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Mission of the Board of Liquor License Commissioners

The Board of Liquor License Commissioners is an agency of the State responsible for regulating the sale, storage, and distribution of retail alcoholic beverages in Baltimore City.

Background

The Board of Liquor License Commissioners for Baltimore City was created by Act of the State Legislature after the repeal of the Volstead Act in 1933. Prior to Prohibition, alcoholic beverage licenses were issued directly by the Clerk of what was then referred to as the Court of Common Pleas. There was little intervention on the part of the public, zoning or other authorities, and alcoholic beverage licenses were routinely issued as in the case of Trader's Licenses, marriage licenses, etc.

When the Volstead Act was repealed, it became apparent that appropriate controls and licensing of alcoholic beverages at the retail level were necessary in the State of Maryland to insure public safety. Boards of Liquor License Commissioners were, therefore, created in all of the political sub-divisions in the State of Maryland by act of the Maryland General Assembly. Article 2B of the Annotated Code of Maryland was the enabling legislation and remains as the alcoholic beverage statute for the State of Maryland. There have been many changes in the law since 1933, and at each session of the Maryland General Assembly, new laws and statutes are introduced and passed which affect the operation of alcoholic beverage establishments in Baltimore City and throughout the State of Maryland.

The Board of Liquor License Commissioners for Baltimore City is an agency of the State. Every two years, the Governor, with the advice and consent of the City Senators, appoints three individuals to serve as Commissioners on the Board of Liquor License Commissioners for Baltimore City, one of whom is designated as the Chairman. As a body, the Board administers the statutes, laws, ordinances and its own Rules and Regulations regarding the operation of alcoholic beverage establishments in Baltimore City. Currently, there are approximately 1,470 alcoholic beverage establishments in Baltimore City which is a reduction from the approximately 2,200 licenses there were in 1968.

License Types

The Board is authorized by state law to issue the following types of licenses in Baltimore City:

BEER & WINE

Class "A" - Off Sale package goods - no on-premises consumption - 6 days, 6:00 a.m. - Midnight. No Sunday sales except Sundays between Thanksgiving Day and New Year's Day upon issuance of a special license for each Sunday.

Class "B" - Restaurants - 7 days, 6:00 a.m. - 2:00 a.m.

Class "C" - Non-Profit Private Clubs - 7 days, 6:00 a.m. - 2:00 a.m.

Class "D" - Taverns - 7 days, 6:00 a.m. - 1:00 a.m.

BEER, WINE & LIQUOR

Class "A" - Off Sale package goods no on-premises consumption - 6 days, 6:00 a.m.- Midnight. No Sunday sales except Sundays between Thanksgiving Day and New Year's Day upon issuance of a special license for each Sunday.

Class "A-2" - Off Sale package goods - 6 days - 9:00 a.m. - Midnight. No Sunday sales except Sundays between Thanksgiving Day and New Year's Day upon issuance of a special license for each Sunday.

Class "B" - Restaurants - 7 days, 6:00 a.m. - 2:00 a.m.

Class "B" - Arena License - 7 days, 6:00 a.m. - 2:00 a.m. Issued to stadiums, arenas and large multiple bar facilities

Class "B" - Hotel/Motel - 7 days, 6:00 a.m. - 2:00 a.m. Issued to hotels and motels with over 100 rooms Class "B" - Racing Establishment - 7 days, 6:00 a.m. - 2:00 a.m.

Class "C" - Non-Profit Private Clubs - 7 days, 6:00 a.m.- 2:00 a.m.

Class "D" - Taverns - 6 days, 6:00 a.m. - 1:00 a.m. No Sunday sales.

Class BD-7 -Taverns - 7 days - 6:00 a.m. to 2:00 a.m.

Moratorium

The Board of Liquor License Commissioners is charged with the responsibility of limiting and/or restricting the number of establishments selling alcohol in Baltimore City.

Since 1968, the Board has had a Moratorium on the granting of new licenses in Baltimore City. Currently, the issuance of new licenses is restricted to new Class "B" restaurant licenses, arena and/or hotel licenses. Other new licenses are sometimes specifically authorized by state law.

Application Process

Persons interested in obtaining an alcoholic beverage license must file an application for transfer, for expansion or for a new license with the Board. Under state law, a notice must be conspicuously posted on the property for transfer of ownership, transfer of location, expansion and/or new license for 10 consecutive days. In addition, the Board is required to advertise the application in three papers of general circulation.

When an application for transfer is of ownership only and the establishment is open and operating, the only issue before the Board is the question of fitness of the applicant. The question of public need and accommodation may not be considered by the Board. When the application is for a transfer of location, the premises has been closed for more than 90 days or involves a new license or expansion of an existing license, the question of public need and accommodation must be considered by the Board.

Protests

Citizens may protest the issuance of a new license, a transfer of location, a transfer of ownership of an establishment closed due to creditors' actions or closed over 90 days or the expansion of an existing license in the following ways:

Protest of Renewal

All permanent licenses issued by the Board are annual licenses and are valid from May 1st through April 30th of each year. Licensees must file renewal applications during the month of March to renew the license for the next year. There is no application fee to file a renewal but late renewal filings are subject to a $50 per day penalty which the Board may impose.

Under Article 2B, Section 10-301, if ten or more residents and/or property owners in the immediate vicinity in which the licensed place of business is located object to the renewal of the license based on specific complaints as to the licensees' establishment during the past license year, the Board may not renew the license until a public hearing has been held. Such protest of renewal hearing must take place during the month of April. At the hearing, it is necessary that the protestants appear to substantiate the basis of their complaints.

Under the same law, the Board, on its own initiative, may protest the renewal of a licensed premises based on specific complaints. If the Board protests the renewal of a licensed premises without input from the community, testimony at the protest of renewal hearing by community residents would be limited to the specific complaints set forth by the Board in its notice to the licensee(s).


If you have any questions concerning any of this information, please feel free to contact the Liquor Board office at (410) 396-4377 or 396-4378.

Hearings Schedule

Tue. October 7, 2008

Liquor License Board