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Ch. 245
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2002 LAWS OF MARYLAND
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reason formed, may not have an interest in more than one license authorizing the
retail or wholesale sale of alcoholic beverages.
(ii) An interest shall be conclusively presumed to exist between 2
licensees or a licensee and an applicant for a license if any of the following conditions
exist between them:
1. A franchise agreement;
2. A licensing agreement;
3. A concession agreement;
4. Where both are part of a chain of businesses commonly
owned and operated and so portrayed to the public;
5. Any sharing of directors or stockholders or any sharing of
directors or stockholders of parents or subsidiaries;
6. Common direct or indirect sharing of profit from the sale
of alcoholic beverages; or
7. Sharing of a common trade name, trademark, logo or
theme, or mode of operation identifiable by the public, except hotels and motels.
(iii) The Board of License Commissioners shall make
determinations under this subsection without regard to whether a particular licensee
or proposed licensee is or may be an independent contractor for purposes other than
the application of this subsection.
(iv) A holder of a wholesale alcoholic beverages license is considered
a licensee for purposes of this subsection and may not hold or have an interest,
directly or indirectly, in an alcoholic beverages license of any class that authorizes
retail sale of alcoholic beverages in Prince George's County.
(2) This subsection does not apply to licenses issued under the provisions
of § 6-201(r)(2), (3), (5), (7), or (10), § 7-101, or § 8-505 of this article or to club
licenses.
(3) Notwithstanding other provisions of this subsection or other
provisions of this article, the Board of License Commissioners may permit an
individual, partnership, or corporation to hold or have an interest in not more than
four BH licenses.
(4) If the Board of License Commissioners determines after a hearing
that an interest exists in more than one license, the Board shall refuse to issue a new
license or shall revoke an existing license, unless the license is operational and
complied with law applicable at the time of its issuance.
(5) (i) This paragraph does not apply to a licensed premises located in
a chain store, supermarket, discount house, drug store, or convenience store.
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- 1974 -
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