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2304
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Ch. 471
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LAWS OF MARYLAND
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restaurants, subject to certain limitations, in
Montgomery County,
BY adding to
Article 2B — Alcoholic Beverages
Section 41(a-3)
Annotated Code of Maryland
(1976 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 41(a—3) be and it is hereby
added to Article 2B - Alcoholic Beverages, of the
Annotated Code of Maryland (1976 Replacement Volume and
1976 Supplement) to read as follows:
Article 2B - Alcoholic Beverages
41 .
(A-3) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS
SECTION, IN MONTGOMERY COUNTY THE HOLDER OF A CLASS B (ON
SALE - HOTELS AND RESTAURANTS) BEER, WINE AND LIQUOR
LICENSE UNDER THIS ARTICLE, WHOSE__PRINCIPAL PLACE OF
BUSINESS__IS LOCATED IN THE STATE OF MARYLAND AND WHO HAS
BEEN A CLASS B LICENSE HOLDER IN MONTGOMERY COUNTY FOR___A
MINIMUM OF THREE YEARS, BY MAKING APPLICATION IN THE
REGULAR MANNER AND PAYING THE USUAL FEES, MAY OBTAIN ONE
ADDITIONAL CLASS B (ON SALE - HOTELS AND RESTAURANTS)
BEER, WINE AND LIQUOR LICENSE FOR PREMISES USED AND
OCCUPIED AS A BONA FIDE RESTAURANT, AS DEFINED BY THE
RULES AND REGULATIONS OF THE BOARD OF LIQUOR LICENSE
COMMISSIONERS FOR MONTGOMERY COUNTY. THE RESTAURANT SHALL
HAVE A CAPITAL INVESTMENT OF NOT LESS THAN $250,000 FOR
RESTAURANT FACILITIES, WHICH SUM MAY NOT INCLUDE THE COST
OF LAND OR BUILDINGS, AND SHALL HAVE A MINIMUM SEATING
CAPACITY OF 125 PERSONS. THIS SUBSECTION DOES NOT PERMIT
THE ISSUANCE OF MORE THAN TWO LICENSES TO ANY PERSON, OR
FOR THE USE OF ANY PARTNERSHIP, CORPORATION OR
UNINCORPORATED ASSOCIATION IN MONTGOMERY COUNTY. HOWEVER,
THE ADDITIONAL LICENSE FOR WHICH PROVISION IS MADE BY
THIS SUBSECTION MAY__NOT BE COUNTED IN COMPUTING THE
NUMBER OF LICENSES PERMITTED PURSUANT TO SUBSECTION (A-2)
OF THIS SECTION. THE GRANTING OF THIS ADDITIONAL LICENSE
IS LIMITED AND RESTRICTED TO THE PURPOSE OF PROVIDING
ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE LICENSED
PREMISES ONLY; OFF-SALE PRIVILEGES MAY NOT BE EXERCISED.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved May 17, 1977.
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