Ch. 5

1993 LAWS OF MARYLAND

(3)     This restriction does not apply to any transfer or assignment of a license
located within the distance of 1,000 feet to another place of business within the specified
distance and/or to an assignee of the license within the distance of the same church or
school building.

(4)     This does not apply to the issuance of a license for a place of business,
not having an alcoholic beverage license, to which an alcoholic beverage license had been
issued and was in force and effect on June 1, 1965, as to a license of the same class which
was in force and effect as of that date, applied for in the place of business nor to a
renewal of a license of any establishment where, subsequent to the original granting of
the license a school or church building was erected within 1,000 feet.

(5)     This does not apply to any licenses or to any license issued under §
19(r)(2), § 19(r)(5), or § 25 of this article.

(6)     This restriction does not apply in the case of a private kindergarten or
nursery school.

[(e)](F) (1) (i) [In Prince George's County, a] A person, whether acting on
that person's behalf or on the behalf of another person or entity, corporation, association,
partnership, limited partnership or other combination of persons (natural or otherwise)
for whatever reason formed, may not have an interest in more than one license
authorizing the retail or wholesale sale of alcoholic beverages.

(ii) An interest shall be conclusively presumed to exist between 2
licensees or a licensee and an applicant for a license if any of the following conditions
exist between them:

1. A franchise agreement;                                           

2.. A licensing agreement;                                                 

3.       A concession agreement;

4.       Where both are part of a chain of businesses commonly
owned and operated and so portrayed to the public;

5. Any sharing of directors or stockholders or any-sharing of
directors or stockholders of parents or subsidiaries;                                         

6.       Common direct or indirect sharing of profit from the sale of
alcoholic beverages; or

7.       Sharing of a common trade name, trademark, logo or theme,
or mode of operation identifiable by the public, except hotels and motels.

(iii) The Board of License Commissioners shall make determinations
under this subsection without regard to whether a particular licensee or proposed
licensee is or may be an independent contractor for purposes other than the application
of this subsection.                                                    .                                                       ,

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