MARVIN MANDEL, Governor

2429

SECTION 3. AND BE IT FURTHER ENACTED, That new
Section 19 (h—1) be and it is hereby added to Article 2B —
Alcoholic Beverages, of the Annotated Code of Maryland
(1968 Replacement Volume and 1975 Supplement) to read as
follows:

Article 2B — Alcoholic Beverages

19.

(H-1) (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 THE COUNTY EXCEPT IN THE TOWN OF
POOLESVILLE, TAKOMA PARK AND KENSINGTON. AS A
PREREQUISITE FOR THE INITIAL ISSUANCE OF A LICENSE UNDER
THIS SUBSECTION, THE OWNER SHALL 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 SHALL ATTEST IN A SWORN
STATEMENT THAT THE GROSS RECEIPTS FROM FOOD SALES IN THE
RESTAURANT OR HOTEL FOR THE 12 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
BY RULE AND REGULATION SHALL 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 SHALL INCLUDE
A REQUIREMENT OF (I) AT LEAST MONTHLY PHYSICAL
INSPECTIONS OF THE PREMISES DURING THE INITIAL LICENSE
YEAR OF ANY LICENSEE AND (II) THE SUBMISSION BY THE
LICENSEE TO THE BOARD, DURING THE INITIAL LICENSE YEAR,
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, DURING THE INITIAL LICENSE
YEAR, FAILS 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 OR
AFTER THE INITIAL LICENSE YEAR FOR EACH LICENSE OR
CALENDAR YEAR, THE BOARD, IN ITS DISCRETION, MAY REVOKE
THE LICENSE. THE BOARD MAY REQUIRE ANY LICENSEE TO
PROVIDE SUPPORTING DATA IT, IN ITS DISCRETION, DEEMS
NECESSARY, IN ORDER TO ESTABLISH THAT THE REQUIREMENTS OF
THIS SECTION RELATING TO THE RATIO OF GROSS RECEIPTS FROM
THE SALE OF FOOD TO THOSE FROM THE SALE OF ALCOHOLIC
BEVERAGES HAVE BEEN MET. FOR THE PURPOSES OF THIS
SECTION THE TERM "DINING AREA" MEANS THE AREA OCCUPIED BY
PATRONS FOR THE PURPOSE OF THE CONSUMPTION OF FOOD, AND
MAY INCLUDE SERVICE IN A ROOM OF A REGISTERED GUEST IN A
HOTEL IF THE HOTEL MEETS THE MINIMUM REQUIREMENTS AS SET