ROBERT L. EHRLICH, JR., Governor                              Ch. 61

Article 2B - Alcoholic Beverages

9-216.

(a)     The Montgomery County Board of License Commissioners may not issue
any license to sell alcoholic beverages within 750 feet of any secondary or elementary
school, church or other place of worship, public library or youth center sponsored or
conducted by any governmental agency. Measurement of the required distance shall
be made from the nearest point of the building of the proposed establishment for
which the license is requested to the nearest point of the building of the school, church
or other place of worship, public library or youth center. The Board of License
Commissioners may within its discretion and by unanimous action of the Board
approve the application for any license to sell alcoholic beverages more than 300 feet
from any elementary or secondary school, church or other place of worship, public
library, or youth center sponsored or conducted by any governmental agency provided
that the land upon which the building is situated in which the licensee would operate
is classified in a commercial or industrial zone under the applicable zoning ordinance
and is adjacent and/or contiguous to other land which is similarly classified under
said zoning ordinance. Nothing in this section shall apply to or affect or prohibit, in
any manner, the renewal, transfer, or reissuance of a prior license of any license of
any establishment where subsequent to the original granting of said license a school,
church or other place of worship, public library or youth center was erected within
750 feet of the establishment. For the purposes of this section, reissuance shall be
limited to a new license for the establishment issued within one (1) year from the date
of expiration or revocation of a prior license provided the revocation did not result
from acts of the owner of the establishment.

(b)     (1) In this subsection, "Takoma Park Transit Impact Area" means the
Takoma Park Transit Impact Area as approved and adopted in the sector plan for
Takoma Park, Montgomery County, Maryland.

(2) Notwithstanding the provisions of subsection (a) of this section, the
Montgomery County Board of License Commissioners by unanimous vote may
approve an application for an alcoholic beverages license of an applicant for a
restaurant establishment which is located on land classified in or near a CBD zone
(central business district zone), in or near the Rockville Town Center Performance
District, or in or near the Takoma Park Transit Impact Area, if the following
conditions are satisfied:

(i) 1. If the restaurant building is outside the respective zone,
district, or area the measurement of the distance of the nearest point of the
restaurant building to the nearest boundary line of the respective zone, district, or
area is 500 feet or less; or

2. The restaurant building is entirely contained in land
classified in the respective zone, district, or area;

(ii) The issuance of the requested license will not adversely affect
nearby schools, churches, youth centers or the nearest residential community; and

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