(a) A license expires 1 year after the license holder has closed the business or stopped active alcoholic beverages business operations at the premises for which the license is held unless:
(1) an application for approval of a transfer to another location or another person under Subtitle 17 of this title has been approved or is pending;
(2) an application for a certificate of permission or a renewal license for continuation of business under Subtitle 23 of this title has been approved or is pending; or
(3) a written request for a hardship extension under subsection (b) of this section is filed within the 1-year period.
Application for hardship extension
(b) Except as provided in subsection (d) of this section:
(1) the license holder or another appropriate interested party may make a written request to the Board to extend the life of the license due to hardship;
(2) submission of a request under item (1) of this subsection shall automatically extend the life of the license for 2 years after the date of the closing or stopping of business operations; and
(3) a hardship extension may not prolong the life of an inactive license beyond the total of:
(i) 2 years after the date of closing or stopping of alcoholic beverages business operations at the premises for which the license is held; and
(ii) any time period during which the license is suspended under subsection (a)(1) or (2) of this section.
Start and restart of unexpired period
(c)(1) The period for which a license may be considered unexpired:
(i) begins at the earlier of the closing of the business or stopping of alcoholic beverages business operations; and
(ii) may be suspended only by filing an application or request under subsection (a) of this section.
(2) The expiration period resumes on the last to occur of the following events:
(i) final action of the Board denying an application described in subsection (a)(1) or (2) of this section;
(ii) final judgment of the reviewing court if judicial review of the Board's action on an application or request authorized by subsection (a)(1) or (2) of this section has affirmed the Board's action; or
(iii) dismissal of a petition for judicial review of the Board's action.
(3) If an application or request described in subsection (a) or (b) of this section is withdrawn:
(i) the period for automatic expiration of the license may not be suspended on the basis of the withdrawn application or request; and
(ii) the application or request shall be considered as if it had not been filed.
Closure because of casualty loss
(d) If a licensed premises is forced to close because of a casualty loss, the Board, without circuit court approval, may extend the license for not more than 3 years after the closing.
Credits
Added by Acts 2016, c. 41, § 2, eff. July 1, 2016. Amended by Acts 2018, c. 764, § 1, eff. July 1, 2018.
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.
