HARRY HUGHES, Governor                                     2455

Article 2B - Alcoholic Beverages

Section 53E and 74(m)

Annotated Code of Maryland

(1981 Replacement Volume and 1984 Supplement)

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

Article 2B - Alcoholic Beverages

53E.

IN FREDERICK COUNTY, THE LICENSE COMMISSIONER MAY NOT ISSUE
OR TRANSFER AN OFF-SALE ALCOHOLIC BEVERAGES LICENSE OF ANY CLASS
FOR THE USE IN A BUSINESS THAT IS INTENDED TO BE OPERATED AS A
DRIVE THROUGH PURCHASE FACILITY WHERE ALCOHOLIC BEVERAGES ARE TO
BE SOLD AT RETAIL AND DISPENSED THROUGH A WINDOW OR DOOR TO A
PURCHASER IN OR ON A MOTOR VEHICLE FOR OFF PREMISE CONSUMPTION.

74.

(a) (1) Any holder of a license under the provisions of
this article, including a receiver or trustee for the benefit of
creditors, may be permitted to transfer his place of business to
some other location or sell or assign the license and transfer
his stock in trade to another person, but only if application for
the transfer or sale has been made; all retail sales, amusement,
admission, and withholding taxes have been paid to the
Comptroller of the Treasury of the State; a bulk transfer permit
is obtained if the stock of alcoholic beverages is to be
transferred whether by sale, gift, inheritance, assignment, or
otherwise, and irrespective of whether or not consideration is
paid; and the new location or assignee is approved as in the case
of an original application for such a license. Such transfer or
assignment when made shall be endorsed upon the license by the
official issuing the same, upon payment of a fee of $1 in
addition to the costs of publication and notice, which shall be
paid at the time of the filing of the application for the
transfer or sale. This section shall permit the transfer of
location and the assignment of license in the same application.

(M) IN FREDERICK COUNTY, THE LICENSE COMMISSIONER MAY NOT
TRANSFER AN OFF-SALE ALCOHOLIC BEVERAGES LICENSE OF ANY CLASS FOR
THE USE IN A BUSINESS THAT IS INTENDED TO BE OPERATED AS A DRIVE
THROUGH PURCHASE FACILITY WHERE ALCOHOLIC BEVERAGES ARE TO BE
SOLD AT RETAIL AND DISPENSED THROUGH A WINDOW OR DOOR TO A
PURCHASER IN OR ON A MOTOR VEHICLE FOR OFF PREMISE CONSUMPTION.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions
of this Act do not affect a transfer of holders for the same
premises or the renewal of an existing off-sale license used for
a drive through purchase facility in Frederick County. However,