Marvin Mandel, Governor                        1521

CHAPTER 710
(House Bill 608)

AN ACT to repeal and re-enact, with amendments, Section 52B of
Article 2B of the Annotated Code of Maryland (1970 Supplement),
title "Alcoholic Beverages," subtitle "General Provisions on Issue
on Licenses," relating to the renewal, transfer, or reissuance of
certain alcoholic beverage licenses in Montgomery County to estab-
lishments where subsequent to the original granting of said license
a school, church, other place of worship, public library or youth
center was erected within seven hundred and fifty feet of said
establishment, or where the said license is in effect for said estab-
lishment on June 1, 1965, where a previous license has not expired
within one year or been revoked because of acts by the owner of
the establishment.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 52B of Article 2B of the Annotated Code of Maryland
(1970 Supplement), title "Alcoholic Beverages," subtitle "General
Provisions on Issue of Licenses," be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

52B.

In Montgomery County, the board of license commissioners shall
not approve any license to sell alcoholic beverages within seven hun-
dred and fifty feet of any secondary or elementary school, church,
other places of worship, public library or youth center sponsored or
conducted by any governmental agency. Measurement of the re-
quired distance shall be made from the nearest point of the building
of the proposed establishment for which said license is requested to
the nearest point of the building of the school, church, or other place
of worship, public library or youth center. The board of license com-
missioners may within their discretion and by unanimous action of
the board approve the application for any license to sell alcoholic
beverages more than three hundred feet from any elementary or
secondary school, church, other place of worship, public library, or
youth center sponsored or conducted by any governmental agency
provided that the land upon which the building is situated in which
the licensee would operate is classified in a commercial or industrial
zone under the applicable zoning ordinance and is adjacent and/or
contiguous to other land which is similarly classified under said zon-
ing ordinance. Nothing in this section shall apply to or affect or
prohibit, in any manner, the renewal, [or] transfer, or reissuance
of a prior license of any license of any establishment where subse-
quent to the original granting of said license a school, church, other
place of worship, public library or youth center was erected within
seven hundred and fifty feet of said establishment, or where the said
license is in effect for said establishment on June 1, 1965. For the
'purposes of this section, reissuance shall be limited to a new license
for the establishment issued within one (1) year from the date of
expiration or revocation of a prior license provided the revocation
did not result from acts of the owner of the establishment.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1971.

Approved May 24, 1971.