18 LAWS OF MARYLAND [CH. 12
tising the sale of alcoholic beverages shall be permitted, and
generally to provide for the terms and conditions under which said
licenses shall be issued and further to provide for a referendum
on this Act.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 19 (h) of Article 2B of the Annotated Code of
Maryland (1957 Edition and 1963 Supplement), title "Alcoholic
Beverages," subtitle "Beer, Wine and Liquor Licenses," be and it is
hereby repealed and re-enacted, with amendments; that new Section
19 be and it is hereby added (h-1) to said Code, of said title and
subtitle, to follow immediately after said Section 19 (h), and all to
read as follows:
19.
(h) In Montgomery County such a license shall be issued by the
clerk, upon the advice and approval of the liquor control board, only
to the owner of any restaurant which is located in the fourth, eighth
or tenth election districts of said county and which was doing busi-
ness in 1932, and which had a seating capacity of thirty chairs and
capital investment of thirty thousand dollars or more in 1932, for
consumption on the premises. The annual license fee for such a
license shall be twelve hundred dollars ($1,200.00), provided, how-
ever, that the provisions of this subsection 19 (h) shall be null and
void and of no further effect after April 30, 1965.
(h-1) In Montgomery County such a license shall be issued by the
clerk, upon the advice and approval of the Board of License Com-
missioners, only to the owner of any restaurant, having a minimum
dining area of 1,000 square feet, located in the third, fourth, seventh,
eighth, ninth, tenth, or thirteenth election districts of said county
except in the towns of Poolesville, Takoma Park and Kensington. As
a prerequisite for the initial issuance of a license under this sub-
section, the owner must attest in a sworn statement that gross re-
ceipts from food sales in the restaurant will be in excess of two
times the gross receipts from the sale of alcoholic beverages. As a
prerequisite for each renewal of a license issued under this sub-
section, the owner must attest in a sworn statement that the gross
receipts from food sales in the restaurant for the twelve month
period immediately preceding the application for renewal have been
in excess of two times the gross receipts from the sale of alcoholic
beverages. The Board of License Commissioners shall by rule and
regulation provide for periodic inspection of the premises and for
audits to determine the ratio of gross receipts from the sale of
food to gross receipts from the sale of alcoholic beverages. Any
rules and regulations adopted by the Board as aforesaid shall include
a requirement of (1) at least monthly physical inspections of the
premises during the initial license year of any licensee and (2) the
submission by the licensee to the Board, during the initial license
year aforesaid, of monthly statements showing gross receipts from
the sale of food and gross receipts from the sale of alcoholic beverages
for the immediately preceding month. In the event that a licensee
hereunder, during the initial license year, shall fail to maintain
gross receipts from the sale of food at least twice those from the
sale of alcoholic beverages for a period of three consecutive months,
the Board, in its discretion, may revoke the license. The Board shall
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