§ 12-103. Restrictions on advertising

MD Alcoholic B Code § 12-103 (2019) (N/A)
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(a)    Subject to subsections (b) and (c) of this section, the Mayor and City Council may adopt an ordinance restricting the placement on the side of a building or any other publicly visible location of any form of advertising for alcoholic beverages, including a sign, a poster, a placard, a device, a graphic display, an outdoor billboard, and a freestanding signboard.

(b)    An ordinance may be adopted if:

(1)    the ordinance is necessary to promote the welfare and temperance of minors exposed to advertisements for alcoholic beverages placed in publicly visible locations, including outdoor billboards, sides of buildings, and freestanding signboards; and

(2)    the restrictions do not unduly burden legitimate business activities of a license holder to sell alcoholic beverages at retail.

(c)    The ordinance may not restrict:

(1)    the placement of a sign, including an advertisement:

(i)    inside licensed premises;

(ii)    on a commercial vehicle used to transport alcoholic beverages; or

(iii)    in conjunction with a temporary license;

(2)    a sign that contains the name or slogan of the licensed premises that has been placed to identify the licensed premises;

(3)    except for a billboard and freestanding signboard, a sign for which zoning board approval or a minor privilege permit is required;

(4)    a sign that contains a generic description of beer, wine, or liquor, or any other generic description of alcoholic beverages;

(5)    a neon or electrically charged sign on licensed premises that is provided as part of a promotion of a particular brand of alcoholic beverage;

(6)    a sign on an MTA vehicle or a taxicab;

(7)    a sign on property owned, leased, or operated by the Maryland Stadium Authority;

(8)    a sign at a facility that operates in accordance with a license issued under § 11–304 of the Business Regulation Article; or

(9)    a sign on property adjacent to an interstate highway.

(d)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.