ROBERT L. EHRLICH, JR., Governor

Ch. 151

BY adding to

Article 2B - Alcoholic Beverages

Section 6-201(p)(4)

Annotated Code of Maryland

(2001 Replacement Volume and 2002 Supplement)

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

Article 2B - Alcoholic Beverages

6-201.

(p) (1) (i) This subsection applies only in Kent County.

(ii) In this subsection, "Board" means the Board of License
Commissioners.

(2) (i) The Board may issue a Class B beer, wine and liquor license for
use in a restaurant.

(ii) To qualify for licensure under this subsection, the restaurant
shall:

1.       Be fully equipped with a proper and adequate dining
room;

2.       Have sufficient facilities for preparing and serving meals
to the public; and

3.       Be approved by the Board.

(iii) When operating under this license, a holder's average daily
receipts from the sale of food shall comprise at least 60 percent of the average daily
receipts of the business.

(4) (I) THE BOARD MAY ISSUE A SPECIAL MARYLAND WINE LICENSE
PRIVILEGE.

(II)     TO QUALIFY FOR A SPECIAL MARYLAND WINE LICENSE
PRIVILEGE, AN APPLICANT SHALL BE A HOLDER OF A CLASS B (ON-SALE) BEER AND
WINE LICENSE OR BEER, WINE AND LIQUOR LICENSE FOR USE ON A PREMISES THAT
QUALIFIES AS A RESTAURANT UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION.

(III)   A SPECIAL MARYLAND WINE LICENSE PRIVILEGE AUTHORIZES
THE HOLDER TO SELL WINE FROM A CLASS 4 WINERY BY THE BOTTLE FOR OFF-SALE
WITHOUT THE COST OF THE WINE COUNTING AS A PART OF THE AVERAGE DAILY
RECEIPTS OF THE BUSINESS REQUIRED TO MEET THE MINIMUM 60 PERCENT FOOD
SALES REQUIREMENT UNDER PARAGRAPH (2)(III) OF THIS SUBSECTION.

(IV)    THE ANNUAL FEE FOR THE SPECIAL MARYLAND WINE LICENSE
PRIVILEGE IS $100.

- 1393 -