Ch. 61

2004 LAWS OF MARYLAND

(iii) Except for the distance restrictions provided in subsection (a) of
this section, the restaurant otherwise qualifies under this article for the issuance of
the license requested.

(3) Any license issued under this subsection authorizes its holder to keep
for sale and sell alcoholic beverages for consumption on the premises only.

(C) (1) 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 THAT IS IN EXISTENCE AS OF JUNE 1,
2004, AND LOCATED IN THE ROCKSHIRE PLANNED RESIDENTIAL UNIT
DEVELOPMENT OF THE CITY OF ROCKVILLE, IF THE FOLLOWING CONDITIONS ARE
SATISFIED:

(I)      THE RESTAURANT BUILDING IS ENTIRELY CONTAINED ON
LAND LOCATED WITHIN THE ROCKSHIRE PLANNED RESIDENTIAL UNIT
DEVELOPMENT AREA;

(II)     THE ISSUANCE OF THE LICENSE WILL NOT ADVERSELY AFFECT
NEARBY SCHOOLS, CHURCHES, YOUTH CENTERS, OR THE NEAREST RESIDENTIAL
COMMUNITY; AND

(III)   EXCEPT FOR THE DISTANCE RESTRICTIONS PROVIDED IN
SUBSECTION (A) OF THIS SECTION, THE RESTAURANT OTHERWISE QUALIFIES
UNDER THIS ARTICLE FOR THE ISSUANCE OF THE LICENSE REQUESTED.

(2) ANY LICENSE UNDER THIS SUBSECTION AUTHORIZES ITS HOLDER
TO KEEP FOR SALE AND SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES ONLY.

[(c)] (D) (1) Subject to the provisions of paragraph (2) of this subsection, the
Montgomery County Board of License Commissioners may not issue any class of
alcoholic beverages license for use in a business establishment that sells motor
vehicle fuel to motorists from a fuel pump that is located on the premises.

(2) The Montgomery County Board of License Commissioners may
renew an alcoholic beverages license that has been issued for use in a business
establishment that sells motor vehicle fuel to motorists from a fuel pump that is
located on the premises if the license was in existence on January 1, 1989.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect June 1, 2004.

Approved April 13, 2004.

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