,000.
(2)(i) This subsection does not apply to or affect any license holder that had the license on December 31, 1993, or to a person who has a permit for a building that was under construction on that date.
(ii) The area normally used as a restaurant for the preparation and consumption of food and beverages shall occupy at least 80% of the square foot area of the licensed premises, except for premises used for recreation, such as a bowling alley or pool hall.
(3)(i) The license holder may remove tables and chairs to accommodate additional patrons at not more than four special events held in the restaurant in a calendar year.
(ii) A restaurant that removes its tables and chairs for a special event:
1. shall give notice to the Board at least 1 week before the event;
2. shall store the removed tables and chairs in an appropriate location in the restaurant and in a manner that does not block the exits of the restaurant; and
3. may not allow into the restaurant more than the maximum number of occupants that the County Fire Marshal allows.
Scope of authorization
(d)(1) The license issued for a hotel or restaurant:
(i) authorizes the sale of beer, wine, and liquor for on-premises consumption where meals are prepared and served; and
(ii) prohibits sales for consumption anywhere else, including at a bar or counter.
(2) The license issued for a restaurant authorizes the sale for off-premises consumption of beverages with an alcoholic content of not more than 22%.
Number of licenses limited to 10
(e) The Board may issue not more than 10 licenses to the same license holder.
Hours and days of sale
(f) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under § 20-2005(b) of this title.
Fee
(g) The annual license fee is:
(1) $1,500 for a restaurant; and
(2) $2,000 for a hotel.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2018, c. 91, § 1, eff. July 1, 2018; Acts 2018, c. 92, § 1, eff. July 1, 2018; Acts 2019, c. 629, § 1, eff. July 1, 2019; Acts 2019, c. 630, § 1, eff. July 1, 2019; Acts 2021, c. 559, § 1, eff. July, 1, 2021; Acts 2021, c. 560, § 1, eff. July 1, 2021.
MD Code, Alcoholic Beverages, § 20-904, MD AL BEV § 20-904
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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