WILLIAM DONALD SCHAEFER, Governor
Ch. 188
are issued alcoholic beverages licenses by the Comptroller of Maryland; prohibiting
a certain construction of this Act; and generally relating to alcoholic beverages
licenses.
BY repealing and reenacting, with amendments,
Article 2B - Alcoholic Beverages
Section 40(a)
Annotated Code of Maryland
(1990 Replacement Volume and 1992 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 2B - Alcoholic Beverages
40.
(a) A license may not be issued to a partnership, to a corporation, or to a limited
liability company, but only to individuals authorized to act for a partnership, corporation,
or limited liability company who shall assume all responsibilities as individuals, and be
subject to all of the penalties, conditions and restrictions imposed upon licensees under
the provisions of the Tax - General Article that relate to the alcoholic beverage tax and
the provisions of this article. If the application is made for a partnership, the license shall
be applied for and be issued to all the partners as individuals, all of whom shall have
resided in the city or county in which the place of business is located for at least 2 years
prior to the application [, or shall have resided in the State of Maryland for that period in
case the application is filed with the Comptroller].
(1) (i) Subject to subparagraph (ii) of this paragraph, in Baltimore and
Montgomery Counties, if the application is made for a partnership, the license shall be
applied for and issued to at least 2 general partners as individuals, at least one of whom
is a registered voter of the county where the application is made and resides there at the
time of the application. If there is only one general partner, the license shall be issued to
that partner as an individual, if that partner is a registered voter of the county where the
application is made and resides there at the time of application.
(ii) In Baltimore County, the provisions of this paragraph may not be
construed to waive any of the requirements under §§ 41 and 48 of this article.
(2) In Harford County, the applicant shall be a bona fide resident of
Harford County at the time of filing the application and shall remain a resident as long as
the license is in effect. The applicant is not required to be a registered voter.
(3) In Prince George's County, if an application is made for a sole
proprietorship or partnership, the license shall be applied for and issued to all partners as
individuals, all of whom shall have resided in Prince George's County for at least 2 years
prior to the application, are registered voters in Prince George's County, and shall
continue to be bona fide residents of Prince George's County as long as the license is in
effect.
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