§ 31-902. Class B beer, wine, and liquor (on-sale) restaurant license

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 31. Washington County (Refs & Annos)
Subtitle 9. Beer, Wine, and Liquor Licenses (Refs & Annos)
Effective: July 1, 2016
MD Code, Alcoholic Beverages, § 31-902
Formerly cited as MD CODE, Art. 2B, § 6-201; MD CODE, Art. 2B, § 8-222.1
§ 31-902. Class B beer, wine, and liquor (on-sale) restaurant license
Currentness
Established
(a) There is a Class B beer, wine, and liquor (on-sale) restaurant license.
Authorized holder
(b) The Board may issue the license for use by a restaurant that:
(1) is located in a permanent building with ample space and accommodations;
(2) commonly offers hot and cold meals that are prepared, sold, and served to the public during regular business hours;
(3) excluding seats at bars or counters, has a dining area with regular seating capacity at tables, chairs, and booths, that can accommodate at least 50 customers;
(4) has sufficient kitchen and dining facilities for regularly preparing and serving meals to the public;
(5) maintains a menu that advertises a variety of food that the establishment serves;
(6) serves food at all times whenever alcoholic beverages are being served or consumed; and
(7) has, on an annual basis, gross sales of food and nonalcoholic beverages that exceed its gross sales of alcoholic beverages.
Scope of authorization
(c) The license:
(1) authorizes the license holder to sell beer, wine, and liquor for on-premises consumption; and
(2) is not subject to the population ratio quota requirements under § 31-1601 of this title.
Term of license
(d) The term of the license is 1 year and begins on May 1.
Food Alcohol Ratio Report to be submitted
(e)(1)(i) Once every licensing cycle, the license holder shall comply with a request from the Board to submit a Food Alcohol Ratio Report covering 2 preceding quarters that the Board selects to demonstrate compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.
(ii) To enforce this paragraph, the Board may:
1. request that a license holder provide supporting data or additional information;
2. fine a license holder; or
3. suspend a license.
(2) The applicant or the applicant's accountant shall complete, sign, and provide for the notarization of the Food Alcohol Ratio Report.
(3) When submitting a Food Alcohol Ratio Report, the applicant shall include a current menu and information on hours of operation and sales amounts and percentages for the specified quarters for food, nonalcoholic beverages, and alcoholic beverages.
Prerequisite for renewal of license
(f) As a prerequisite for the renewal of the license, the applicant shall have demonstrated compliance with the annual gross sales requirement under subsection (b)(1)(vii) of this section.
Hours and days of sale
(g) 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 (on-sale only) license under § 31-2004(c) of this title.
Fees
(h)(1) The annual license fee is $750.
(2) The fee for a Sunday permit is $250.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2016, c. 8, § 5.
MD Code, Alcoholic Beverages, § 31-902, MD AL BEV § 31-902
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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