Ch. 383

1997 LAWS OF MARYLAND

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

Article 2B - Alcoholic Beverages

9-217.

(a) This section applies only in Prince George's County.

[(m) (1) (i) In this section the following words have the meanings indicated.

(ii) "Board" means the Board of License Commissioners.

(iii) "Food stores" includes supermarkets.

(iv) "Off-sale" means the sale of alcoholic beverages that are to be
consumed off the licensed premises.

(v) "On-sale" means the sale of alcoholic beverages that are to be
consumed only on the licensed premises.

(2) Without regard to its class of license, a licensee may not devote more
than 10,000 square feet of floor space to off-sale use.

(3) Except as to food stores that had an alcoholic beverages license on or
before January 1, 1995, floor space shall be considered the space devoted to the retail sale
of alcoholic beverages for off-sale consumption which, in the case of all licenses without
on-premises consumption privileges, is located within the four walls of the building from
which the licensed business operates or, in the case of licenses with on-sale and off-sale
privileges, is actually used for the sale, display or storage of those beverages. In all cases,
floor space includes:

(i) Basements on licensed premises; and

(ii) Whatever other area off the licensed premises upon which the
beverages are at any time lawfully stored.

(4) (i) This subsection does not prohibit the renewal or transfer of
ownership or location of a license issued in conjunction with any business that on or
before January 1, 1995, has in excess of 10,000 square feet devoted to off-sale use.

(ii) The square footage of floor space used for the sale, display, or
storage of the beverages may not be expanded beyond 10,000 square feet.

(iii) Food stores having an alcoholic beverages license on or before
January 1, 1995, may not expand the actual square footage of their alcoholic beverages
departments, including sales, display, and storage areas, beyond a total of 10,000 square
feet. This size shall be determined without regard to the total area available within the
four walls of the business premises.

(iv) There is no presumption in favor of or which otherwise requires
the Board to approve requests by licensees to expand the amount of space devoted to the
retail sale of beverages for off-sale consumption up to 10,000 square feet unless the
Board finds, based upon the evidence presented to them, that:

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