Md. Code, Alcoholic Beverages and Cannabis, Title 10

Md. Code, Alcoholic Beverages and Cannabis, Title 10
in effect

Md. Code, Alcoholic Beverages and Cannabis § 10-101

(a) In this title: (1) the definitions in § 1–101 of this article apply without exception or variation; and (2) the following words have the meanings indicated. (b) “Board” means the Board of License Commissioners for the City of Annapolis. (c) “City” means the City of Annapolis. (d) “Light wine” means wine that contains not more than 15.5% of alcohol by volume.

Md. Code, Alcoholic Beverages and Cannabis § 10-201

The Mayor and the City Council may: (1) constitute the Board of License Commissioners for the City; or (2) delegate all or part of the authority to regulate license holders to a subsidiary board that the Mayor and City Council establish.

Md. Code, Alcoholic Beverages and Cannabis § 10-203

(a) The Mayor and City Council of the City may adopt regulations that in their judgment give the City more effective control of each licensed establishment. (b) The regulations: (1) may be added to or substituted for provisions of this article; but (2) may not be inconsistent with those provisions.

Md. Code, Alcoholic Beverages and Cannabis § 10-401

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the City without exception or variation: (1) § 2–201 (“Issuance by Comptroller”); (2) § 2–202 (“Class 1 distillery license”); (3) § 2–203 (“Class 9 limited distillery license”); (4) § 2–204 (“Class 2 rectifying license”); (5) § 2–205 (“Class 3 winery license”); (6) § 2–206 (“Class 4 limited winery license”); (7) § 2–207 (“Class 5 brewery license”); (8) § 2–208 (“Class 6 pub–brewery license”); (9) § 2–209 (“Class 7 micro–brewery license”); (10) § 2–210 (“Class 8 farm brewery license”); (11) § 2–211 (“Residency requirement”); (12) § 2–212 (“Additional licenses”); (13) § 2–213 (“Additional fees”); (14) § 2–214 (“Sale or delivery restricted”); (15) § 2–216 (“Interaction between manufacturing entities and retailers”); (16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and (17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”). (b) Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the City.

Md. Code, Alcoholic Beverages and Cannabis § 10-501

(a) The following sections of Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article apply in the City without exception or variation: (1) § 2–301 (“Licenses issued by Comptroller”); (2) § 2–302 (“Class 1 beer, wine, and liquor wholesaler’s license”); (3) § 2–303 (“Class 2 wine and liquor wholesaler’s license”); (4) § 2–304 (“Class 3 beer and wine wholesaler’s license”); (5) § 2–305 (“Class 4 beer wholesaler’s license”); (6) § 2–306 (“Class 5 wine wholesaler’s license”); (7) § 2–307 (“Class 6 limited wine wholesaler’s license”); (8) § 2–308 (“Class 7 limited beer wholesaler’s license”); (9) § 2–309 (“Sale and delivery of beer or wine from wholesaler’s vehicle”); (10) § 2–310 (“Sale and delivery to retail license holder”); (11) § 2–311 (“Additional wholesaler’s licenses”); (12) § 2–312 (“Direct importation of alcoholic beverages”); (13) § 2–313 (“Sale or delivery restricted to holder of license or permit”); (14) § 2–315 (“Interaction between wholesaling entities and retailers”); (15) § 2–316 (“Distribution of alcoholic beverages — Prohibited practices”); and (16) § 2–317 (“Restrictive agreements between wholesalers and retailers — Prohibited”). (b) Section 2–314 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the City.

Md. Code, Alcoholic Beverages and Cannabis § 10-502

Except as provided in § 10–503 of this subtitle, a holder of a wholesaler’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.

Md. Code, Alcoholic Beverages and Cannabis § 10-503

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day. (b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.

Md. Code, Alcoholic Beverages and Cannabis § 10-1001

(a) There is an art establishment beer and wine license. (b) (1) The Board may issue the license to a nonprofit organization primarily engaged in: (i) the display, sale, or demonstration of art by an individual artist or a group of artists; (ii) the instruction of participating clients in creating art; or (iii) live performances, including musical acts or theater performances. (2) The Board may not issue the license to an organization that: (i) displays and sells commercially prepared or mass–produced artistic products; or (ii) has a corporate purpose that is not dedicated to the activities described under paragraph (1) of this subsection. (c) The license authorizes the holder to sell or serve beer and wine at retail for on–premises consumption. (d) The license holder may sell or serve beer and wine during the hours and days set for beer and light wine licenses under § 10–2003 of this title. (e) The license may not be transferred to another location. (f) The annual license fee is $1,000.

