1680 LAWS OF MARYLAND. [CH. 775

from the hire of rooms and the sale of foods exceed the
average daily receipts from the sale of alcoholic beverages,
provided that the Board of License Commissioners, in any
county having such a Board or in Baltimore City, may by
rule or regulation prescribe a different standard as to what
shall constitute a hotel.

(o) "Restaurant" means an establishment for the ac-
commodation of the public equipped with a dining room
with facilities for preparing and serving regular meals,
wherein the average daily receipts from the sale of foods
exceed the average daily receipts from the sale of alcoholic
beverages, provided that the Board of License Commission-
ers, in any county having such a Board or in Baltimore City,
may by rule or regulation prescribe a different standard
as to what shall constitute a restaurant.

(p) The words "in this State, " or "within this State"
mean in or within the territorial limits of this State.

2. Licenses and permits. It shall be unlawful for any
person to manufacture, blend, rectify, bottle, import or sell,
or suffer to be manufactured, blended, rectified, bottled,
imported or sold, or keep or suffer to be kept on his prem-
ises, in his possession or under his charge or control for
the purpose of sale and delivery within this State, any
alcoholic beverage without a license or permit, except as
follows:

(a) No license or permit shall be required for the man-
ufacture of wine or cider exclusively for home consumption
and not for sale.

(b) No license or permit shall be required in the case
of any common carrier, warehouseman or other lien holder,
exercising his right to sell alcoholic beverages, under a
lien, or any sheriff, constable, receiver, auctioneer, trus-
tee, attorney, executor or administrator, selling alcoholic
beverages under an order of Court; but no such sale shall
be made except to a license holder, and if the purchaser
is a retail dealer, the person making the sale shall pay the
taxes imposed by Sections 37 and 37A of this Article, be-
fore delivery is made to the purchaser.

(c) No license or permit shall be required for the com-
pounding or sale by druggists or apothecaries of medicinal,
antiseptic or toilet preparations unfit for beverage pur-
poses, nor for the compounding or sale of alcoholic bev-
erages upon the written prescription of a qualified physi-
cian; but it shall be unlawful for any druggist or apothe-
cary to sell alcoholic beverages for beverage purposes with-
out a license.