Md. Code Ann., Alco. Bev. & Cannabis § 9-1304

Redline — January 1, 2019 → current.View current text →

Current — January 1, 2020

As of January 1, 2019

(a) ~~(1)~~ There is a beer and wine ~~festival~~ license.

(a) There is a Class D (on–sale) beer and wine Arts and Entertainment District license.

~~(2)~~ The Board may issue ~~one festival~~ license ~~each year.~~

(b) The Board may issue the license to a for–profit festival promoter.

(b) The Board may issue the license to a holder of a retail license, Class 3 winery license, or Class 4 limited winery license.

(1) wine that is:

(i) manufactured and processed in any state; and

(ii) distributed in the State when the license application is filed; or

(2) beer that is brewed by a brewer:

(i) that brews less than 60,000 barrels of beer annually; and

(ii) whose product is distributed in the State when the license application is filed.

(d) A license holder shall display and sell beer and wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for the festival.

(e) The Board:

(1) each year may choose 1 weekend, Friday through Sunday inclusive, for the festival;

(2) may not choose the weekend selected for the Maryland Wine Festival in Carroll County;

(3) shall choose a location that is not already licensed; and

(4) shall ensure that the primary focus of the festival is the promotion of Maryland beer and wine.

(c) (1) The license authorizes the holder to exercise any of the privileges conferred by the license at an entertainment event that is held in an arts and entertainment district in the county.

(2) During the event for which the license is issued, an individual, within the approved event area in the arts and entertainment district and with a designated container unique to the event, may:

(i) purchase beer or wine from the license holder, or purchase beer or wine from, and consume on the premises of, any other license holder with on–sale privileges within the approved event area;

(ii) transport the beer or wine in the designated container to the premises of another license holder with on–sale privileges within the approved event area; and

(iii) consume the beer or wine within the approved event area, including the premises of any license holder with on–sale privileges.

(d) (1) An applicant for the license shall submit an application under oath on the form that the Board provides.

(2) Subtitles 14 and 15 of this title do not apply to an applicant for the license.

(e) (1) The license holder:

(i) at the entertainment event for which the license is issued shall distribute a wristband to each individual who is at least 21 years old; and

(ii) may not serve beer or wine to an individual who does not wear a wristband.

(2) A person who violates this subsection is subject to:

(i) for a first offense, a fine of $250; and

(ii) for a second offense, a fine not exceeding $1,000 and denial of further applications for a Class D (on–sale) beer and wine Arts and Entertainment District license.

(f) The license holder may hold another license of a different class or nature.

(g) Beer and wine displayed and sold shall be:

(1) invoiced to the license holder by a wholesaler, Class 3 winery, or Class 4 limited winery; and

(2) delivered to the festival from the licensed premises of the wholesaler, Class 3 winery, or Class 4 limited winery.

(h) A holder of a wholesale, Class 3 winery, or Class 4 limited winery license may enter into an agreement with the license holder to:

(1) deliver beer and wine not earlier than 2 days before the effective date of the license; and

(2) accept returns not later than 2 days after the expiration date of the license.

(i) The Board may set the license fee.

(j) The Board shall adopt regulations to carry out this section.

(g) The license:

(1) may be used for a maximum of 3 consecutive days; and

(2) may not be issued to an individual for–profit festival promoter more than once in a calendar year.

(h) The license fee is $500 per day.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.