§ 11-1609. Class H licenses

MD Alcoholic B Code § 11-1609 (2019) (N/A)
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(a)    (1)    Subject to paragraph (2) of this subsection, the Board may issue:

(i)    a second license, if the second license is any Class H license, to:

1.    a holder of any Class B license that has a restriction prohibiting sales for consumption off the premises; or

2.    a holder of any Class H license; or

(ii)    not more than four additional licenses, if each additional license is a Class H beer and light wine license, to:

1.    a holder of a Class B beer and light wine license that has a restriction prohibiting sales for consumption off the premises; or

2.    a holder of a Class H beer and light wine license.

(2)    At least one restaurant for which the Class H license under paragraph (1) of this subsection is sought or to which the original Class B or Class H license applies must be in:

(i)    a suburban community center designated by the county in accordance with Bill Nos. 36–96 and 70–96 of the county ordinances; or

(ii)    one of the following locations as the location existed on October 1, 1999:

1.    the Glen Burnie Urban Renewal Area;

2.    the Parole Town Center Growth Management Area;

3.    the Odenton Town Center Growth Management Area;

4.    the Baltimore–Washington International Thurgood Marshall Airport State Priority Funding Area, as designated by the county in accordance with § 6–301(f)(8) of the Economic Development Article;

5.    a shopping center with a gross area of at least 1,000,000 square feet that is zoned C3 General Commercial by the zoning article of the County Code; or

6.    the Route 198 corridor, consisting of properties located within 500 feet of the right–of–way of Maryland Route 198, from Maryland Route 32 on the east to the Prince George’s County–Anne Arundel County line on the west.

(b)    The Board may not issue more than 60 Class H licenses under this section.

(c)    (1)    Subject to paragraph (2) of this subsection, the Board may issue a maximum of:

(i)    two licenses to a person in the county if each license is a Class H beer, wine, and liquor license; or

(ii)    five licenses to a person in the county if each license is a Class H beer and light wine license.

(2)    At least one restaurant for which one of the Class H licenses under paragraph (1) of this subsection is sought must be in:

(i)    a suburban community center designated by the county in accordance with Bill Nos. 36–96 and 70–96 of the county ordinances; or

(ii)    one of the following locations as the location existed on October 1, 1999:

1.    the Glen Burnie Urban Renewal Area;

2.    the Parole Town Center Growth Management Area;

3.    the Odenton Town Center Growth Management Area;

4.    the Baltimore–Washington International Thurgood Marshall Airport State Priority Funding Area, as designated by the county in accordance with § 6–301(f)(8) of the Economic Development Article;

5.    a shopping center with a gross area of at least 1,000,000 square feet that is zoned C3 General Commercial by the zoning article of the County Code; or

6.    the Route 198 corridor, consisting of properties located within 500 feet of the right–of–way of Maryland Route 198, from Route 32 on the east to the Prince George’s County–Anne Arundel County line on the west.

(d)    A franchisor may not have a direct ownership interest, as defined by the Board, in more than five licenses under this section.

(e)    The Board shall adopt regulations:

(1)    to carry out this section; and

(2)    that define “direct ownership interest” for the purposes of subsection (d) of this section.