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Ch. 245
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2002 LAWS OF MARYLAND
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(viii) The limit on the maximum number of Class B beer, wine and
liquor licenses in the county under subsection (b) of this section applies to the
issuance of licenses under this paragraph.
(6) (I) IN THIS PARAGRAPH, "BUSINESS LICENSING AGREEMENT"
MEANS AN AGREEMENT THAT AUTHORIZES A PERSON, IN THE OPERATION OF A
RESTAURANT, TO USE A TRADEMARK, TRADE NAME, OR OTHER IDENTIFYING
SYMBOL OWNED BY A LICENSOR
(II) THIS PARAGRAPH DOES NOT APPLY TO A RESTAURANT
LOCATED IN A CHAIN STORE, SUPERMARKET, DISCOUNT HOUSE, DRUG STORE, OR
CONVENIENCE STORE.
(III) IN ACCORDANCE WITH THE ALCOHOLIC BEVERAGES LICENSE
QUOTA LIMITATIONS UNDER SUBSECTION (B) OF THIS SECTION, THE BOARD OF
LICENSE COMMISSIONERS MAY ISSUE OR TRANSFER A CLASS B BEER (ON-SALE)
LICENSE OR A CLASS B BEER AND WINE (ON-SALE) LICENSE FOR USE BY:
1. A FRANCHISEE WHO OPERATES A RESTAURANT UNDER A
FRANCHISE AGREEMENT WITH A FRANCHISOR; OR
2. A PERSON WHO OPERATES A RESTAURANT UNDER A
BUSINESS LICENSING AGREEMENT WITH A LICENSOR
(IV) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION OR
OTHER PROVISIONS OF THIS ARTICLE, THE BOARD MAY ISSUE OR TRANSFER A
LICENSE UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH REGARDLESS OF
WHETHER A CLASS B BEER (ON-SALE) LICENSE OR CLASS B BEER AND WINE
(ON-SALE) LICENSE HAS BEEN ISSUED OR TRANSFERRED FOR USE BY:
1. ANOTHER FRANCHISEE OPERATING A RESTAURANT
UNDER A FRANCHISE AGREEMENT WITH THE SAME FRANCHISOR; OR
2. ANOTHER PERSON OPERATING A RESTAURANT UNDER A
BUSINESS LICENSING AGREEMENT WITH THE SAME LICENSOR
(V) A PERSON THAT RECEIVES A CLASS B BEER (ON-SALE) OR
CLASS B BEER AND WINE (ON-SALE) LICENSE UNDER THIS PARAGRAPH MAY NOT
HOLD ANOTHER CLASS B BEER (ON-SALE) OR CLASS B BEER AND WINE (ON-SALE)
LICENSE UNLESS AUTHORIZED UNDER ANOTHER PROVISION OF LAW.
(VI) FOR THE PURPOSES OF THIS PARAGRAPH:
1. A LICENSOR OR FRANCHISOR MAY NOT HAVE AN
OWNERSHIP INTEREST IN A PERSON THAT RECEIVES A CLASS B BEER (ON-SALE) OR
CLASS B BEER AND WINE (ON-SALE) LICENSE UNDER THIS PARAGRAPH; AND
2. NOTWITHSTANDING ITEM 1 OF THIS SUBPARAGRAPH, A
BUSINESS LICENSING AGREEMENT OR FRANCHISE AGREEMENT MAY REQUIRE A
PERSON THAT RECEIVES A CLASS B BEER (ON-SALE) OR CLASS B BEER AND WINE
(ON-SALE) LICENSE UNDER THIS PARAGRAPH TO PAY THE LICENSOR OR
FRANCHISOR A FEE THAT IS BASED ON A PERCENTAGE OF REVENUE.
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- 1976 -
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