Md. Code, Alcoholic Beverages and Cannabis § 10-1002

(a) There is a bookstore beer and wine license. (b) The Board may issue the license for use by an establishment commonly known as a bookstore that derives at least 70% of its revenue, measured by average daily receipts, from the sale of books. (c) The license authorizes the license holder to sell beer and wine to a bookstore customer for consumption in the bookstore during a public lecture, reading, discussion, or similar bookstore event. (d) The average daily receipts from the sale of alcoholic beverages at the bookstore may not exceed 17% of average daily receipts of the business. (e) The license may not be transferred to another location. (f) The license holder is subject to the alcohol awareness training requirements under § 4–505 of this article. (g) The annual license fee is $200.

Md. Code, Alcoholic Beverages and Cannabis § 10-1101

(a) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the City without exception or variation: (1) § 4–1102 (“Corkage — Consuming wine not purchased from license holder on licensed premises”); and (2) § 4–1103 (“Removal of partially consumed bottle of wine from licensed premises”). (b) Section 4–1105 (“Refillable container permit — Wine”) of Division I of this article does not apply in the City. (c) The following sections of Title 4, Subtitle 11 (“Additional License Privileges”) of Division I of this article apply in the City: (1) § 4–1104 (“Refillable container permit — Draft beer”), subject to § 10–1102 of this subtitle; and (2) § 4–1106 (“Nonrefillable container permit –– Draft beer”), subject to § 10–1103 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 10-1102

(a) The Board may issue a refillable container permit for draft beer to a holder of a Class A license, Class B license, Class D license, or Class E license. (b) An applicant for the permit shall complete the form that the Board provides. (c) The hours of sale for a refillable container permit: (1) begin at the same time as those for the underlying license; and (2) end at midnight. (d) The Board shall adopt regulations to carry out this section. (e) The annual permit fees are: (1) $50 for an applicant whose license has an off–sale privilege; and (2) $500 for an applicant whose license does not have an off–sale privilege.

Md. Code, Alcoholic Beverages and Cannabis § 10-1103

(a) The Board may issue a nonrefillable container permit for draft beer to a holder of a Class A license, Class B license, Class D license, or Class E license. (b) An applicant for the permit shall complete the form that the Board provides. (c) The hours of sale for a nonrefillable container permit: (1) begin at the same time as those for the underlying license; and (2) end at midnight. (d) The Board shall adopt regulations to carry out this section. (e) (1) Except as provided in paragraph (2) of this subsection, the annual permit fees are: (i) $50 for an applicant whose license has an off–sale privilege; and (ii) $500 for an applicant whose license does not have an off–sale privilege. (2) An applicant who has a refillable container permit may not be charged a fee for a nonrefillable container permit.

Md. Code, Alcoholic Beverages and Cannabis § 10-1104

(a) There is a club public event permit. (b) The Board may issue the permit to a holder of a Class C license. (c) Subject to subsection (d) of this section, the permit authorizes a club to sell alcoholic beverages that are allowed under the club’s Class C license: (1) during a public event sponsored by the club at the place described in the license; (2) to an individual who is not a member of the club or a guest of a member; and (3) for on–premises consumption. (d) (1) A permit holder shall: (i) submit an application for approval to the Board at least 45 days before a public event; and (ii) obtain the approval of the Board before each public event. (2) The Board, in its discretion, may approve up to 12 public events per permit holder in a calendar year.

Md. Code, Alcoholic Beverages and Cannabis § 10-1304

(a) The Mayor and City Council or designee may approve a Class WS wine sampling license. (b) The Mayor and City Council or designee may issue the license to a nonprofit organization. (c) (1) The license authorizes the on–premises consumption of wine for sampling: (i) on premises for which a Class B beer and wine or beer, wine, and liquor license has been issued, with the consent of the holder of the license for the premises; or (ii) at a location that is not already licensed. (2) The license holder may bring wine onto the Class B licensed premises for sampling. (d) The nonprofit organization shall apply for the license at least 15 days before the license is issued. (e) The Mayor and City Council or designee may issue not more than 12 licenses in a license year to a single nonprofit organization. (f) The license holder may serve a quantity of not more than 2 ounces from each offering to an individual. (g) The Mayor and City Council or designee shall set the license fee.

