prohibiting the transfer of the license to another location; defining certain
terms; and generally relating to special theater alcoholic beverages licenses in
Montgomery County.

BY adding to

Article 2B - Alcoholic Beverages

Section 8-216.1

Annotated Code of Maryland

(1998 Replacement Volume and 1998 Supplement)

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

Article 2B - Alcoholic Beverages

8-216.1.

(A) THERE IS A SPECIAL THEATER LICENSE.

(B) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "BOARD" MEANS THE MONTGOMERY COUNTY BOARD OF LICENSE
COMMISSIONERS.

(3) "MOVIE THEATER" MEANS A BUILDING DESIGNED OR USED
PRIMARILY FOR THE EXHIBITION OF MOTION PICTURES TO THE GENERAL PUBLIC.

(4) (I) "PERFORMING ARTS THEATER" MEANS THOSE AREAS,
BUILDINGS, OR STRUCTURES DESIGNED AND USED FOR PLAYS, ACTS, DRAMAS, OR
HISTRIONICS BY ACTORS OR ACTRESSES PERFORMING ON A STAGE.

(II) "PERFORMING ARTS THEATER" DOES NOT INCLUDE EITHER
THE SHOWING OR EXHIBITION OF MOTION PICTURES OR A BUILDING OR
AMPHITHEATER THAT IS PART OF A SPORTS COMPLEX REGULARLY USED BY MINORS.

(C) THE BOARD MAY ISSUE A SPECIAL THEATER (ON-SALE) BEER, WINE AND
LIQUOR LICENSE FOR USE IN A THEATER IF THE THEATER;

(1) IS A BUILDING THAT HAS A CAPACITY TO HOLD A MINIMUM OF 400

PERMANENTLY INSTALLED SEATS AND REGULARLY PRESENTS LIVE

ENTERTAINMENT; OR

(2) IS AN OUTDOOR AMPHITHEATER THAT HAS A CAPACITY TO HOLD A
MINIMUM OF 100 PERMANENT OR TEMPORARY SEATS AND SEASONALLY PRESENTS
LIVE ENTERTAINMENT BEER AND WINE LICENSE FOR USE ON THE PREMISES OF:

(1) A PERFORMING ARTS THEATER; OR

(2) A MOVIE THEATER OPERATED BY A BONA FIDE NONPROFIT
ORGANIZATION.