Current with changes from the 2024 Legislative Session
Section 4-1107 - Local delivery service permit(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.(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.Md. Code art. Alcoholic Beverages and Cannabis, § 4-1107Md. Code, Alcoholic Beverages and Cannabis § 4-1107
Added by 2024 Md. Laws, Ch. 775,Sec. 1, eff. 7/1/2024.Added by 2024 Md. Laws, Ch. 774,Sec. 1, eff. 7/1/2024.