Ch. 297

LAWS OF MARYLAND

(2)  EXCEPT IN BALTIMORE CITY, THE PROVISIONS OF THIS
SUBSECTION MAY REQUIRE A LICENSE FOR EACH LOCATION WHERE VENDING
MACHINES ARE OPERATED, BUT MAY NOT REQUIRE A SEPARATE LICENSE FOR
EACH INDIVIDUAL VENDING MACHINE.

(3)  EXCEPT IN BALTIMORE CITY, VENDING MACHINE
LOCATIONS USED EXCLUSIVELY FOR PREPACKAGED AND COMMERCIALLY
SEALED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS, AS DEFINED BY
REGULATION, ARE NOT REQUIRED TO BE LICENSED.

(4)  IN BALTIMORE CITY, A LICENSE MAY BE REQUIRED FOR
EACH INDIVIDUAL VENDING MACHINE.

(5) AN EXCLUDED ORGANIZATION MAY OPERATE A FOOD
ESTABLISHMENT WITHOUT A LICENSE UNLESS THE EXCLUDED ORGANIZATION
HAS BEEN ISSUED A LICENSE UNDER § 4-304(A)(2)(II) OF THIS TITLE.

(6) NOTHING IN THIS SUBTITLE SHALL PREEMPT THE RIGHT
OF A COUNTY TO REQUIRE A PERMIT UNDER THE AUTHORITY PROVIDED BY A
LOCAL LAW, ORDINANCE, OR REGULATION IF THIS SUBTITLE DOES NOT
REQUIRE THE FOOD ESTABLISHMENT TO OBTAIN A STATE LICENSE.

(C)  A LICENSE IS NOT TRANSFERABLE:

(1)  EXCEPT AS PROVIDED BY REGULATION FOR TRANSFER OF
THE LICENSE ON THE DEATH OF THE LICENSEE FROM PERSON TO PERSON;
OR

(2) FROM LOCATION TO LOCATION.

(D)  (1) FOR THE PURPOSES OF THIS SECTION A LICENSE ISSUED
BY A COUNTY HEALTH DEPARTMENT UNDER THE AUTHORITY PROVIDED BY
LOCAL LAW, ORDINANCE, OR REGULATION IN ACCORDANCE WITH § 4-304(B)
AND (C) OF THIS SUBTITLE SHALL CONSTITUTE THE LICENSE REQUIRED
UNDER THIS SUBTITLE, UNLESS THE DEPARTMENT, AFTER A HEARING,
DETERMINES THAT THE LICENSEE IS NOT IN COMPLIANCE WITH THIS
SUBTITLE AND REGULATIONS ADOPTED UNDER THIS SUBTITLE.

(2) AFTER A DETERMINATION OF NONCOMPLIANCE UNDER
PARAGRAPH (I) OF THIS SUBSECTION, THE DEPARTMENT SHALL ACT TO
ENSURE THAT THE FOOD ESTABLISHMENT AND ITS OPERATOR COMPLY WITH
THIS SUBTITLE AND THE RULES AND REGULATIONS ADOPTED UNDER THIS
SUBTITLE.

(2) (3) NOTHING IN THIS SUBTITLE SHALL ALLOW THE
ISSUANCE OF 2 SEPARATE LICENSES ISSUED SOLELY FOR THE REGULATION
OF A FOOD ESTABLISHMENT. UNDER THIS SUBTITLE.

(E) IN CHARLES COUNTY, AN ISSUANCE, RENEWAL, OR TRANSFER OF
AN OFF-SALE ALCOHOLIC BEVERAGES LICENSE DOES SHALL NOT REQUIRE
DEPARTMENT APPROVAL.

4-306.

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