Md. Code, Alcoholic Beverages and Cannabis § 10-1305

(a) The Mayor and City Council or designee may approve a Class BWT beer and wine tasting license. (b) The Mayor and City Council or designee may issue the license to a holder of a Class A beer, wine, and liquor license or Class A beer and wine license. (c) The license authorizes a license holder to allow on–premises consumption of beer and light wine for tasting. (d) The license holder may serve to an individual: (1) light wine in a quantity of not more than 1 ounce from each offering; and (2) beer in a quantity of not more than 3 ounces. (e) The Mayor and City Council or designee shall set the license fee.

Md. Code, Alcoholic Beverages and Cannabis § 10-1401

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local License”) of Division I of this article apply in the City without exception or variation: (1) § 4–102 (“Applications to be filed with local licensing board”); (2) § 4–103 (“Application on behalf of partnership”); (3) § 4–104 (“Application on behalf of corporation or club”); (4) § 4–105 (“Application on behalf of limited liability company”); (5) § 4–106 (“Payment of notice expenses”); (6) § 4–108 (“Application form required by Comptroller”); (7) § 4–110 (“Required information on application — Petition of support”); (8) § 4–111 (“Payment of license fees”); (9) § 4–113 (“Refund of license fees”); and (10) § 4–114 (“Fees for licenses issued for less than 1 year”). (b) Section 4–107 (“Criminal history records check”) of Division I of this article does not apply in the City. (c) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the City: (1) § 4–109 (“Required information on application — In general”), subject to § 10–1402 of this subtitle; and (2) § 4–112 (“Disposition of license fees”), subject to § 10–1403 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 10-1501

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the City without exception or variation: (1) §�4–205�(“Chain store, supermarket, or discount house”); (2) §�4–206�(“Limitations on retail sales floor space”); (3) §�4–207�(“Licenses issued to minors”); (4) §�4–208�(“Notice of license application required”); (5) §�4–209�(“Hearing”); (6) §�4–210�(“Approval or denial of license application”); (7) §�4–211�(“License forms; effective date; expiration”); (8) §�4–212�(“License not property”); (9) §�4–213�(“Replacement licenses”); and (10) §�4–214�(“Waiting periods after denial of license applications”). (b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the City: (1) §�4–202�(“Authority of local licensing boards”), subject to § 10–1502 of this subtitle; (2) §�4–203�(“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to § 10–1503 of this subtitle and Subtitle 13, Part III of this title; and (3) §�4–204�(“Prohibition against issuing multiple licenses for same premises”), subject to § 10–1503 of this subtitle and Subtitle 13, Part III of this title.

Md. Code, Alcoholic Beverages and Cannabis § 10-1503

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if: (1) the licenses are Class D beer or Class D beer and light wine licenses; and (2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.

Md. Code, Alcoholic Beverages and Cannabis § 10-1801

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the City without exception or variation: (1) § 4–403 (“Renewal application”); (2) § 4–404 (“Filing period for renewal application”); (3) § 4–405 (“Contents of renewal application”); (4) § 4–406 (“Protests”); (5) § 4–407 (“Denial of renewal application”); (6) § 4–408 (“Issuance of renewed licenses”); (7) § 4–409 (“Multiple licenses”); and (8) § 4–410 (“Chain store, supermarket, or discount house”). (b) Section 4–402 (“Eligibility for renewal; process”) of Division I of this article applies in the City, subject to § 10–1802 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 10-2001

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title. (2) An owner, an operator, or a manager of a premises licensed under this title may not knowingly allow consumption of alcoholic beverages prohibited under paragraph (1) of this subsection. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

Md. Code, Alcoholic Beverages and Cannabis § 10-2501

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in: (1) an establishment open to the public; (2) a place of public entertainment; or (3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article. (b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section. (c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

