§ 22-904. Class B-3 restaurant/hotel license

MD Alcoholic B Code § 22-904 (2019) (N/A)
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(a)    There is:

(1)    a Class B–3 restaurant/hotel 6–day license; and

(2)    a Class B–3 restaurant/hotel 7–day license.

(b)    The Board may issue a Class B–3 license to a person who:

(1)    has been operating a restaurant or hotel under a Class B beer, wine, and liquor license for 1 year before the application for the Class B–3 license;

(2)    accounts for at least 25% of the business at the restaurant or hotel from the sale of food; and

(3)    in the judgment of the Board, has equipped and stocked the restaurant or hotel for the continued regular sale of food to customers and guests.

(c)    (1)    The Board may issue a license under this subsection for use in a restaurant or hotel at retail at the place described in the license.

(2)    Except as provided in paragraph (3) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license, including at a restaurant and a bar or counter in a hotel, for on–premises consumption.

(3)    A holder of a license issued before July 1, 1984, may sell:

(i)    beer, wine, and liquor for on–premises consumption;

(ii)    beer and wine for off–premises consumption, including:

1.    subject to paragraph (4) of this subsection, beer in individual bottles and cans; and

2.    wine in split bottles; and

(iii)    liquor, if the license holder has been granted a liquor option.

(4)    Beer may be sold for off–premises consumption in:

(i)    bottles or cans exceeding 12 ounces in weight or size, if the beer is sold in a quantity of less than six; or

(ii)    a containerized package, if the package holds at least six bottles or containers.

(d)    (1)    A license holder with an option authorizing the sale of liquor for off–premises consumption may exercise that option in an area that:

(i)    is described in the license application;

(ii)    may not exceed 20% of the area normally used in the operation of the restaurant, not including additions or extensions; and

(iii)    unless sales are conducted only from behind a bar, is separate and distinct from the restaurant seating area.

(2)    If the license application indicates that sales of beer, wine, and liquor for off–premises consumption will be more extensive than from behind a bar, the applicant shall provide a separate outside entrance for purchasers of alcoholic beverages for off–premises consumption.

(3)    To meet food sale requirements, receipts for sales of liquor for off–premises consumption may not be included in the calculation of sales.

(e)    A license holder with an off–sale liquor option shall continually maintain a minimum stock of $8,000 wholesale value in beer, wine, and liquor.

(f)    The license holder may sell beer, wine, and liquor during the hours and days as set out under § 22–2004(c) of this title.

(g)    (1)    The annual license fees for a 6–day license are:

(i)    $2,620 for a hotel; and

(ii)    $2,050 for a restaurant.

(2)    The annual license fees for a 7–day license are:

(i)    $3,045 for a hotel; and

(ii)    $2,435 for a restaurant.

(3)    The annual license fees for an option to sell liquor for off–premises consumption are:

(i)    $350 for a 6–day restaurant; and

(ii)    $450 for a 7–day restaurant.