Md. Code art. Alcoholic Beverages and Cannabis, § 12-1605Md. Code, Alcoholic Beverages and Cannabis § 12-1605

Current with changes from the 2024 Legislative Session

Section 12-1605 - Distance restriction from place of worship or school

(a)

(1)

(i) Except as otherwise provided in this subsection, a new license may not be issued for and an existing license may not be moved to a building that is within 300 feet of the nearest point of the building of a place of worship or school.

(ii) In the 45th legislative district, a new Class A license of any type may not be issued for a building that is within 500 feet of the nearest point of the building of a place of worship or school.

(2) Paragraph (1)(i) of this subsection does not apply to:

(i) a Class A-7 beer, wine, and liquor license issued under § 12-1603(c)(17) of this subtitle;

(ii) a Class B beer and wine license outside the 46th legislative district;

(iii) a Class B beer, wine, and liquor license outside the 46th legislative district;

(iv) a Class B-D-7 license in the Old Goucher Revitalization District under § 12-1603(e) of this subtitle;

(v) a Class C beer and wine license; and

(vi) a Class C beer, wine, and liquor license.

(3) A license for use in a building that is within 300 feet of the grounds of a place of worship or school may be renewed or extended for the same building.

(4)

(i) This paragraph applies only to an area bounded by:

1. High Street on the west, Pratt Street on the north, Central Avenue on the east, and Eastern Avenue on the south;

2. West Cross Street and Amity Street on the west, Clifford Street on the north, Scott Street on the east, and Carroll Street on the south;

3. Holliday Street on the west, Saratoga Street on the north, Gay Street on the east, and Lexington Street on the south; or

4. subject to subparagraph (iii) of this paragraph, Fagley Street on the west, Gough Street on the north, Grundy Street on the east, and Chestle Place on the south.

(ii) The Board may waive the distance restrictions in paragraph (1)(i) of this subsection for an application for the transfer of a license into an area specified in subparagraph (i) of this paragraph if:

1. the application is approved by:

A. each community association representing the area;

B. each business association in the area; and

C. the ordained leader and the board or council for each place of worship that is within 300 feet of the proposed location of the establishment for which the license transfer is sought; and

2. a memorandum of understanding is executed by the applicant for the license transfer and each community association in the area.

(iii) The Board may not issue a license in or approve the transfer of a license into the area specified in subparagraph (i)4 of this paragraph if:

1. the proposed location of the establishment is in an area that is zoned "residential"; or

2. the license to be issued or transferred is a Class A license of any type.

(5)

(i) This paragraph applies only to an area bounded by East Chase Street on the north, North Lovegrove Street on the east, East Eager Street on the south, and North Charles Street on the west.

(b)

(1) This subsection:

(i) applies only in the 46th alcoholic beverages district; and

(ii) does not apply to a licensed restaurant in:

1. ward 4, precinct 1;

2. ward 22, precinct 1;

3. a residential planned unit development for Silo Point as approved by the Mayor and City Council in Ordinance 04-697 on June 23, 2004;

4. subject to paragraph (3) of this subsection, the area that is bounded as follows: from the intersection of West Ostend Street and Race Street, north on Race Street to Seldner Place, then east on Seldner Place to Clarkson Street, then north on Clarkson Street to West Cross Street, then east on West Cross Street to South Hanover Street, then north on South Hanover Street to Race Street (also known as Winter Street), then west/southwest on Race Street to West Cross Street, then west on West Cross Street to Leadenhall Street, then south on Leadenhall Street to West Ostend Street, then east on West Ostend Street back to the intersection of West Ostend Street and Race Street;

5. subject to paragraph (4) of this subsection, the area that is bounded as follows: from the intersection of Eastern Avenue and South Highland Avenue, north on South Highland Avenue to Bank Street, then west on Bank Street to South Clinton Street, then south on South Clinton Street to Eastern Avenue, then east on Eastern Avenue back to the intersection of Eastern Avenue and South Highland Avenue; or

6. subject to paragraph (5) of this subsection, the area that is bounded as follows: from the intersection of Eastern Avenue and South Newkirk Street, east on Eastern Avenue to Oldham Street, then south on Oldham Street to Fleet Street, then west on Fleet Street to South Newkirk Street, then north on South Newkirk Street back to the intersection of South Newkirk Street and Eastern Avenue.

(2) The Board may not issue or approve the transfer of a license if the licensed premises would be:

(i) within 300 feet of the nearest point of a place of worship or school; or

(ii) closer to the nearest point of a place of worship or school than the licensed premises was on June 1, 2004.

(3) For an establishment that is within 300 feet of the nearest point of a place of worship or school, the Board may issue a license in or approve the transfer of a license into the area specified in paragraph (1)(ii)4 of this subsection only if the Board:

(i) has executed a memorandum of understanding with a community association in the area specified in paragraph (1)(ii)4 of this subsection regarding the nature of the establishment; and

(ii) enforces the memorandum of understanding against any license holder that obtains a license under paragraph (1)(ii)4 of this subsection and seeks to renew or transfer the license.

(4) For an establishment that is within 300 feet of the nearest point of a place of worship or school, the Board may issue a license in or approve the transfer of a license into the area specified in paragraph (1)(ii)5 of this subsection only if the Board:

(i) has executed a memorandum of understanding with a community association in the area specified in paragraph (1)(ii)5of this subsection regarding the nature of the establishment; and

(ii) enforces the memorandum of understanding against any license holder that obtains a license under paragraph (1)(ii)5of this subsection and seeks to renew or transfer the license.

(5) For an establishment that is within 300 feet of the nearest point of a place of worship or school, the Board may issue a license in or approve the transfer of a license into the area specified in paragraph (1)(ii)6 of this subsection only if the license holder has received a letter of support from a place of worship or school that is within the bounded area.

Md. Code art. Alcoholic Beverages and Cannabis, § 12-1605Md. Code, Alcoholic Beverages and Cannabis § 12-1605

Amended by 2024 Md. Laws, Ch. 1027,Sec. 1, eff. 7/1/2024.

Amended by 2024 Md. Laws, Ch. 1026,Sec. 1, eff. 7/1/2024.

Amended by 2023 Md. Laws, Ch. 389, Sec. 1, eff. 7/1/2023.

Amended by 2023 Md. Laws, Ch. 388, Sec. 1, eff. 7/1/2023.

Amended by 2022 Md. Laws, Ch. 772, Sec. 1, eff. 6/1/2022.

Amended by 2022 Md. Laws, Ch. 771, Sec. 1, eff. 6/1/2022.

Amended by 2022 Md. Laws, Ch. 373, Sec. 1, eff. 5/16/2022.

Amended by 2021 Md. Laws, Ch. 556, Sec. 1, eff. 7/1/2021.

Amended by 2021 Md. Laws, Ch. 555, Sec. 1, eff. 7/1/2021.

Amended by 2020 Md. Laws, Ch. 372, Sec. 1, eff. 7/1/2020.

Amended by 2017 Md. Laws, Ch. 81, Sec. 1, eff. 4/11/2017.

Added by 2016 Md. Laws, Ch. 41, Sec. 2, eff. 7/1/2016.