HARRY HUGHES, Governor                                 5363

March 11, 1982

Honorable Catherine I. Riley
326 House Office Building
Annapolis, Maryland 21401

Re: House Bill 1518

Dear Delegate Riley:

You. have requested advice of counsel on the
constitutionality of House Bill 1518. This bill would amend
§ 86(j) of Article 2B of the Maryland Code to provide that:

"(1) IN HARFORD COUNTY IF THE PREMISES
CONSTITUTE A RESTAURANT, TAVERN, HOTEL, CLUB,
DANCE STUDIO, DISCO, OR PLACE OF PUBLIC
ENTERTAINMENT, OR ON PREMISES OPEN TO THE
GENERAL PUBLIC OR PREMISES IN ANY WAY
LICENSED BY THE STATE OF MARYLAND OR HARFORD
COUNTY, IT IS UNLAWFUL FOR ANY PERSON,
CORPORATION, CLUB OR ORGANIZATION TO GIVE OR
ALLOW TO BE CONSUMED ON HIS OR ITS PREMISES
OR ON PREMISES UNDER HIS OR ITS POSSESSION OR
CONTROL ANY ALCOHOLIC BEVERAGES OTHER THAN AS
SPECIFICALLY PERMITTED OR PROVIDED IN THIS
ARTICLE. THIS DOES NOT APPLY TO THE ROOM OF
A REGISTERED GUEST IN ANY HOTEL, MOTEL, OR
HOSPICE OR TO EVENTS AND ACTIVITIES CONDUCTED
ON THE PREMISES OF A BONA FIDE FRATERNAL,
RELIGIOUS, PATRIOTIC, EDUCATIONAL OR
CHARITABLE ORGANIZATION OR CORPORATION,
VOLUNTEER FIRE COMPANY, BONA FIDE CATERING
ESTABLISHMENT, CIVIC AND COMMUNITY
ASSOCIATION FACILITIES, SWIM CLUBS, OR
SIMILAR ASSOCIATIONS HOLDING FUNCTIONS ON AN
INFREQUENT BASIS.

(2)  THE SHERIFF'S DEPARTMENT OF HARFORD
COUNTY SHALL ADOPT UNIFORM RULES FOR THE
ADMINISTRATION OF EXCEPTIONS SPECIFIED IN
(1).

(3)  ANY OWNER, OPERATOR, MANAGER OR
EMPLOYEE OF PREMISES OR PLACES SUBJECT TO THE
PROHIBITIONS OF THIS SUBSECTION WHO SHALL
KNOWINGLY PERMIT SUCH CONSUMPTION IN
VIOLATION OF THIS SUBSECTION SHALL BE GUILTY
OF A MISDEMEANOR AND UPON CONVICTION THEREOF
SHALL BE FINED NOT MORE THAN $1,000.00."

Specifically, you have asked whether the exceptions
contained in the last sentence of subsection (j)(l) of the
bill would violate the equal protection clause of the