2380

LAWS OF MARYLAND

Ch. 380

liquor (on-sale) hotel and restaurant license to a Class D
beer, wine and liquor (on-sale) license in Baltimore County
under certain circumstances; providing certain exceptions;
and providing that this Act is an emergency measure.

BY adding to

Article 2B - Alcoholic Beverages

Section 74(k)

Annotated Code of Maryland

(1981 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 2B - Alcoholic Beverages

74.

(K) IN BALTIMORE COUNTY:

(1)  EXCEPT FOR THE TRANSFER PROVIDED FOR IN PARAGRAPH
(2) OF THIS SUBSECTION, ALL CLASSES OF ALCOHOLIC BEVERAGES
LICENSES SHALL BE TRANSFERRED AS PROVIDED FOR IN SUBSECTION (A)
OF THIS SECTION.

(2)  THE BOARD MAY, AFTER A HEARING, GRANT A TRANSFER
OF A CLASS B BEER, WINE AND LIQUOR (ON-SALE) HOTEL AND RESTAURANT
LICENSE TO A CLASS D BEER, WINE AND LIQUOR (ON-SALE) LICENSE IF,
BEFORE THE ANNUAL RENEWAL OF THE LICENSE, THE HOLDER:

(I)  IS CITED BY THE BOARD FOR VIOLATING THE
LICENSE RESTRICTION CONCERNING THE PERCENT OF FOOD SOLD VERSUS
THE PERCENT OF ALCOHOLIC BEVERAGES SOLD; OR

(II)  BECAUSE OF HARDSHIP OR ECONOMIC
CONDITIONS, KNOWS THAT THIS RESTRICTION IS BEING VIOLATED ON THE
LICENSED PREMISES AND NOTIFIES THE BOARD IN WRITING OF THIS
VIOLATION AND THE REASONS FOR REQUESTING THE TRANSFER.

(3) A LICENSE MAY NOT BE TRANSFERRED IN ACCORDANCE
WITH THE PROVISIONS OF PARAGRAPH (2) OF THIS SUBSECTION UNLESS
AFTER THE HEARING THE BOARD FINDS THAT THE TRANSFER IS IN THE
BEST INTEREST, HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD IN
WHICH THE LICENSE TRANSFER IS TO BE GRANTED.

(4) THIS SECTION DOES NOT APPLY TO THE EXCEPTIONS
FROM THE POPULATION REQUIREMENTS PROVIDED FOR IN SECTION
47A(A)(3), (4), AND (5) OF THIS ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is
hereby declared to be an emergency measure and necessary for the
immediate preservation of the public health and safety and having