(a) With the approval of the County Executive, the Director may establish a dispensary at one or more locations that the Director determines.
Sale of inventory
(b)(1) The Services may sell its inventory through:
(i) dispensaries selling at wholesale and retail; and
(ii) subject to subsection (c) of this section, retail outlets operated by individuals with whom the Services contracts.
(2) Notwithstanding any other law, the Director may sell at wholesale or retail alcoholic beverages in whole cases or in individual bottles through dispensaries to a license holder in the county.
(3) The Services may not sell alcoholic beverages at different prices to different license holders or classes of license holders.
Operation of dispensary or outlet by contractor
(c)(1) The Director may not contract with a person to operate:
(i) a dispensary; or
(ii) except as provided in paragraph (2) of this subsection, a retail outlet for the sale of beer, wine, and liquor.
(2) The Director may enter into a contract with a person to operate a retail outlet for the sale of liquor for off-premises consumption if the person holds any license for off-premises consumption or for on- and off-premises consumption.
(3) The Services shall establish criteria for contracting with retail outlets.
Authorized sale items
(d)(1)(i) In this subsection the following words have the meanings indicated.
(ii) “Beer” includes draft beer in refillable and nonrefillable containers.
(iii) “Wine” includes wine in refillable containers.
(2) A dispensary:
(i) may sell only:
1. except as provided for in subsection (e) of this section, for off-premises consumption, nonchilled beer, wine, and liquor;
2. ice;
3. bottled water; and
4. items commonly associated with the serving or consumption of alcoholic beverages, including bottle openers, corkscrews, drink mixes, and lime juice; and
(ii) may not sell snack foods or soft drinks.
Beer, wine, and liquor tastings; chilled beer and wine
(e)(1) A dispensary may sell any product in the dispensary's inventory for the purpose of:
(i) holding tastings of beer, wine, and liquor on the premises of the dispensary only;
(ii) serving, for tasting, beer, wine, and liquor; and
(iii) allowing the consumption of beer, wine, and liquor by an individual for tasting in a quantity of not more than:
1. one-half ounce from each offering of liquor;
2. 1.5 ounces from all offerings of liquor in a day;
3. 1 ounce from each offering of wine;
4. 4 ounces from all offerings of wine in a day;
5. 3 ounces from each offering of beer; and
6. 12 ounces from all offerings of beer in a day.
(2) Once opened, a bottle used for beer, wine, or liquor tasting shall be marked that it is to be used for that purpose only.
(3) A dispensary may sell chilled beer or chilled wine for off-premises consumption only from a keg for the purpose of filling:
(i) for beer, a refillable container or a nonrefillable container; and
(ii) for wine, a refillable container.
Hours and days of sale
(f) The Services may sell or deliver alcoholic beverages to a retail license holder from 6 a.m. to midnight on every day except Sunday.
Enforcement for unlawful sales to individuals under the age of 21 years
(g) A manager of a dispensary, an individual who contracts to operate a retail outlet as authorized under subsection (c) of this section, or an employee of a dispensary or retail outlet who commits a prohibited act related to the sale or providing of alcoholic beverages to individuals under the age of 21 years under this article or the Criminal Law Article is subject to:
(1) any penalty authorized by law, including a civil citation issued under § 10-119 of the Criminal Law Article; and
(2) a fine and suspension or revocation of employment by the Board in the same manner as a license holder or employee of a license holder would be subject to a fine and suspension or revocation of the license for the violation.
Issuance or denial of license provisions not applicable
(h) Title 4, Subtitle 2 of this article does not apply to this section.
Credits
Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2017, c. 127, § 1, eff. April 11, 2017; Acts 2017, c. 442, § 1, eff. July 1, 2017; Acts 2018, c. 11, § 1, eff. April 5, 2018; Acts 2018, c. 125, § 1, eff. July 1, 2018; Acts 2019, c. 624, § 1, eff. July 1, 2019; Acts 2019, c. 673, § 1, eff. July 1, 2019.
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.
