Ch. 383

1997 LAWS OF MARYLAND

(3) FOOD STORES HAVING AN ALCOHOLIC BEVERAGES LICENSE ON OR
BEFORE OCTOBER 1, 1997, 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.

(4) 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 IT, THAT:

(I) THE EXPANSION IS NECESSARY TO ACCOMMODATE THE

PUBLIC; AND

(II) THE LICENSEE OTHERWISE CONTINUES TO MEET THE
CRITERIA FOR ISSUANCE OR TRANSFER OF A LICENSE AND WHATEVER OTHER
CONDITIONS ARE IMPOSED BY THE BOARD.

(F) BEFORE A BOARD MAY ISSUE A LICENSE FOR USE IN PREMISES IN WHICH
MORE THAN 10,000 SQUARE FEET OF FLOOR SPACE IS DEVOTED TO OFF-SALE USE, THE
BOARD SHALL.

(1) HOLD A PUBLIC HEARING AND MAKE A DETERMINATION THAT THE
ISSUANCE OF THE LICENSE WOULD SERVE THE PUBLIC NEED;

(2) MAKE A DETERMINATION THAT THE ISSUANCE OF THE LICENSE
WOULD NOT ADVERSELY IMPACT EXISTING RETAIL LICENSEES IN THE IMMEDIATE
VICINITY OF THE PREMISES, INCLUDING THOSE LICENSEES THAT MAY BE IN A
CONTIGUOUS COUNTY OR CITY; AND

(3) OBTAIN THE APPROVAL OF THE COMPTROLLER AS PROVIDED UNDER
SUBSECTION (G) OF THIS SECTION

(G) (1) IF A BOARD DETERMINES THAT THE ISSUANCE OF A LICENSE WOULD
MEET THE CRITERIA UNDER SUBSECTION (F)(1) AND (2) OF THIS SECTION, THE BOARD
SHALL OBTAIN A WRITTEN REVIEW AND APPROVAL FROM THE STATE COMPTROLLER
BEFORE TAKING FINAL ACTION ON THE APPLICATION

(2) THE BOARD MAY ISSUE THE LICENSE IF, ON RECEIPT OF AN
APPLICATION FROM A BOARD UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
COMPTROLLER;

(I) MAKES A DETERMINATION THAT THE ISSUANCE OF THE LICENSE
WOULD NOT ADVERSELY AFFECT THE ORDERLY DISTRIBUTION OF ALCOHOLIC
BEVERAGES IN THE STATE;

(II) MAKES A DETERMINATION THAT THE ISSUANCE OF THE LICENSE
WILL COMPLY WITH ALL APPLICABLE PROVISIONS OF THIS ARTICLE RELATING TO THE
ISSUANCE OF MULTIPLE LICENSES; AND

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