Md. Code Ann., Alco. Bev. & Cannabis § 4-1107
Redline — January 1, 2022 → current.View current text →
Current — January 1, 2025
As of January 1, 2022
// EFFECTIVE UNTIL JUNE 30, 2023 PER CHAPTERS 140 AND 141 OF 2021 //
(a) (1) This section applies only in a jurisdiction in which the local licensing board has adopted regulations to authorize the sale or delivery of alcoholic beverages for off–premises consumption in accordance with this section.
(a) This section applies only in a jurisdiction where the local licensing board has adopted regulations to authorize the delivery of alcoholic beverages by a third–party contractor, an independent contractor, or an agent.
(2) In considering whether to adopt regulations under this section, a local licensing board shall weigh the need to promote the economic recovery of different categories of small businesses in the wake of the COVID–19 pandemic and the need to protect public health and welfare.
(b) (1) This subsection applies only to a license that authorizes the sale of alcoholic beverages for on–premises consumption only at a restaurant, bar, or tavern.
(2) A license holder under this subsection may sell any alcoholic beverages authorized under its license, including, if authorized, mixed drinks or cocktails in sealed or closed containers for off–premises consumption or delivery if:
(i) the alcoholic beverage is purchased along with prepared food other than prepackaged snacks;
(ii) the individual purchasing the alcoholic beverage:
1. is at least 21 years of age;
2. provides valid identification as proof of age; and
3. if the sale is for delivery, provides any documentation that the local licensing board requires;
(iii) the license holder has registered and received written authorization from the local liquor licensing board to sell alcoholic beverages authorized under its license for off–premises consumption or delivery;
(iv) each alcoholic beverage sold for off–premises consumption or delivery is:
1. provided in the manufacturer’s original sealed container or in a container closed with a cap, cork, seal, or lid with no holes for straws or sipping; and
2. sold or delivered not later than 11 p.m.;
(v) the delivery of an alcoholic beverage is made from the licensed premises to the individual purchasing the alcoholic beverage by the license holder or the license holder’s employee, who is at least 21 years old and certified in an alcohol awareness program; and
(vi) the alcoholic beverage is not delivered to:
1. another premises licensed to sell alcoholic beverages; or
2. an address located outside of the licensed jurisdiction.
(c) (1) This subsection applies only to a license that authorizes the sale of alcoholic beverages for on–premises and off–premises consumption at a restaurant, bar, or tavern.
(2) A license holder under this subsection may obtain a permit from the local licensing board that authorizes the holder to sell, if authorized under the holder’s license, mixed drinks or cocktails in sealed or closed containers for off–premises consumption or delivery if:
(i) the mixed drink or cocktail is purchased along with prepared food other than prepackaged snacks;
(ii) the individual purchasing the mixed drink or cocktail:
1. is at least 21 years of age;
2. provides valid identification as proof of age; and
3. if the sale is for delivery, provides any documentation that the local licensing board requires;
(iii) each mixed drink or cocktail sold for off–premises consumption or delivery is:
1. provided in the manufacturer’s original sealed container or in a container closed with a cap, cork, seal, or lid with no holes for straws or sipping; and
2. sold or delivered not later than 11 p.m.;
(iv) the delivery of an alcoholic beverage is made from the licensed premises to the individual purchasing the alcoholic beverage by the license holder or the license holder’s employee, who is at least 21 years old and certified in an alcohol awareness program; and
(v) the mixed drink or cocktail is not delivered to:
1. another premises licensed to sell alcoholic beverages; or
2. an address located outside of the licensed jurisdiction.
(d) A local licensing board:
(1) may not charge a license holder an additional fee for selling or delivering alcoholic beverages in accordance with this section; and
(2) may limit the quantity of alcoholic beverages that may be sold or delivered under this section to an individual in a single transaction.
(b) A local licensing board may issue a local delivery service permit.
(c) The permit authorizes the holder to deliver alcoholic beverages from a retail license holder authorized to deliver alcoholic beverages under § 4–507 of this title to an individual in the jurisdiction where the retail license holder is located.
(d) A local licensing board may set by regulation:
(1) the application requirements for the local delivery service permit; and
(2) additional requirements for holders of the local delivery service permit who deliver alcoholic beverages on behalf of a retail license holder.
(e) (1) The local licensing board may charge a fee for the local delivery service permit.
(2) The annual fee for the local delivery service permit is $1,000.
(f) A local delivery service permit holder may:
(1) use the delivery service’s employees or independent contractors who are at least 21 years old to deliver alcoholic beverages; and
(2) facilitate orders for the sale and delivery of alcoholic beverages by telephone, Internet, or other electronic means.
(g) The purchaser or receiver of alcoholic beverages under this section shall:
(1) be at least 21 years old; and
(2) provide valid identification as proof of age on receipt of the alcoholic beverages.
(h) Alcoholic beverages sold for off–premises delivery under this section shall be:
(1) provided in the manufacturer’s original sealed container; and
(2) sold only during the hours the retail license holder is open for in–store purchases.
(i) An individual delivering alcoholic beverages under a local delivery service permit shall:
(1) be at least 21 years old; and
(2) have successfully completed an approved alcohol awareness program under § 4–505 of this title.
(j) A local delivery service permit holder may not deliver alcoholic beverages to:
(1) an individual who does not provide valid identification proving that the individual is at least 21 years old;
(2) another premises licensed to sell alcoholic beverages; or
(3) an individual located outside the jurisdiction where the retail license holder is located.
(k) A local delivery service permit holder is subject to the following penalties for violating this section:
(1) for a first violation, a fine of $1,000;
(2) for a second violation, a fine of $3,000 and a suspension of the local delivery service permit for 30 days;
(3) for a third violation, a fine of $6,000 and a suspension of the local delivery service permit for 60 days; and
(4) for any subsequent violation, revocation of the local delivery service permit.
(l) The holder of a local delivery service permit may not:
(1) sell alcoholic beverages; or
(2) store alcoholic beverages for delivery.
(m) (1) A person shall apply to the local licensing board for a local delivery service permit before contracting to deliver alcoholic beverages for a retail license holder.
(2) If a retail license holder contracts with a local delivery service permit holder to deliver alcoholic beverages, the retail license holder and the local delivery service permit holder shall establish a method to ensure that the retail license holder retains control over sales to and payments made from a purchaser for the alcoholic beverages.
(n) The Executive Director may adopt regulations to enforce this section.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.