Ch. 44                               MARVIN MANDEL, Governor                                    63

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved April 10, 1973.

CHAPTER 44
(House Bill 705)

AN ACT to repeal and re-enact, with amendments, subsection (h-1) of Section 19
and subsection (c)(l) of Section 37 of Article 2B of the Annotated Code of
Maryland (1968 Replacement Volume and 1972 Supplement), title "Alcoholic
Beverages," subtitle "Beer, Wine and Liquor Licenses," and subtitle "Local
Licenses and License Provisions," to provide that in Montgomery County the
rooms of a hotel meeting minimum requirements may be included as the
licensed premises; to provide that it is unlawful for any person to keep or
consume any alcoholic beverage on any premises open to the public unless
otherwise permitted under this Article; and to permit alcoholic beverages to be
kept or consumed in the room of a registered guest even though such room may
be a part of the licensed premises.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That subsection (h-1) of Section 19 and subsection (c)(l) of
Section 37 of Article 2B of the Annotated Code of Maryland (1968 Replacement
Volume and 1972 Supplement), title "Alcoholic Beverages," subtitle "Beer, Wine
and Liquor Licenses," and subtitle "Local Licenses and License Provisions," be
and they are hereby repealed and re-enacted, with amendments, to read as follows:

19.

(h-1) In Montgomery County such a license shall be issued by the clerk, upon
the advice and approval of the board of license commissioners, only to the owner
of any restaurant or hotel, 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
subsection, the owner must attest in a sworn statement that gross receipts from
food sales in the restaurant or hotel 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 subsection, the owner must attest in a sworn statement
that the gross receipts from food sales in the restaurant or hotel 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