Md. Code, Alcoholic Beverages and Cannabis § 10-2601

(a) Subject to regulation by the City of the possession or consumption of alcoholic beverages on public property owned by the City or on a public highway, the following sections of Title 6, Subtitle 2 (“Enforcement”) of Division I of this article apply in the City without exception or variation: (1) § 6–202 (“Inspections”); (2) § 6–203 (“Use of equipment to measure quantity and quality of alcoholic beverages”); (3) § 6–205 (“Peace officers”); (4) § 6–206 (“Charging document for unlawful sale of alcoholic beverage”); (5) § 6–207 (“Display of alcoholic beverages as prima facie evidence of sale”); (6) § 6–208 (“Regulating possession or consumption of alcohol in public places”); (7) § 6–209 (“Adoption of standards for authorization of consumption”); and (8) § 6–211 (“Fines and forfeitures”). (b) Section 6–210 (“State preemption of local disorderly intoxication laws”) of Division I of this article does not apply in the City. (c) Section 6–204 (“Power to summon witnesses”) of Division I of this article applies in the City, in addition to § 10–2602 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 10-2701

(a) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article apply in the City without exception or variation: (1) § 6–305 (“Proof of age for sale of alcoholic beverages”); (2) § 6–306 (“Defense to prosecution for sale to underage individual”); (3) § 6–308 (“Allowing on–premises consumption of alcoholic beverages not purchased from license holder”); (4) § 6–309 (“Allowing on–premises consumption or possession of alcoholic beverages by individual under the age of 21 years”); (5) § 6–310 (“Providing free food”); (6) § 6–311 (“Restrictions on purchases and sales by retail dealer”); (7) § 6–312 (“Beverage misrepresentation”); (8) § 6–313 (“Tampering with alcoholic beverage container”); (9) § 6–314 (“Sale of alcoholic beverage container with detachable metal tab”); (10) § 6–315 (“Alcoholic beverage in container without regular label presumed illicit”); (11) § 6–316 (“Maximum alcohol content”); (12) § 6–317 (“Multiple serving purchase required”); (13) § 6–319 (“On–premises consumption of alcoholic beverages not purchased from license holder”); (14) § 6–320 (“Disorderly intoxication”); (15) § 6–321 (“Consumption of alcoholic beverages in public”); (16) § 6–323 (“Possession or use of Alcohol Without Liquid machine”); (17) § 6–326 (“Sale of alcoholic beverages in powder or crystalline form prohibited”); (18) § 6–327 (“Unlicensed out–of–state sale of alcoholic beverages”); (19) § 6–328 (“Tax evasion”); (20) § 6–329 (“Destruction of evidence”); and (21) § 6–330 (“Perjury”). (b) The following sections of Title 6, Subtitle 3 (“Prohibited Acts”) of Division I of this article do not apply in the City: (1) § 6–304 (“Selling or providing alcoholic beverages to individual under the age of 21 years”); and (2) § 6–322 (“Possession of open container”). (c) Section 6–307 (“Selling or providing alcoholic beverages to intoxicated individual”) of Division I of this article applies in the City, subject to § 10–2703 of this subtitle.

Md. Code, Alcoholic Beverages and Cannabis § 10-2702

(a) A person may not sell or provide directly or indirectly alcoholic beverages to an individual under the age of 21 years for the individual’s own use or for the use of any other person. (b) A defendant may not be found guilty of selling alcoholic beverages to an individual under the age of 21 years if: (1) the individual willfully represented that the individual is at least 21 years old and obtained an alcoholic beverage; and (2) the defendant proves at the trial that: (i) misrepresentation of age occurred; (ii) due caution was used in ascertaining the age of the individual before providing the alcoholic beverage to the individual; (iii) in the exercise of due caution, the defendant was deceived by the use of documentary evidence; and (iv) because of the use of documentary evidence, the defendant was unable to ascertain that the individual was under the age of 21 years. (c) The City Council may provide by ordinance that a violation of this section is a municipal infraction. (d) The granting of probation before judgment to a license holder or an employee of the license holder for a violation of this section does not bar the Board from proceeding administratively against the license holder for the violation.

Md. Code, Alcoholic Beverages and Cannabis § 10-2703

The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026