Ch. 3                                        1994 LAWS OF MARYLAND

the ratio of food sales to the sale of alcoholic beverages has been maintained for at least
[six] 6 months prior to the application for this permit [except that in the case of]. FOR
a newly licensed establishment the Board [of License Commissioners] may immediately
authorize the issuance of a special Sunday "on-sale" permit if in the opinion of the Board
and upon good cause shown the newly licensed establishment meets the specifications of
paragraph [(1)] (2) of this subsection pertaining to the preparation, serving and sale of
food and [provided further that] IF the holder of the license complies with the
[provision] PROVISIONS of this paragraph. Applicants for a special Sunday "on-sale"
permit shall furnish the Board [of License Commissioners] with any proof [as] it
considers necessary indicating the qualifications of the establishment to be issued this
permit.

[(ii)](IV) The holder of a special Sunday "on-sale" permit is subject to
all other provisions of this article pertaining to Class B beer, wine and liquor licenses,
except that any restrictions on the sale of alcoholic beverages on Sunday appearing in §
103 OF THIS ARTICLE and elsewhere may not apply. Holders of this permit shall submit
to the Board, from time to time at regular intervals to be established by the Board, a
statement indicating in detail the ratio of food sales to the sales of alcoholic beverages. If
the average daily receipts from the sale of food fail for [three] 3 successive month's to
equal 40 percent of the total daily receipts from the sale of food and alcoholic beverages,
the Board shall cancel this permit. [It is permissible for the licensee of a] Class B[,]
beer, wine and liquor [license] LICENSEES with a special Sunday "on-sale" permit and
[the licensee of a] Class BH [license to] LICENSEES MAY sell beer, wine and liquor by
the drink from the bar or a cocktail lounge to persons on the licensed premises.

[(iii)](V) The Board [of License Commissioners] may adopt
regulations it considers necessary relating to the issuance, suspension, and cancellation of
these permits in furtherance of this subsection.                                                    

(6) (i) THERE IS A CLASS BLX LICENSE, WHICH IS A SPECIAL- CLASS B

LICENSE.

(II)     THE ANNUAL LICENSE FEE IS $2,500.

(III)   1. [In addition to the classes provided for, there is a special
Class B license known as] Class BLX [which is] LICENSES MAY BE issued only to luxury
type restaurants [; they], A TERM WHICH shall be [applied for in the regular manner and
the license fee is $2,500. A luxury type restaurant shall be as] defined by the regulations.
of the Board [of Liquor License Commissioners, if the].

2.       THE restaurant [has] SHALL HAVE a minimum capital
investment of $800,000 for dining room facilities and kitchen equipment, which sum may
not include the cost of land, buildings or a lease[, with].

3.       THE RESTAURANT SHALL HAVE a minimum seating
capacity of 100 persons.

4.       The Board [of License Commissioners] has complete
discretion as to whom these licenses [shall] MAY be issued, the number to be issued, and
[as to] whether an existing license holder of an alcoholic [beverage] BEVERAGES
license may also have an interest in one Class BLX license.

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