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ROBERT L. EHRLICH, JR., Governor
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Ch. 211
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(i) May, according to the provisions of § 10-202 of this article, issue
a license to sell alcoholic beverages to a bona fide hotel, motel, or restaurant as
defined in § 6-201(n) of this article, club as defined in § 6-301(o)(2) of this article, or
caterer as defined in § 6-704(a) of this article, within 300 feet of a church or place of
worship; and
(ii) May issue any alcoholic beverages license to a business
establishment, if the business is not located within 300 feet of any public or nonpublic
school.
(4) The Board may waive restrictions under this subsection in approving
an application for an alcoholic beverages license where an existing retail building or
unit has an entrance not within 1,000 feet of the nearest point of a school building and
no more than 25 percent of the floor area of the existing unit is within 1,000 feet of a
school building.
(5) (I) IN THIS PARAGRAPH, "INTEGRATED COMMUNITY SHOPPING
CENTER" MEANS A SHOPPING CENTER THAT CONTAINS:
1. SIX OR MORE RETAIL USES;
2. SIX OR MORE RETAIL AND SERVICE USES; OR
3. A GROSS FLOOR AREA OF MORE THAN 20,000 SQUARE
FEET.
(II) WITH RESPECT TO A PUBLIC OR PRIVATE SCHOOL BUILDING
ONLY, THE BOARD MAY WAIVE THE RESTRICTIONS UNDER THIS SUBSECTION IN
APPROVING AN APPLICATION FOR A CLASS B (ON-SALE ONLY) RESTAURANT LICENSE
IN THE COUNTY OR A MUNICIPAL CORPORATION WITHIN THE COUNTY IF THE
RESTAURANT THAT IS THE SUBJECT OF THE LICENSE IS LOCATED IN AN
INTEGRATED COMMUNITY SHOPPING CENTER IF:
1. THE RESTAURANT THAT IS THE SUBJECT OF THE
LICENSE IS LOCATED IN AN INTEGRATED COMMUNITY SHOPPING CENTER; AND
2. THE BOARD TAKES INTO ACCOUNT, AMONG OTHER
CONSIDERATIONS, COMMENTS RECEIVED FROM PARENTS WHOSE CHILDREN
ATTEND THE PUBLIC OR PRIVATE SCHOOL.
[(5)] (6) The provisions of paragraph (1) of this subsection relating to
distance from a church or place of worship do not apply to either the issuance of a
1-day alcoholic beverages license for use within a building or to the issuance of a
Class H beer, wine and liquor license issued under § 6-704(d) of this article to a
caterer for use in a banquet facility located within a building if:
(i) The construction of the building is completed after July 1, 1991;
and
(ii) The building is used for emergency operations by a volunteer
fire company.
- 967 -
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